Jasper-based Kimball International files lawsuit to enforce KIMBALL trademark

27 Wednesday Apr 2016

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

Tags

Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Deception, False Designation of Origin, Federal Trademark Infringement, Indiana Crime Victim's Relief Act, Litigation Update, Michael P. Brookman, Richard L. Young

Plaintiff, Kimball International, Inc., has been selling furniture under the KIMBALL trademark since 1970. Plaintiff owns several trademark registrations, including the following:

Screen Shot 2016-04-27 at 8.50.57 AM

According to the Complaint (below), it was recently brought to Plaintiff’s attention that Defendant, a California-based furniture importer and distributor, had also begun selling “KIMBALL” furniture through its own website and retail partners.

Screen Shot 2016-04-27 at 8.42.40 AM

A cease-and-desist letter was sent by Plaintiff on March 29, 2016, apparently to no effect. Stay tuned for updates.

KIMBALL INTERNATIONAL, INC. v. COA, INC.

Court Case Number: 3:2016-cv-00054 840
File Date: Monday, April 25, 2016
Plaintiff: Kimball International, Inc.
Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP
Defendant: COA, Inc. d/b/a Coaster Company of America
Cause: Federal Trademark Infringement, False Designation of Origin, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Michael P. Brookman

Complaint:

View this document on Scribd

Painter sues Wine and Canvas for Copyright Infringement during “Paint Parties”

13 Wednesday Apr 2016

Posted by Kenan Farrell in Artists, Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

≈ Leave a comment

Tags

Contributory Copyright Infringement, Copyright Infringement, Denise K. LaRue, Litigation Update, Sarah Evans Barker

Plaintiff, a painter from Florida, alleges that her paintings were copied without authorization at the Defendants’ “paint parties.” Plaintiff asserts that her registered artworks were reproduced at paint parties on at least 36 occasions. According to the Complaint (below), Plaintiff contacted Wine and Canvas about the recurring infringements multiple times, starting back in April 2012.

Screen Shot 2016-04-13 at 5.09.55 PM

Duncanson v. Wine and Canvas IP Holdings LLC et al

Court Case Number: 1:16-cv-00788-SEB-DKL
File Date: Monday, April 11, 2016
Plaintiff: Megan Aroon Duncanson
Plaintiff Counsel: Cynthia Conlin, Esq.
Defendant: Wine and Canvas IP Holdings LLC et al
Cause: Direct Copyright Infringement, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Complaint:

View this document on Scribd

Indiana Trademark Litigation Update – NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

11 Monday Apr 2016

Posted by Kenan Farrell in Indiana, Intellectual Property, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

Common Law Unfair Competition, False Description, False Designation of Origin, Federal Unfair Competition, Matthew P. Bookman, Trademark Counterfeiting, Trademark Infringement, William T. Lawrence

Defendant is alleged to be involved in the advertising, promotion, and sale of counterfeit mixers, dispersers, mills, and related products.

Screen Shot 2016-04-11 at 9.44.51 AM

NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

Court Case Number: 1:16-cv-00781-WTL-MPB
File Date: Friday, April 8, 2016
Plaintiff: NETZSCH PREMIER TECHNOLOGIES, LLC
Plaintiff Counsel: Jeffrey Kose, Patrick F.X. Fitzpatrick, Jr. of Benesch, Friedlander, Coplan & Fronoff LLP
Defendant: PHLER FEINMAHLTECHNIK GMBH et al
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin, False Description, Federal Unfair Competition, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Matthew P. Bookman

Complaint:

View this document on Scribd

The Great American Bagel files Trademark Lawsuit over Rearranged Signage

25 Friday Mar 2016

Posted by Kenan Farrell in Branding, Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

False Advertising, False Designation of Origin, Federal Trademark Infringement, Litigation Update, Matthew P. Bookman, Passing Off, Richard L. Young, Trade Name Infringement, Unfair Competition, Unjust Enrichment

I’ll let the two trademarks at issue here speak for themselves – THE GREAT AMERICAN BAGEL (stylized) vs. THE GREAT AMERICAN EAGLE (nearly identically stylized). Check out the comparison images from the Complaint:

Screen Shot 2016-03-25 at 7.30.10 AM

The remarkable similarity is, not surprisingly, no coincidence. Defendant obtained an old sign previously used by Plaintiff and apparently opted to save money by just rearranging a few letters and calling his gas station/convenience store “The Great American Eagle”.

As Defendants’ convenience store sells food products, Plaintiff has alleged consumer confusion and is seeking damages and injunctive relief.

Stay tuned for updates.

The Great American Bagel Enterprises, Inc. v. United HBA Corporation et al

Court Case Number:3:16-cv-00038-RLY-MPB
File Date: Thursday, March 24, 2016
Plaintiff: The Great American Bagel Enterprises Inc.
Plaintiff Counsel: Stacy K. Newton of Jackson Kelly PLLC
Defendant: United HBA Corporation and Harbhajan Singh, d/b/a The Great American Eagle
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Trade Name Infringement, Passing Off, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Bookman

Complaint:

View this document on Scribd

Indiana Trademark Litigation Update – Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)

21 Monday Mar 2016

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

Common Law Trademark Infringement, Cybersquatting, Declaratory Judgment, False Description, False Designation of Origin, Jane Magnus-Stinson, Litigation Update, Mark J. Dinsmore, Unfair Competition

Plaintiff has been operating as “Oak Motors” since 1985, buying and selling automobiles and providing financial services related to the purchase and sale or automobiles. Plaintiff has five primary physical locations and also advertises via its website.

Defendant, a California company providing similar services, began operating as “Oak Motors” in February 2014. Plaintiff first learned of Defendant’s adoption of the name in March 2015 and sent a cease-and-desist letter citing its prior rights and federal registration. Defendant allegedly first agreed to discontinue use of the “Oak Motors” mark but did not follow through and continues to use the trademark (and similar domain names), hence this lawsuit.

Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)

Court Case Number: 1:16-cv-00595-JMS-MJD
File Date: March 16, 2016
Plaintiff: Oak Motors, Inc. (Indiana)
Plaintiff Counsel: Jonathan G. Polak, Zach Gordon of Taft Stettinius & Hollister LLP
Defendant: Oak Motors, Inc. (California)
Cause: False Designation of Origin, False Description, Common Law Trademark Infringement, Unfair Competition, Cybersquatting, Declaratory Judgment
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Category Archives: Southern District of Indiana

Jasper-based Kimball International files lawsuit to enforce KIMBALL trademark

KIMBALL INTERNATIONAL, INC. v. COA, INC.

Painter sues Wine and Canvas for Copyright Infringement during “Paint Parties”

Duncanson v. Wine and Canvas IP Holdings LLC et al

Indiana Trademark Litigation Update – NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

The Great American Bagel files Trademark Lawsuit over Rearranged Signage

The Great American Bagel Enterprises, Inc. v. United HBA Corporation et al

Indiana Trademark Litigation Update – Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)

Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)