Category Archives: Southern District of Indiana

Indiana Trade Dress Litigation Update – Forest River v. Winnebago Industries

19 Saturday Dec 2015

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Dress, Trademark

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This lawsuit involves the popular RPOD travel trailer, sold by Plaintiff since 2009, and an allegedly infringing DROP trailer, sold by Defendant since September 2015.

It will be interesting to see what trade dress rights can be protected for a small travel trailer. Importantly, trade dress cannot be functional. Specifically, the Complaint references “the exterior shape, the total visual image, the interior layout, interior fabric patterns and colors, and model numbers.”

RPOD Complaint Comparison

Forest River Inc v. Winnebago Industries Inc et al

Court Case Number: 3:15-cv-00609-RLM-CAN
File Date: Friday, December 18, 2015
Plaintiff: Forest River, Inc.
Plaintiff Counsel: Jonathan P. Froemel, Georgina D. Jenkins of Barnes & Thornburg LLP
Defendant: Winnebago Industries, Inc., Winnebago of Indiana, LLC
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Trademark Infringement, Common Law Trade Dress Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Copyright Litigation Update – Brick Shirt House v. Indiana On Tap

07 Monday Dec 2015

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

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The Brick Shirt House, LLC v. Indiana On Tap, LLC

Court Case Number: 1:15-cv-01919-TWP-DKL
File Date: Friday, December 4, 2015
Plaintiff: The Brick Shirt House, LLC
Plaintiff Counsel: Andrea Lynn Ciobanu, Alex Maurice Beeman of Ciobanu Law
Defendant: Indiana On Tap, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

Brick Shirt HouseOld Indiana On Tap Logo

Indiana Trademark Litigation Update – Hartfield Company v. Jeffrey Hartfield

08 Thursday Oct 2015

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

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After 35 years of working for the company bearing his father’s name, son sought to go out on his own. With 35 years of experience in one industry, he of course decided to start a similar company. But could he start a company also bearing his own (and his father’s) last name? Not if the new owner of daddy’s company has anything to say about it.

Trademark and surnames are often problematic. Here’s some basic info to consider as you analyze the Complaint:

Screen Shot 2015-10-07 at 9.39.13 AM

Think HARTFIELD?

Hartfield Company Inc. et al v. Jeffrey Hartfield et al

Court Case Number: 4:15-cv-00143-SEB-WGH
File Date: Monday, October 5, 2015
Plaintiff: Hartfield Company Inc., National Financial Partners Corp.
Plaintiff Counsel: Kendall Millard of Barnes & Thornburg LLP
Defendant: Jeffrey Hatfield, Hartfield Solutions LLC
Cause: Federal Unfair Competition and False Designation of Origin, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

Complaint:

Indiana Copyright Litigation Update – Professional Transportation Inc. v. Robert E. Warmka

30 Wednesday Sep 2015

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

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This lawsuit, removed from Vanderburgh Superior Court to the Southern District of Indiana, involves a dispute over a “Driver’s Manual.” Defendant is alleged to have left the employ of Plaintiff and utilized portions of their proprietary driver’s manual with his new employer. Defendant removed the lawsuit to federal court.

Professional Transportation Inc. v. Robert E. Warmka

Court Case Number: 3:15-cv-00134-RLY-WGH
File Date: Monday, September 28, 2015
Plaintiff: Professional Transportation Inc.
Defendant: Robert E. Warmka
Cause: Indiana Trade Secret Violation, Unfair Competition, Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Notice of Removal:

Complaint:

Indiana Trademark Litigation Update – Baby Trend v. Phil and Teds Most Excellent Buggy Company

31 Monday Aug 2015

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

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Plaintiff Baby Trend has used the registered NAVIGATOR trademark in connection with strollers and related products for over fifteen years.

Defendant, a New Zealand limited company, is alleged to be selling a stroller under an identical trademark (see Complaint below for photographs). Plaintiff’s cease-and-desist communications to Defendant beginning in June 2015 have proven unsuccessful, hence this lawsuit.

Baby Trend Inc. v. Phil and Teds Most Excellent Buggy Company Ltd.

Court Case Number: 1:15-cv-01353-TWP-TAB
File Date: Wednesday, August 26, 2015
Plaintiff: Baby Trend Inc.
Plaintiff Counsel: R. Trevor Carter, Brad R. Maurer of Faegre Baker Daniels LLP
Defendant: Phil and Teds Most Excellent Buggy Company Ltd.
Cause: Federal Trademark Infringement, Federal Unfair Competition and False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker