Category Archives: Southern District of Indiana

Indiana Trademark Litigation Update – Pocket City Construction & Development Company v. Rick Sepulveda

11 Saturday Aug 2012

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

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Pocket City Construction & Development Company, Inc. v. Rick Sepulveda et al

Court Case Number: 3:12-cv-00119-RLY-WGH
File Date: Friday, August 10, 2012
Plaintiff: Pocket City Construction & Development Company, Inc.
Plaintiff Counsel: Gary K. Price of Terrell Baugh Salmon & Born, LLP
Defendant: Rick Sepulveda, Dr. Roof, Inc., Josh McIntyre
Cause: Trademark Infringement, Unfair Competition, Trademark Deceptive Consumer Sales Activities, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – J Squared Inc. v. K2 Designs LLC

27 Friday Jul 2012

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

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J Squared Inc. v. K2 Designs LLC

Court Case Number: 1:12-cv-01034-JMS-TAB
File Date: Thursday, July 26, 2012
Plaintiff: J Squared Inc.
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister LLP
Defendant: K2 Designs LLC
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Hospitality International v. Indiana Hospitality Real Estate & Management

23 Monday Jul 2012

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

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Plaintiff, Hospitality International Inc., offers franchise opportunities for hotel and motel owners. They own the rights to 5 brands, including Red Carpet Inn, Passport Inn, Master Hosts Inns, Downtowner Inns and the subject of this lawsuit, Scottish Inns. Defendant has allegedly been operating under the Scottish Inns brand without authorization since 2009. Defendant’s predecessor-in-interest had a license agreement (see below) but Defendant never entered into an agreement and allegedly owe back-royalties of around $29,000. After Defendant failed to timely respond to Plaintiff’s cease-and-desist letter (see below), this lawsuit was filed, claiming trademark infringement and unjust enrichment.

Stay tuned for updates.

Hospitality International Inc. v. Indiana Hospitality Real Estate & Management LLC

Court Case Number: 1:12-cv-00998-WTL-MJD
File Date: Thursday, July 19, 2012
Plaintiff: Hospitality International Inc.
Plaintiff Counsel: Michael R. Franceschini of Ayres Carr & Sullivan PC
Defendant: Indiana Hospitality Real Estate & Management LLC
Cause: Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Complaint:

License Agreement:

Cease & Desist Letter:

Indiana Copyright Litigation Update – Keystone Builders Resource Group v. Kennis R. Went, Jr. et al

11 Wednesday Jul 2012

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

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Architectural drawings are copyrightable. In this matter, Defendant has allegedly used Plaintiff’s architectural drawings without authorization. Note that the court’s scanned copy is missing Page 9 (and many of the pages are askew), so there’s a third claim I did not reference.

Let me know in the comments if you’re interested in updates to this case.

Keystone Builders Resource Group, Inc. et al v. Kennis R. Went, Jr. et al

Court Case Number: 1:12-cv-00939-SEB-DML
File Date: Tuesday, July 10, 2012
Plaintiff: Keystone Builders Resource Group, Inc., Lockridge Homes-Indianapolis, LLC
Plaintiff Counsel: Paul Joseph Carroll of Mercer Belanger
Defendant: Kennis R. Went, Jr., Jennifer S. Went, David Martin, Cassidy Martin, Dennis Vessels
Cause: Copyright Infringement, Misappropriation of Trade Secret, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Indian Industries d/b/a Escalade Sports v. Gnarly Sporting Goods

03 Tuesday Jul 2012

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

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Plaintiff, Indian Industries, Inc. d/b/a Escalade Sports, owns the marketing rights to several popular sporting good products, including Stiga® ping pong tables, Harvard® air hockey tables and the Goalrilla® basketball goal. Defendant, Gnarly Sporting Goods, is an alleged rogue online retail website, purporting to sell Plaintiff’s products. However, Plaintiff claims Defendant is not an authorized dealer and, apparently, doesn’t even sell the products but rather just lists them with below-market prices. In the Complaint (below), Plaintiff speculates that Defendant’s website is “for the purpose of forcing authorized distributors and authorized retailers with price matching policies to sell to consumers at artificially low prices.”

Leave a comment below if you or your company has dealt with a similar situation with a rogue online site.

Indian Industries d/b/a Escalade Sports v. John Doe d/b/a Gnarly Sporting Goods

Court Case Number:    1:12-cv-00900-RLY-TAB
File Date:    Friday, June 29, 2012
Plaintiff:     Indian Industries, Inc. d/b/a Escalade Sports
Plaintiff Counsel:     Charles Johnson Meyer, William A. McKenna of Woodard, Emhardt, Moriarty, McNett & Henry, LLP
Defendant:     John Doe d/b/a Gnarly Sporting Goods
Cause:    Trademark Infringement, False Advertising, Unfair Competition
Court:   Southern District of Indiana
Judge:     Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker