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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Southern District of Indiana

Indiana Trademark Litigation Update – Connecticut Electric v. Pacific Coast Breaker et al

26 Friday Nov 2010

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

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Common Law Trademark Infringement, Counterfeiting, False Designation of Origin and False Description of Fact, Forgery, Larry J. McKinney, Litigation Update, Tim A. Baker, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement, Unfair Competition

Connecticut Electric, Inc. v. Pacific Coast Breaker, Inc. et al

Plaintiff owns the  ZINSCO mark, which has been in use in connection with circuit breakers since 1974. Defendant initially bought Plaintiff’s circuits breakers for resale but then allegedly began manufacturing and selling its own counterfeit circuit breakers bearing the ZINSCO mark. Plaintiff also claims trade dress in the overall look and feel of the circuit breakers.

This case has an interesting public health component. Unlike the original ZINSCO breakers, which undergo a certification process, the knock-off breakers have not been tested (and therefore are not marked with the certification mark of a national testing lab). Let’s hope not many homes have had faulty ZINSCO breakers installed.

Court Case Number: 1:10-cv-01440-LJM-TAB
File Date: Tuesday, November 09, 2010
Plaintiff: Connecticut Electric, Inc.
Plaintiff Counsel: Douglas B. Bates of Stites & Harbison LLP, Vincent Allen of Carstens & Cahoon LLP
Defendant: Pacific Coast Breaker, Inc., PC Systems, Inc.
Cause: Trademark Counterfeiting, Trademark Infringement, Federal Trademark Dilution, Unfair Competition, False Designation of Origin & False Description, Trade Dress Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery Under IC 35-43-5-2(b), Counterfeiting Under IC 35-43-5-2(a)
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – CNH America v. Davis Equipment Sales & Service

23 Tuesday Nov 2010

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

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Dilution, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, William G. Hussmann

CNH America, LLC v. Davis Equipment Sales & Service, Inc.

Plaintiff CNH has sold agricultural products under the NEW HOLLAND marks since 1957. Defendant was previously an authorized reseller, but continues to use Plaintiff’s marks after termination of the license arrangement. Further evidence that it makes sense to spend some extra time up front drafting a concise trademark license rather than resort to litigation on the back end.

Court Case Number: 4:10-cv-00141-RLY-WGH
File Date: Tuesday, November 09, 2010
Plaintiff: CNH America, LLC
Plaintiff Counsel: Catherine A. Nestrick of Bamberger Foreman Oswald & Hahn
Defendant: Davis Equipment Sales & Service, Inc.
Cause: Trademark Infringement, Unfair Competition, Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Intellectual Property Litigation Summary – October 2010

01 Monday Nov 2010

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

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Litigation Update

The following Intellectual Property cases were filed in October 2010:

Northern District of Indiana

  • Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc. (Copyright)
  • Knox Fertilizer Company Inc. v. Appeal of a Decision by the Trademark Trial & Appeal Board (Trademark)

Southern District of Indiana

  • Batesville Services, Inc. v. Cremation Options, LLC et al (Trademark)
  • Bedrock Builders Inc. v. Town Square Homes, LLC et al (Copyright)
  • Ray’s Trash Service, Inc. v. Robert Miller et al (Trade Secret)
  • Top Ten Imports, LLC v. BMX Imports, LP (Trade Dress)

September – August – July

Indiana Trademark Litigation Update – Batesville Services v. Cremation Options et al

30 Saturday Oct 2010

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

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Copyright Infringement, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, Violation of the Anti-Cybersquatting Consumer Protection Act, William G. Hussmann

Batesville Services, Inc. v. Cremation Options, LLC et al

Plaintiff has sold cremation casket goods under the OPTIONS trademark since 1993. Defendants have been operating a competing website (www.cremationoptions.com) since 2002 that allegedly infringes on Plaintiff’s trademarks and copyrights in images of cremation goods.

Court Case Number: 4:10-cv-00129-RLY-WGH
File Date: Friday, October 15, 2010
Plaintiff: Batesville Services, Inc.
Plaintiff Counsel: Karen K. Gaunt of Wood Herron & Evans LLP
Defendant: Cremation Options, LLC, http://www.cremationoptions.com, Dustin Rhodes, Joseph Salvatore Damiano Sr., A.J. Styles, John Does 1-3
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, False Advertising, Violation of the Anticybersquatting Consumer Protection Act, Copyright Infringement, Indiana Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Trade Secret Litigation Update – Ray’s Trash Service, Inc. v. Robert Miller et al

28 Thursday Oct 2010

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

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Breach of Contract, Breach of Fiduciary Duty, Computer Trespass, Conversion, Debra McVicker Lynch, Litigation Update, Misappropriation of Trade Secrets, Replevin, Tanya Walton Pratt, Tortious Interference with Contractual Business Relations

Ray’s Trash Service, Inc. v. Robert Miller et al

The Defendant individuals were former employees of Plaintiff, Ray’s Trash Service, Indy’s largest recycling and waste disposal operation. Following their resignation, the Defendants allegedly entered into a campaign to solicit Plaintiff’s customers, in violation of non-compete and non-solicitation clauses from Plaintiff’s employment agreement.  Companies, do you have proper agreements in place with your key employees?

This case was removed from Hendricks County Superior Court.

Court Case Number: 1:10-cv-01302-TWP-DML
File Date: Monday, October 18, 2010
Plaintiff: Ray’s Trash Service, Inc.
Plaintiff Counsel: Christopher C. Murray, Todd J. Kaiser of Ogletree Deakins Nash Smoak & Stewart
Defendant: Robert Miller, Vicki Murphy, C&A Express, Inc., Todd Roberts
Defendant Counsel: William O. Harrington and Bettie Harrington on behalf of Robert Miller, Amanda L. Asbury and Anthony Scott Chinn on behalf of remaining Defendants
Cause: Replevin, Conversion, Breach of Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, Tortious Interference with Contractual Business Relations, Computer Trespass
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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