Category Archives: Trademark

Poulsen files Trademark Lawsuit in Indiana over Counterfeit “Ingrid Bergman” Roses

15 Thursday Jul 2021

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

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What’s in a name? That which we call a rose
By any other name would smell as sweet –William Shakespeare, Romeo & Juliet

Poulsen Roser is a family-owned Danish company world-famous for its breeding of distinctive rose varieties, for which it obtains patent and trademark protection. A lawsuit has been filed in the Southern District of Indiana involving their INGRID BERGMAN rose, a “unique currant red hybrid tea rose variety.” Poulsen owns a U.S. trademark registration for INGRID BERGMAN in connection with “live roses.”

The Defendants operate one of the U.S.’s largest wholesale rose growers, distributing flowers to garden centers, nurseries, and mail order outlets.

This lawsuit arises because the Defendants are allegedly producing, advertising, selling, and distributing unauthorized roses using the Poulsen’s INGRID BERGMAN mark. Further bibliographical information on the Defendants’ website about their “counterfeit” roses (see screenshot) might suggest to consumers that they are in fact authentic Poulsen roses.

Surely this situation can’t be as cut and dried as the Complaint (below) would imply. A large wholesale grower like the Defendants would certainly understand the implications of selling unauthorized rose varieties and know they couldn’t escape detection. We’ll have to stay tuned for their Answer and another possible side of the story.

Poulsen Roser A/S vs. Gardens Alive, Inc. et al.

Case Number: 4:21-cv-00113-SEB-DML
File Date: Wednesday, July 14, 2021
Plaintiff: Poulsen Roser A/S
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Gardens Alive, Inc., Early Morning LLC d/b/a Weeks Roses
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competion, Federal False Designation of Origin, Common Law Unfair Competition, Conversion, Theft
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

GETGO vs GET 2 GO for Convenience Stores…Are You Confused?

15 Thursday Jul 2021

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

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Giant Eagle is the owner of GETGO® convenience stores, with 269 locations, including four (4) stores in Fort Wayne, Indiana that were opened in 2018. Giant Eagle owns several U.S. trademark registrations for GETGO, claiming a date of first use of March 2003 for “Convenience store services, including fuel.”

The Defendants are the owners of three (3) retail convenience stores named GET 2 GO in Fort Wayne, Indiana. The Defendants own two U.S. trademark registrations for the GET 2 GO trademark, claiming a date of first use of June 2011. The Plaintiff has contemporaneously filed a Petition for Cancellation (see below) against the Defendants’ registrations.

The Plaintiffs sent communications to Defendants via counsel in February 2020 and April 2021. Per the Complaint (below), “Defendants, through counsel, indicated that they were 􏰇􏰑􏰌􏰙􏰞􏰐􏰔”simply not interested” in a business resolution or in discontinuing the use of the Infringing Marks.”

The Complaint doesn’t mention any instances of actual confusion.

Given the decade-long use of their own trademarks, coexisting peacefully with apparently no instances of consumer confusion, I’m not surprised that the Defendants have opted to stand their ground and not change their name. I’ll be interested to see the affirmative defenses and possibly counterclaims in the Defendants’ Answer. Stay tuned for updates on both the lawsuit and the cancellation proceeding.

Phoenix Intangibles Holding Company et al vs. Virk Brothers, LLC et al

Case Number: 1:21-cv-00263-HAB-SLC
File Date: Friday, July 9, 2021
Plaintiff: Phoenix Intangibles Holding Company, Giant Eagle, Inc.
Plaintiff Counsel: Anthony M. Eleftheri of Drewry Simmons Vornehm, LLC
Defendant: Virk Brothers, LLC, Charanjit Singh
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Petition for Cancellation:

Mid-June Indiana Intellectual Property Litigation Update

15 Tuesday Jun 2021

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

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It was a busy month for new filings but no big updates in previously filed cases.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – There has been an extension of forty-five days for the parties’ initial discovery deadlines. Nothing else to report.

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – Nothing to report.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021)- A pretrial conference was held on May 17, 2021. An Amended Complaint was filed on June 4, 2021 and an Answer to Third Party Counterclaims was filed on June 9, 2021.

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet.

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – On June 14, 2021, Attorney Kevin E. Steele filed an appearance on behalf of all defendants and requested an extension of time to file an answer.

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – A pretrial conference was held on June 4, 2021. The Defendants failed to appear. Defendants have until June 18, 2021 to show cause why sanctions should not issue for their failure to appear.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – On June 2, 2021, Delta filed a motion to take discovery from Amazon.com. The motion was granted on June 4, 2021.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – A pretrial conference was held on June 3, 2021. A response to the Complaint is due by June 17, 2021.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – No update yet.

Energy Beverages LLC v. Full Throttle Automotive LLC (SD, filed 5/19/2021) – The Defendants have received an extension of time to answer the Complaint until July 7, 2021.

Monster Energy Company v. R&R Medical, LLC d/b/a Bear KompleX (ND, filed 5/26/2021) – No update yet.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update yet.

Gatewood v. Webber Chappelle (ND, filed 6/4/2021) – No update yet.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – No update yet.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update yet.

May 2021 Updates

April 2021 Updates

Energy Drink Company Sues Automotive Repair Company for Trademark Infringement

24 Monday May 2021

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

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Evansville, Indiana-based Full Throttle Automotive, an auto repair shop, is being sued for trademark infringement by Energy Beverages, producer of Full Throttle energy drinks. The Complaint (below) highlights Energy Beverages’ long history of advertising in auto racing, including being the title sponsor of the National Hot Rod Association’s primary drag racing event.

The auto repair shop has also sponsored vehicles in motorsport events. Energy Beverages sent a cease-and-desist letter in October 2020, but Full Throttle Automotive has refused to discontinue use of its trademark.

Stay tuned for the Answer in the next few weeks, when we’ll likely find out how long Full Throttle Automotive has been using their “Full Throttle” name. They posted their current name and logo on Facebook back in 2014, and it’s likely they were using their name even before that, so they may have a strong acquiescence or laches defense based on many years of inaction from Energy Beverages.

A possible outcome could be a compromise whereby Full Throttle Automotive agrees not to sponsor NHRA events, presumably the most likely source of consumer confusion.

Energy Beverages LLC v. Full Throttle Automotive LLC

Case Number: 3:21-cv-00081-RLY-MPB
File Date: Wednesday, May 19, 2021
Plaintiff: Energy Beverages LLC
Plaintiff Counsel: James W. Riley, Jr., Jaclyn M. Flint of Riley Bennett Egloff LLP
Defendant: Full Throttle Automotive LLC
Cause: Trademark Infringement, Trade Dress Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Mid-May Indiana Intellectual Property Litigation Update

17 Monday May 2021

Posted by in Business Law, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trade Secret, Trademark

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It’s been a slow month for new intellectual property lawsuits in Indiana, with just one filed since mid-April. However, several of the existing lawsuits are heating up, with numerous counterclaims being filed, including one alleging abusive litigation practices.

Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – A Notice of Voluntary Dismissal was filed on April 30, 2021 and the lawsuit was dismissed on May 4, 2021.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On April 30, 2021, the Defendants filed an Answer and a Counterclaim for Abuse of Process, accusing Noble Roman’s and two Counterclaim Defendants of abusive litigation practices.

On May 14, 2021, the Counterclaim Defendants filed their Answer to the Counterclaim for Abuse of Process. The Counterclaim Defendants are represented by Jaime L. Meyer, Jeffrey D. Roberts, and Randy M. Fisher of Hollingsworth Roberts Means LLC.

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – An Amended Complaint was filed on April 23, 2021, adding an additional Plaintiff, TC Heartland LLC.

Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – A Notice of Voluntary Dismissal was filed on May 7, 2021 and the lawsuit was dismissed on May 10, 2021.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – Between April 21, 2021 to April 28, 2021, each of the Defendants filed a similar Motion to Dismiss for several counts of the Complaint, including the counts most interesting to intellectual property practitioners, False Designation of Origin and Unfair Competition, Civil Conspiracy, and Common Law Unfair Competition.

On April 28, 2021, Defendants Grit Technologies and Jarman also filed their Answer, Counterclaim and Third-Party Complaint. The Counterclaim and Third-Party Complaint includes claims of Tortious Interference with a Contract, Defamation, Violation of Section 43(a) of the Lanham Act, Common Law Unfair Competition. These Defendants are represented by Wendy D. Brewer and Laura M. Brymer of Fultz Maddox Dickens PLC, with admission pending for Jeffrey L. Widman and Laura Caplin of Fox Rothschild LLP.

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet.

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – No update yet.

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – The Defendant’s owner has mailed a letter to the Court advising them that he is in the process of changing his company name. This isn’t an actual Answer but it might be enough for Plaintiff to seek redress outside of the Court system. Presumably, Plaintiff’s counsel will be seeking assurances that the letter’s claims are true and we’ll have to wait to see whether they continue to pursue additional remedies.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – The Defendant has not responded to the Amended Complaint and Delta Faucet Company filed a Request for Entry of Default on April 29, 2021.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – Defendants’ counsel have filed their Appearances and submitted a Notice of Extension of Time until June 3, 2021 to answer the Complaint.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – No update yet.