Category Archives: Trademark

Eli Lilly sues to prevent online sale of unauthorized foreign pet medications

07 Thursday Jul 2016

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

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The defendant in this trademark lawsuit, an online pet supply store, is alleged to be selling unauthorized foreign pet medication in the United States. According to the Complaint (below), foreign medications, primarily from South Africa, are being sold in violation of FDA mandates.

The specific brands at issue are ELANCO, COMFORTIS, TRIFEXIS, INTERCEPTOR and CAPSTAR pet medicines.

The Honorable Jane Magnus Stinson entered a default judgment and injunction against the prior owners of the same website on June 13, 2014, in Case No. 1:13-cv-01800-JMS-DML. New owners subsequently resumed and expanded sales, hence this follow-up lawsuit.

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Eli Lilly Company et al. v. Best Value Pet Supplies

Court Case Number: 1:16-cv-01787-RLY-DML
File Date: Tuesday, July 5, 2016
Plaintiff: Eli Lilly and Company, Novartis Tiergesundheit AG
Plaintiff Counsel: Jan M. Carroll, Anne N. DePrez of Barnes & Thornburg LLP
Defendant: Scott Martin d/b/a Best Value Pet Supplies, Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Indiana Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

Great Divide Brewing sues Red Yeti Brewing over Yeti trademarks

06 Monday Jun 2016

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

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Denver-based Great Divide Brewing Company has been using the registered trademark YETI in connection with “Beer and Ale” since 2005. Specifically, Great Divide has a range of imperial stouts utilizing the Yeti word mark and a design mark of the outline of a yeti, the pose closely emulating the gait from the famous Bigfoot video. Great Divide’s yeti is usually white on packaging and marketing materials, but sometimes red.

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Jeffersonville, Indiana-based The Red Yeti, a restaurant/brewpub serving a limited selection of its own beer (currently a porter and hefeweizen), recently celebrated its second anniversary. Their logo is, not surprisingly, a red yeti in the typical walking pose.

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When Red Yeti failed to satisfactorily meet Great Divide’s cessation demands, this lawsuit was filed. Stay tuned for updates.

Great Divide Brewing Company v. Red Yeti Brewing Company, Inc.

Court Case Number: 4:16-cv-00084-TWP-DML
File Date: Friday, June 3, 2016
Plaintiff: Great Divide Brewing Company
Plaintiff Counsel: Michael W. McClain, Robert W. DeWees, III of McClain DeWees, PLLC
Defendant: Red Yeti Brewing Company, Inc.
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Federal Dilution, Common Law Unfair Competition, Common Law Trademark Infringement, Deceptive Trade Practices
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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This trademark dispute between Hobart, Indiana-based Indiana Botanic Gardens and a California defendant involves the use of the trademark EUCAMINT in connection with camphorated ointments. The Plaintiff has used its trademark since 1925.

The Defendant has been using the EUCAMINT mark in connection with a eucalyptus shower mist since as early as 2013.

Camphor used to be made by distilling the bark and wood of the camphor tree. Today, camphor is chemically manufactured from turpentine oil. It is used in products such as Vicks VapoRub. –WebMD

Indiana Botanic Gardens Inc v. Snyder Manufacturing Corporation

Court Case Number: 2:16-cv-00197-JD-PRC
File Date: Tuesday, May 31, 2016
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Snyder Manufacturing Corporation d/b/a Eurospa Aromatics d/b/a Eurospa Chemicals
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Paul R. Cherry

Complaint:

Klipsch sues eBay Seller for Unauthorized Sale of Speakers

04 Wednesday May 2016

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

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Klipsch, manufacturer of high-end audio speakers, is suing an eBay seller, HumanAudio, for unauthorized sales of its speakers.

In addition to selling “brand new” Klipsch speakers at discounted prices, the defendant is also accused of removing and replacing serial numbers, thus voiding any Klipsch warranty for the unwary end customer. Allowing an unauthorized licensor to continue with discounted sales undermines authorized distributors who must contractually maintain higher prices. Pressure from both authorized distributors and customers left without a warranty essentially forces legal action from Klipsch in this situation.

HumanAudio’s Klipsch speaker sales appear to continue unabated. Stay tuned for updates.

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Klipsch Group, Inc. v. Steve Myers d/b/a HumanAudio

Court Case Number: 1:16-cv-01034-WTL-MPB
File Date: Tuesday, May 3, 2016
Plaintiff: Klipsch Group, Inc.
Plaintiff Counsel: Dean E. McConnell of Indiano & McConnell LLC
Defendant: Steve Myers d/b/a HumanAudio
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Matthew P. Brookman

Complaint:

Race Car Trailer Manufacturer battles RV Maker over EDGE Trademark

04 Wednesday May 2016

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

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Universal Trailer Cargo Group (“UTC”) manufactures and sells race car trailers using the trademarks EDGE PRO and EDGE CLASSIC. They own a registration for THE EDGE in connection with “towage storage trailers.”

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Since 2010, Heartland Recreational Vehicles (“Heartland”) has sold recreational vehicles, namely, fifth wheel toy haulers using the trademark EDGE. (Here’s a video for those who aren’t familiar with toy haulers.)

Heartland has filed a federal application for EDGE in connection with “recreational vehicles, namely fifth wheels; recreational vehicles, namely toy haulers; recreational vehicles, namely travel trailers.”

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UTC subsequently opposed Heartland’s trademark application and threatened trademark litigation against Heartland.

In order to litigate on their home turf and increase the chance of finding a judge who understands the difference between a car trailer and a recreational vehicle, Heartland filed this lawsuit in the Northern District of Indiana (which includes Elkhart, the RV Capital of the World) seeking a declaratory judgment of non-infringement of UTC’s trademarks. Stay tuned for updates.

 

Heartland Recreational Vehicles, LLC v. Universal Trailer Cargo Group, Inc.

Court Case Number: 3:16-cv-00255-TLS-CAN
File Date: Tuesday, May 2, 2016
Plaintiff: Heartland Recreational Vehicles, LLC
Plaintiff Counsel: Ryan M. Fountain
Defendant: Universal Trailer Cargo Group, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Christopher A. Nuechterlein

Complaint: