• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Trademark

ZIG-ZAG looks to smoke out counterfeiters in Indiana

18 Thursday Aug 2016

Posted by Kenan Farrell in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Counterfeiting, False Designation of Origin, Federal Copyright Infringement, Federal Trademark Infringement, Philip P. Simon, Susan L. Collins, Trade Dress Infringement

This is an anti-counterfeiting action against an extensive list of defendants who allegedly manufacture, import and sell counterfeit versions of Plaintiff’s ZIG-ZAG cigarette papers in Indiana.

As expected, the counterfeit products are “inferior, cheaper versions sold without any known quality control or authorization.”

Stopping counterfeiters is a difficult task and, as seen here, must often be done on a state-by-state basis.

Screen Shot 2016-08-24 at 7.02.35 AM

North Atlantic Operating Company, Inc. et al v. KPC Distributor Inc. et al

Court Case Number: 1:16-cv-00307-PPS-SLC
File Date: Wednesday, August 17, 2016
Plaintiff:
North Atlantic Operating Company, Inc.; National Tobacco Company, L.P.
Plaintiff Counsel:
 Gregory W. Pottorff, Adam Arceneaux of Ice Miller
Defendant: KPC Distributor Inc. et al.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Federal Copyright Infringement, Common Law Unfair Competition, Common Law Trademark Infringement
Court:
 Northern District of Indiana
Judge: 
Philip P. Simon
Referred To: Susan L. Collins

Complaint:

View this document on Scribd

USPTO upgrading website to https

11 Thursday Aug 2016

Posted by Kenan Farrell in Intellectual Property, Patent, Tech Developments, Trademark

≈ Leave a comment

Tags

USPTO

On August 12, 2016, the informational web pages currently found at http://www.uspto.gov will be moved to https://www.uspto.gov. The USPTO has decided to finally use HTTPS (Hypertext Transfer Protocol Secure), currently the strongest privacy protection available for public web connections.

Those accessing web pages formerly found at http://www.uspto.gov will automatically be redirected to the pages’ new https location.

Screen Shot 2016-08-11 at 8.50.31 AM

Fishers sign company sues competitor for cybersquatting

13 Wednesday Jul 2016

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Cybersquatting, Deception, False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim's Relief Act, Jane Magnus-Stinson, Matthew P. Brookman, Violation of the CyberPiracy Prevention Act

Plaintiff, based in Fishers, Indiana, is in the business of graphic design, sign manufacturing, metal fabrication, and creating promotional material and apparel.

Plaintiff’s website is located at www.eye4group.com.

Defendant is in the business of sign making and associated tools and products and is a direct competitor of Plaintiff in the Indianapolis area.

Defendant allegedly registered the domain “www.eyefourgroup.com” on October 1, 2015 and directed all traffic to its own website. That’s a no-no.

The domain is currently not active.

Screen Shot 2016-07-13 at 4.55.16 PM

Eye 4 Group, LLC v. Indianapolis Sign Works Inc. et al.

Court Case Number: 1:16-cv-01864-JMS-MPB
File Date: Tuesday, July 12, 2016
Plaintiff: 
Eye 4 Group, LLC
Plaintiff Counsel:
 Jennifer L. Mozwecz of SRM Law, Joe Duepner of Duepler Law, LLC
Defendant: Indianapolis Sign Works Inc., Andrew Chapman
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, Contributory Trademark Infringement, Deception, Conversion, Indiana Crime Victim’s Relief Act, Cybersquatting, Violation of the CyberPiracy Prevention Act
Court:
 Southern District of Indiana
Judge: 
Jane Magnus-Stinson
Referred To: Matthew P. Brookman

Complaint:

View this document on Scribd

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

07 Thursday Jul 2016

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

≈ Leave a comment

Tags

Debra McVicker Lynch, Federal Trademark Infringement, Federal Unfair Competition, Indiana Unfair Competition, Richard L. Young

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.

Screen Shot 2016-07-07 at 12.08.23 PM

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:

View this document on Scribd

Great Divide Brewing sues Red Yeti Brewing over Yeti trademarks

06 Monday Jun 2016

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, Deceptive Trade Practices, False Designation of Origin, Federal Dilution, Tanya Walton Pratt, Trademark Infringement, Unfair Competition

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.

Screen Shot 2016-06-06 at 6.22.07 AM

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.

Screen Shot 2016-06-06 at 6.17.42 AM

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:

View this document on Scribd
← Older posts
Newer posts →

Categories

  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (334)
  • Defamation (5)
  • Entertainment Law (14)
  • Fashion (5)
  • Federal Initiatives (35)
  • Indiana (610)
  • Indianapolis (52)
  • Intellectual Property (674)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (603)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (218)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (372)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (371)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar
Loading Comments...