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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Trademark

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

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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:

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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

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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

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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:

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Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Jon E. DeGuilio, Paul R. Cherry

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:

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Klipsch sues eBay Seller for Unauthorized Sale of Speakers

04 Wednesday May 2016

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

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Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Matthew P. Brookman, William T. Lawrence

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.

Screen Shot 2016-05-04 at 8.11.18 AM

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:

View this document on Scribd
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