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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Trademark

Indiana Intellectual Property Litigation Summary – September 2010

11 Monday Oct 2010

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

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Litigation Update

The following Intellectual Property cases were filed in September 2010. A busy month, up from just 2 in August. Stay tuned for updates.

Northern District of Indiana

  • Forest River Inc. v. Heartland Recreational Vehicles LLC (Trade Secret)
  • Broadcast Music Inc et al v. Trioak Inc. et al (Copyright)
  • JB Custom Inc. v. Amadeo Rossi SA et al (Copyright)
  • Arbor Home Building Corporation v. Miller Custom Homes LLC (Copyright)
  • Group Force Capital LLC v. Virtuoso Distillers LLC (Trademark)

Southern District of Indiana

  • Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC et al (Trademark)
  • Coach, Inc. et al v. Designer Fragrance & Gifts et al (Trademark)
  • Coach, Inc. et al v. TJ’s Handbags & More et al (Trademark)
  • Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann (Trademark)

Indiana Trademark Litigation Update – Coach, Inc. v. TJ’s Handbags

28 Tuesday Sep 2010

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

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Common Law Trademark Infringement, Copyright Infringement, False Designation of Origin and False Advertising, Tanya Walton Pratt, Trade Dress Infringement, Trademark Dilution, Trademark Infringement, Unfair Competition, William G. Hussmann

Coach, Inc. et al v. TJ’s Handbags

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Scottsburg, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Related case: Coach Inc. v. Tom’s Treasure Chest

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 4:10-cv-00111-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: TJ’s Handbags & More, Teresa A. Jewell
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.

View this document on Scribd

Indiana Trademark Litigation Update – Coach, Inc. v. Designer Fragrance

27 Monday Sep 2010

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

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Common Law Trademark Infringement, False Designation of Origin and False Advertising, Tanya Walton Pratt, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement, Unfair Competition, William G. Hussmann

Coach, Inc. et al v. Designer Fragrance & Gifts et al

Coach makes handbags, wallets, etc. . Defendant is accused of selling knockoffs from a retail store in Jeffersonville, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Leave a comment for a full copy of the complaint.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00112-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Designer Fragrance & Gifts, Loretta M. Beckner
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr

View this document on Scribd

Indiana Trademark Litigation Update – JB Custom Inc. v. Amadeo Rossi SA et al

26 Sunday Sep 2010

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

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Breach of Contract, False Advertising, False Designation of Origin, Litigation Update, Passing Off, Philip P. Simon, Roger B. Cosbey, Unfair Competition

JB Custom Inc. v. Amadeo Rossi SA et al

Plaintiff is a custom firearms manufacturer. Defendants allegedly sells firearms similar to those of Plaintiff in violation of trademark laws and in breach of an Exclusivity Agreement.

For more, see the Fort Wayne Journal Gazette.

Court Case Number: 1:10-cv-00326-PPS -RBC
File Date: Monday, September 20, 2010
Plaintiff: JB Custom Inc.
Plaintiff Counsel: Jeremy N. Gayed of Barrett & McNagny LLP
Defendants: Amadeo Rossi SA, Forjas Taurus SA, Taurus International Manufacturing Inc., Braztech International LC
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin, Passing Off, False Advertising, Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Protecting your Website’s “Look and Feel”

15 Wednesday Sep 2010

Posted by Kenan Farrell in Bloggers, Copyright, Intellectual Property, Social Media, Tech Developments, Trademark, What I'm Reading

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There’s a nice analysis in the New York Law Journal about intellectual property protection of the “look and feel” of a website:

Protectable trade dress under the Lanham Act can include a wide range of product design and packaging features: the color and shape of pill capsules; the look of a greeting card line; the layout of magazine covers and briefcases; commercial kiosk designs; sales techniques; the distinctive decor of a restaurant; and the colorful, tropical depictions on liquor bottles. Separate from a trademark, trade dress involves the total image of a product and the overall impression created that allows consumers to distinguish among competing producers.

In recent years, a growing debate has emerged over whether the overall “look and feel” of a website can be protected. To be sure, online content, videos, and other media are copyrightable, but the law remains unsettled when it comes to using trademark law to protect a site’s distinctive interface and design elements.

This article discusses trade dress generally, the issue of copyright preemption, and recent decisions that have wrestled with the issue of website trade dress infringement.

Click here for the article.

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