Indianapolis — Texas-based Situs Inc. has filed a federal lawsuit in Indianapolis claiming Situs Realty in Greenwood is infringing on the name the two real estate companies share. Talks have failed to find a settlement to their joint claims to the name.

The Houston-based company claims to have used the Situs name for 25 years.

However, Keith Stark, president of the Greenwood company, said he applied for and received a federal trademark on the Situs name in 2007 and that the Texas company failed to object at that time.

Situs trademark abstract:

More to come.

Source: Indy Star

Vision Center Northwest, Inc. v. Vision Value
No: 3:07-CV-183 RM (November 3, 2009)
U.S. District Court, N.D. of Indiana
Before: Miller

TRADEMARK; ABANDONMENT (Where a trademark owner’s only use of a mark for ten years was in a white pages listing, that mark is deemed abandoned.)

Opinion (Miller): Plaintiff operated a vision business under the name Value Visions by Dr. Tavel, until 1996, when plaintiff changed its name to Dr. Tavel. Defendant changed its name to Vision Value in 2007, and Plaintiff promptly sued for trademark infringement. The parties both moved for summary judgment. Defendant contended that Plaintiff abandoned the Value Visions mark as a result of more than ten years of nonuse. Plaintiff contended that it used the mark in the white pages during the entire ten year period. The court held that Plaintiff’s white pages listing was not bona fide use, and that Plaintiff brought forth no other evidence to show use or intent to use. Accordingly, the court held that Plaintiff had abandoned the mark and granted summary judgment for Defendant.

Source: Willamette Law Online [Summarized by Anthony Halderman]

For full opinion:
2009 U.S.Dist.LEXIS 103680
2009 WL 3669647

Source: Tom Spalding of Indy Star

The maker of Peeps — those marshmallow candies that are shaped into chicks, bunnies, and other animals — has filed a lawsuit in Indianapolis, accusing a card company of trademark infringement.

Just Born, a candy manufacturer based in Bethlehem, Pa., claims in a federal court filing that American Greetings Corp.’s recycled paper greetings unit used the likeness without authorization.
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Peeps were introduced nationally in 1958, the company says on its Web site, and are an Easter addiction for many candy lovers because of the sugar-coated yellow chicks.

The company says Peeps are the No. 1-selling non-chocolate candy.

One card introduced as evidence features two live chicks staring at what looks like a peep. “She’s had waaaay too much Botox,” one of the chicks jokes.

“Happy Easter,” says a copy of another card contained in the lawsuit, “From me and my peeps.”

“Defendant has not received permission from JBI, or anyone acting on JBI’s behalf, to manufacture, produce, advertise or sell any item bearing the PEEPS trademarks or trade dress,” the suit reads.

The lawsuit was originally filed in Hamilton Superior Court but was moved to U.S. District Court.