Indiana Trademark Litigation Update – Williams Industries v. Tervis Tumbler

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Williams Industries, Inc. v. Tervis Tumbler Company

Plaintiff, Williams Industries, is based out of Shelbyville, IN and designs/manufactures a variety of products including plastic drink tumblers.  Among their products are the 12 oz. and 14oz. Tritan™ double wall tumblers.  Plaintiff has an ongoing business relationship with Hit Promotional Products, a seller of many products, including the Tritan™ tumblers.  Defendant, Tervis owns two copyrights regarding design and style of plastic drink tumblers.  Tervis sent a cease and desist letter, claiming Hit “deceived and misled customer who pay for

[its] products into believing that such products are those of Tervis… [t]his attempt to profit off of Tervis’ goodwill is a violation of state and Federal trademark and unfair competition laws.” In response, Hit removed the Tritan™ tumblers from their website.  Plaintiff is requesting the cancellation of Tervis‘ trademarks due to genericness, unenforceability, and fraudulent procurement; as well as compensation for damages resulting from the alleged tortious interference.

Court Case Number: 1:11-cv-00860-SEB-DML
File Date: Monday, June 27, 2011
Plaintiff: Williams Industries, Inc.
Plaintiff Counsel: Dwight D. Lueck, Jennifer Lynn Schuster of Barnes & Thornburg LLP
Defendant: Tervis Tumbler Company
Cause: Tortious Interference with Business Relationships, Cancellation of the ‘577 Mark for Fraudulent Procurement of Trademark Registration, Cancellation of the ‘577 Mark for Genericness, Request for Declaratory Judgment of Unenforceability of the ‘577 Mark, Request for Declaratory Judgment of Non-Infringement of the ‘871 Mark, Request for Declaratory Judgement of Unenforceability of Tervis’s Alleged Trade Dress, Common Law Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Coach v. Diva’s House of Style

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Coach v. Diva’s House of Style

Court Case Number: 3:11-cv-00253-JD -CAN
File Date: Thursday, June 16, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diva’s House of Style, Elizabeth Bond
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, Forgery, Counterfeiting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

Indiana Trademark Litigation Update – Coach v. Lyn-Maree’s

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Coach Inc et al v. Lyn-Maree’s LLC et al

Court Case Number: 1:11-cv-00207-TLS -RBC
File Date: Wednesday, June 15, 2011
Plaintiff: Coach Inc, Coach Services Inc
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Lyn-Maree’s LLC, Emma Taylor, Lynn Siples
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, Forgery, Counterfeiting
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Roger B Cosbey

Indiana Copyright Litigation Update – Boy Racer v. Does 1-23

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Boy Racer, Inc. v. Does 1-23

Raphael Whitford of Steele Hanselmeier is filing this complaint on behalf of adult film company, Boy Racer, Inc.  The defendants are alleged to have downloaded and shared the film L.A. Pink via the 
bittorrent file sharing method.  Defendants are listed as John Does as they are currently only known by their IP address.  These types of suits are becoming common as lawyers begin to troll peer-to-peer file services, collecting IP addresses.  These suits are filed (and often dismissed) so the lawyers can send out hundreds or thousands of settlement letters like this one.  More information on this type of lawsuit can be found here.  Whitford filed an identical complaint (with only a change of plaintiff and defendant IP addresses) on the same day for another adult film company.

Court Case Number: 4:11-cv-00070-SEB-WGH
File Date: Tuesday, June 14, 2011
Plaintiff: Boy Racer, Inc.
Plaintiff Counsel: Raphael J. Whitford of Steele Hanselmeier PLLC
Defendant: Does 1-23
Cause: Copyright Infringement, Civil Conspiracy
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Copyright Litigation Update – First Time Videos v. DOES 1-18

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First Time Videos, LLC v. John Does 1-18

Court Case Number: 4:11-cv-00069-SEB-TAB
File Date: Tuesday, June 14, 2011
Plaintiff: First Time Videos, LLC
Plaintiff Counsel: Raphael J. Whitford of Steele Hanselmeier PLLC
Defendant: DOES 1-18
Cause: Copyright Infringement, Civil Conspiracy
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker