Three Floyds Brewing sues Floyd’s Spiked Beverages for Trademark Infringement

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Three Floyds Brewing is one of Indiana’s longest operating breweries, selling nationally-recognized delicious beers under the trademark THREE FLOYDS since 1996.

In 2018, the defendant Floyd’s Spiked Beverages began selling Spiked Lemonade and Spiked Ice Tea under the FLOYD’S trademark. The Defendants’ apparently lower quality beverages are sold within 20 miles of the Three Floyds brewery in Munster, Indiana. The Defendants also sell their product via a website at DrinkFloyds.com.

Three Floyds is already opposing one of Floyd’s trademark applications that claims “Alcoholic beverages, except beer.” The USPTO has refused Floyd’s other trademark application for “Beer-based coolers” based on a likelihood of confusion with Three Floyds’ registered trademarks.

The Complaint (below) spotlights several poor consumer reviews of the Defendants’ spiked beverages, but doesn’t mention any instances of actual consumer confusion.

Stay tuned for updates.

Three Floyds Brewing LLC v. Floyd’s Spiked Beverages LLC et al.

Court Case Number:  2:19-cv-00363
File Date: Wednesday, September 25, 2019
Plaintiff: Three Floyds Brewing LLC
Plaintiff Counsel: Glenn A. Rice, Esq., Carter S. Plotkin, Esq. of Funkhouser Vegosen Liebman & Dunn Ltd.
Defendant: Floyd’s Spiked Beverages LLC, Lawrence Trachtenbroit
Cause
: Federal Trademark Infringement, Federal False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: TBD

Complaint: 

Copyright Lawsuit filed over Boat Graphics

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In this copyright lawsuit from the Northern District of Indiana, a custom airbrushing company is suing a graphic design company for unauthorized use of two designs.

The Plaintiff’s designs are applied to boats, recreational  vehicles, airplanes, automobiles, and helicopters.

Defendant is alleged to have applied the infringing designs on boats and motors for sale to a customer.

The Art of Design, Inc. v. Sharpline Converting, Inc.

Court Case Number: 3:19-cv-00702-JD-MGG
File Date: Friday, August 30, 2019
Plaintiff: The Art of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of SouthBank Legal: LaDue | Curran | Kuehn
Defendant: Sharpline Converting, Inc.
Cause
: Copyright Infringement, Inducing Copyright Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint:

Fan Company sues Unauthorized Online Dealer for Trademark Infringement

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The Plaintiff, a fan company based in Zionsville, Indiana, sells its electric fans to consumers via its website, showrooms or through authorized dealers.

The Defendant is alleged to be offering unauthorized sales of Plaintiff’s fans at the website http://www.lightingmerchant.com. Importantly for consumers, electric fans sold by Defendant are not covered by Plaintiff’s warranty.

The Complaint (below) alleges that the Defendant purchases the products from one or more authorized dealers and then sells the products to retail customers. The identity of the authorized dealers is not revealed in the Complaint.

Fanimation, Inc. v. Decor Selections, LLC

Court Case Number: 1:19-cv-03648-JPH-MJD
File Date: Tuesday, August 27, 2019
Plaintiff: Fanimation, Inc.
Plaintiff Counsel: Harold C. Moore, Michael A. Swift of Maginot, Moore & Beck, LLP
Defendant: Decor Selections, LLC d/b/a Lighting Merchant
Cause
: Declaratory Judgment, Injunctive Relief, Trademark Infringement, False Designation of Origin, Dilution, Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mark J. Dinsmore

Complaint:

Copyright Infringement Lawsuit filed over Church Hymn

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In this copyright lawsuit, the Defendant’s musical composition “Christ Be Our King” is alleged to infringe Plaintiff’s musical composition “Emmanuel.”

Take a look at the musical notation and compare the two works for yourself:

Screen Shot 2019-09-03 at 11.21.08 AM.png

The Complaint (below) details the elements of the two compositions that the Plaintiff considers “strikingly similar”:

  1. The first eight notes of “Christ Be Our Light” are precisely the same as in “Emmanuel:” the same notes, the same key, and the same time signature.
  2. “Christ Be Our Light” omitted the ninth note that was present in “Emmanuel” but ended the phrase on exactly the same tenth note from “Emmanuel.”
  3. The second phrase of notes in “Christ Be Our Light” is again almost identical to the second phrase of “Emmanuel.”
  4. The third phrase of “Christ Be Our Light” with its climbing melody is remarkably similar to the third phrase of “Emmanuel.”

What do you think? Copyright infringement?

This is an interesting case…stay tuned for updates.

Ambrosetti v. Oregon Catholic Press et al.

Court Case Number: 3:19-cv-00682-JD-MGG
File Date: Tuesday, August 27, 2019
Plaintiff: Vincent A. Ambrosetti, The King’s Minstrels Charitable Trust aka International Liturgy Publications
Plaintiff Counsel: Donald J. Schmid
Defendant: Oregon Catholic Press, Bernadette Farrell
Cause
: Copyright Infringement
Court: Southern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint:

 

Atlas Van Lines sues Atlas Moving and Storage for Trademark Infringement, Unfair Competition

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The Plaintiffs in this trademark lawsuit have been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries. Atlas Van Lines is based in Evansville, Indiana.

The Defendant is alleged to have offered its services to the public under the fictitious business name “Atlas Moving and Storage” rather of its corporate name, American Wide Relocation Inc, constituting trademark infringement and unfair competition.

A Motion for Preliminary Injunction has also been filed so stay tuned for updates.

AWGI, LLC et al v. American Wide Relocation Inc

Court Case Number: 3:19-cv-00173-RLY-MPB
File Date: Friday, August 16, 2019
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha of Widerman Malek, PL
Defendant: American Wide Relocation Inc. d/b/a Atlas Moving and Storage
Cause
: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: