Indy’s COMFORT STAY INN sued for trademark infringement by owner of COMFORT INN

17 Monday Jul 2017

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

≈ Leave a comment

Tags

, , , , ,

The Plaintiff in this trademark lawsuit is one of the largest lodging franchisors in the world. Among its many well-known brands are COMFORT INN and COMFORT SUITES. Plaintiff has used its family of COMFORT trademark since at least 1984.

Defendant operates a hotel in Indianapolis, Indiana under the name “Comfort Stay Inn.” Defendant’s utilizes the domain name comfortstayinn.com.

Cease-and-desist coomunications from Plaintiff’s attorney were unsuccessful, hence this lawsuit. Plaintiff asserts that Defendant’s hotel name is confusingly similar and has irreparably damaged the value of the COMFORT family of marks.

Choice Hotels International, Inc. v. American Hospitality Solution, LLC

Court Case Number: 1:17-cv-02402-TWP-DML
File Date: Friday, July 14, 2017
Plaintiff: Choice Hotels International, Inc.
Plaintiff Counsel: Calvert S. Miller of Carson Boxberger LLP
Defendant: American Hospitality Solution, LLC
Cause: Federal Trademark Infringement, False Designation of Origin, Indiana Trademark Infringement, Indiana Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

adidas sued for violating Jackie Robinson’s right of publicity

13 Thursday Jul 2017

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana

≈ Leave a comment

Tags

, , , , , , ,

This lawsuit involves adidas’ alleged infringement of the right of publicity of deceased baseball player Jackie Robinson.

The plaintiff, CMG Worldwide Inc., headquartered in Indianapolis, Indiana, is the exclusive worldwide agent and representative for the estate of Jackie Robinson.

adidas allegedly, without authorization from Plaintiff, created and promoted merchandise based on the 70th anniversary of Jackie Robinson’s first appearance as a Brooklyn Dodger. The products were promoted heavily by adidas and sponsored athletes on April 15, 2017…”Jackie Robinson Day.”

Plaintiff asks for an injunction against further sales, recovery for damages suffered, disgorgment of all of adidas’ profits and attorneys’ fees and costs, so there’s a lot on the line for adidas. Stay tuned for updates.

CMG Worldwide, Inc. v. adidas AG et al.

Court Case Number: 1:17-cv-02356-TWP-DWL
File Date: Tuesday, July 11, 2017
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: adidas AG, adidas America, Inc.,  Does 1-10
Cause: False Endorsement, Unfair Competition, Violation of Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Deception
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

 

Harry’s Chocolate Shop sues University Spirit over unauthorized apparel sales

10 Monday Jul 2017

Posted by in Indiana, Intellectual Property, Northern District of Indiana, Trademark

≈ Leave a comment

Tags

, , , , ,

Harry’s Chocolate Shop was founded in 1919 as the first and only soda fountain near Purdue University. Today it is a popular restaurant/bar, voted one of the best college bars in America.

Harry’s owns the following registered trademarks: GO UGLY EARLY, DRINK ‘EM PRETTY, DRINK ‘EM CUTE, and HOME OF “THE GREAT INDOORSMAN”.

Defendants operate a nearby retail store named University Spirit. The parties previously had a non-exclusive (oral) license agreement for University Spirit to produce and sell apparel bearing Harry’s trademarks. In 2012, the Defendants stopped making royalty payments and Harry’s brings this action seeking payment of royalties owed and an injunction against further sales.

Harry’s Chocolate Shop Incorporated v. Goldden Corporation et al

Court Case Number: 4:17-cv-000570-JVB-APR
File Date: July 6, 2017
Plaintiff: Harry’s Chocolate Shop Incorporated
Plaintiff Counsel: William A. McKenna of Woodard, Emhardt, Moriarty, McNett & Henry LLP
Defendant: Goldden Corporation, Gary E. Edmondson
Cause: Breach of Contract, Trademark Infringement and Counterfeiting, False and Deceptive Labeling, Unfair Competition
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint:

Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

≈ Leave a comment

Tags

, , , , , , , , ,

Plaintiff is an RV manufacturer based in Middlebury, Indiana. Defendants are accused of “flagrantly” using Plaintiff’s ENTEGRA COACH registered trademark in Texas. The Complaint (below) details a scheme by which an unauthorized dealer was surreptitiously arranging for sales of Plaintiff’s motorhomes. Plaintiff brought this lawsuit seeking an injunction against further sales to protect the contracted rights of its authorized dealers.

Jayco, Inc.v. National Indoor RV Centers, LLC

Court Case Number: 3:17-cv-00458-RLM-MGG
File Date: Tuesday, June 13, 2017
Plaintiff: Jayco, Inc.
Plaintiff Counsel: Louis S. Chronowski of Seyfarth Shaw LLP
Defendant: National Indoor RV Centers, LLC
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Common Law Trademark Infringement, Texas Unfair Competition, Breach of Contract
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint:

Two Indiana firework companies in dispute over BLACK WIDOW trademark

16 Friday Jun 2017

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

≈ Leave a comment

Tags

, , , ,

This lawsuit involves a dispute over the use of the BLACK WIDOW trademark in connection with fireworks. The Plaintiff, based in Evansville, Indiana, owns a federal registration and has used their BLACK WIDOW trademark since as early as March 12, 2013.

The Defendants, from Washburn, Indiana, have allegedly begun selling similar products also under a BLACK WIDOW trademark.

Cease-and-desist communications from Plaintiff to Defendant were not successful, hence this lawsuit. Stay tuned for updates.

The Really Good Stuff, Inc. v. Sky Thunder, LLC et al.

Court Case Number: 3:2017-cv-00096-RLY-MPB
File Date: Tuesday, June 13, 2017
Plaintiff: The Really Good Stuff, Inc.
Plaintiff Counsel: Rowdy G. Williams of Rowdy G. Williams Law Firm, PC
Defendant: Sky Thunder, LLC, Michael A. Kimberling
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: