Fort Wayne Company sued for sale of Unauthorized Animal Health Supplements on Amazon

09 Friday Feb 2024

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

Tags

Amazon, Damon R. Leichty, Federal False Description, Federal False Designation of Origin, Federal Trademark Infringement, Michael G. Gotsch

Nutramax Laboratories (“Nutramax”), the plaintiff in Indiana’s latest trademark lawsuit, produces health supplements for companion animals. Nutramax distributes its products through multiple trade channels, including through resellers that only have an online sales outlet. Nutramax’s resellers are required to sign an Authorized Reseller Agreement which includes requirements around product quality and customer service.

The defendants, a Fort Wayne company, are allegedly unauthorized resellers that are selling Nutramax products on the Amazon Marketplace. The defendants have not signed the Authorized Reseller Agreement.

Nutramax’s counsel sent cease-and-desist communications in October 2023 and January 2024, but apparently have not received a response and the unauthorized Amazon sales have continued. As such, Nutramax now seeks the assistance of the Northern District of Indiana to enforce its trademark rights.

Stay tuned for updates.

Nutramax Laboratories, Inc. et al. v. CNB Retailers, LLC et al.

Court Case Number: 3:24-cv-00129-DRL-MGG
File Date: February 8, 2024
Plaintiff: Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences Inc.
Plaintiff Counsel: Mark D. Boveri of Krieg Default LLP
Defendant: CNB Retailers, LLC d/b/a Amazon Seller Account “UniversalExports”; Brett Hart; Christina Miller
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Description, Indiana Common Law Tortious Interference with a Contract
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

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Two Chinese Corporations fight in Indiana Federal Court over Diamond Wall Panels

10 Wednesday Jan 2024

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

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Amazon, Copyright Infringement, Richard L. Young, Tim A. Baker

Happy New Year! Here’s a bit of an oddball case to kick off Indiana intellectual property litigation in 2024. Both parties in this copyright lawsuit are Chinese corporations, but the defendant apparently does business in Indiana. The defendant is alleged to have infringed the plaintiff’s copyright in a “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements. The defendant’s sales of the allegedly infringing wall panels took place on Amazon.com.

The Complaint is relatively short, just 4 pages, and has no specifically defined cause, although it seems to be for copyright infringement. We’ll be interested to learn more about the defendant’s relationship with Indiana as the lawsuit progresses. Presumably either the infringing wall panels are manufactured in Indiana or are distributed by Amazon from Indiana.

Here is the plaintiff’s wall panel design:

And here is the defendant’s design:

What do you think? Are the designs substantially similar?

Stay tuned for updates.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd.

Court Case Number: 1:24-cv-00041-RLY-TAB
File Date: January 8, 2024
Plaintiff: Guangzhou Shima Decoration Materials Co., Ltd
Plaintiff Counsel: Michael A. Swift, Harold C. Moore, Travis W. Baxter of Maginot, Moore & Beck, LLP
Defendant: Shenzhen Ruimingxiang Technology Co., Ltd.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Tim A. Baker

Complaint:

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Indiana Copyright Litigation Update – Sissom v. Snow

01 Saturday Jun 2013

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

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Amazon, Copyright Infringement, Defamation, Intentional Infliction of Emotional Distress, Litigation Update, Penguin, Tim A. Baker, William T. Lawrence

Carol L. Sissom v. Robert L. Snow et al

Court Case Number: 1:13-cv-00882-WTL-TAB
File Date: Thursday, May 30, 2013
Plaintiff: Carol L. Sissom
Plaintiff Counsel: Maria Matters of Maria Matters at Law
Defendant: Robert L. Snow, Berkley Publishing Group, Penguin Group (USA) Inc., Barnes and Nobel Booksellers, Inc., Amazon, Inc.
Cause: Copyright Infringement, Intentional Infliction of Emotional Distress, Defamation
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker