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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Andrew P. Rodovich

National Wrestling Alliance sues wrestler claiming to be “The Real NWA World’s Heavyweight Champion”

22 Tuesday May 2018

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

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Andrew P. Rodovich, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Joseph S. Van Bokkelen

The Plaintiff in this action is the owner of the National Wrestling Alliance (“NWA”) brand. The NWA is a promotional and sanctioning body that licenses promoters and promotions around the world to conduct NWA professional wrestling events.

The Defendant, a professional wrestler residing in Indiana, has apparently been going around claiming to be “The Real NWA World’s Heavyweight Champion” and “The People’s NWA World’s Heavyweight Champion.”

Unable to convince the wrestler that he was not the “real” champ with cease-and-desist communications, Plaintiff now seeks the Court’s intervention. Stay tuned for updates.

Lightning One, Inc. v. Harmon

Court Case Number: 2:18-cv-00193-JVB-APR
File Date: Wednesday, May 16, 2018
Plaintiff: Lightning One, Inc.
Plaintiff Counsel: Michael V. Knight, Caitlin R. Byczko of Barnes & Thornburg LLP
Defendant: Nicholas P. Harmon
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint:

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STOP THE DROP: Cell Phone Case vs. Seat Gap Filler…are you confused?

09 Wednesday Aug 2017

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

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Andrew P. Rodovich, Declaratory Judgement of Trademark Non-Infringement, Declaratory Judgment of Copyright Non-Infringement, Joseph S. Van Bokkelen

This a declaratory judgment action for both non-infringement of trademark and copyright. The declaratory judgment Plaintiff is Loopy, which sells cell phone cases that include a finger grip on the back of the case.  Loopy uses the trademark STOPTHEDROP in association with its cell phone cases, which you can see have a finger loop to prevent drops.

The Defendant, Drop Stop LLC of Los Angeles, California (as seen on Shark Tank), has a U.S. trademark registration for STOP THE DROP in connection with “IC 12 – Automobile interior accessory, namely, durable and flexible wedge, which can be expanded or contracted, to fill gap between front seat and center console of an automobile preventing objects from dropping into gap.” In other words, a seat gap filler.

Drop Stop sent a trademark cease-and-desist letter demanding that Loopy stop all use of STOPTHEDROP. Instead, Loopy has filed the action in the Northern District of Indiana for a declaratory judgment of non-infringement of Drop Stop’s trademark and copyrights. Stay tuned for updates.

While researching, I spotted a few other interesting uses of STOP THE DROP in the USPTO database:

Loopy Cases LLC v. Drop Stop, LLC

Court Case Number: 2:17-cv-00331-JVB-APR
File Date: Friday, August 4, 2017
Plaintiff: Loopy Cases LLC, John Wangercyn
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Drop Stop, LLC
Cause: Declaratory Judgement of Trademark Non-Infringement, Declaratory Judgment of Copyright Non-Infringement
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint: 

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

10 Monday Jul 2017

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

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Andrew P. Rodovich, Breach of Contract, False and Deceptive Labeling, Joseph S. Van Bokkelen, Trademark Infringement and Counterfeiting, Unfair Competition

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:

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Indiana Trademark Litigation Update – Indiana Botanic Gardens v. Vitalmax Vitamins

21 Monday Dec 2015

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

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Andrew P. Rodovich, Federal Trademark Infringement, Federal Unfair Competition, Joseph S. Van Bokkelen, Litigation Update

This trademark dispute involves the ACCU HEAR and ACCU-HEAR trademarks, both used in connection with nutritional supplements.

Screenshot from Complaint

Indiana Botanic Gardens, Inc. v. Almark Products, Inc d/b/a Vitalmax Vitamins

Court Case Number: 2:15-cv-00457-JVB-APR
File Date: Friday, December 18, 2015
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Almark Products, Inc d/b/a Vitalmax Vitamins
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Andrew P. Rodovich

Complaint:

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Indiana Trademark Litigation Update – Robert Payne v. Northern Tool & Equipment Company

28 Thursday Mar 2013

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

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Tags

Andrew P. Rodovich, Breach of Contract, False Advertising, False Description of Origin, Injunction, Jon E. DeGuilio, Litigation Update, Palming Off, Trademark Infringement, Unfair Competition

Robert Payne v. Northern Tool & Equipment Company Inc. et al

Court Case Number: 2:13-cv-00109-JD-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R. Hall of Law Office of Edward Hall
Defendant: Northern Tool & Equipment Company Inc., Northern Tool & Equipment Catalog Company
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Breach of Contract; Injunction
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Andrew P Rodovich

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