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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Anticybersquatting Consumer Protection Act

VROOM Online Car Dealer Sues Indianapolis-based VROOOMSACE Dealership for Trademark Infringement

26 Friday Mar 2021

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

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Tags

Anticybersquatting Consumer Protection Act, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Tanya Walton Pratt, Tim A. Baker

The Plaintiff in this trademark lawsuit, Vroom, is an online nationwide used car retailer based in New York, New York. own 8 U.S. trademark registrations for VROOM and the Vroom Logo, using the marks since at least 2014. The Plaintiff’s domain name is http://www.vroom.com.

The Defendants operate Vrooomsace, a used car retailer located in Indianapolis, Indiana. The Defendants’ use the domain name vrooomcars.com.

Asserting a likelihood of confusion, Plaintiff’s counsel first attempted to contact the Defendants on December 30, 2020, but apparently has received the runaround ever since, never receiving a substantive response from Defendants.

Their patience apparently has run out, resulting in this lawsuit. We’ll see whether Plaintiff finally gets a response. Unfortunately, often it takes a filed complaint for the opposing party to take a matter seriously. If not, this lawsuit could wind up with a default judgment.

Stay tuned for updates.

Vroom, Inc. v. Midwest Motors LLC et al.

Court Case Number: 1:21-cv-00715-TWP-TAB
File Date: March 24, 2021
Plaintiff: Vroom, Inc.
Plaintiff Counsel: David A.W. Wong, Caitlin R. Byczki, Kathleen S. Fennessy of Barnes & Thornburg LLP
Defendant: Midwest Motors LLC dba Vrooomsace Car Selection, Khaled Alragwi
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement, Anticybersquatting Consumer Protection Act
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

View this document on Scribd

North American Van Lines sues North America Moving & Storage for trademark infringement, cybersquatting

28 Thursday Jun 2018

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

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Tags

Anticybersquatting Consumer Protection Act, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, State Trademark Infringement, Susan L. Collins, Theresa L. Springmann

The Plaintiff, North American Van Lines, has been providing transportation services since 1969. The Defendant, North America Moving & Storage, is accused of using a similar company name and domain names to infringe Plaintiff’s trademarks.

The Complaint (below) alleges instances of actual confusion.

Stay tuned for updates.

North American Van Lines, Inc. v. North America Moving & Storage, Inc.

Court Case Number: 1-18-cv-00196-TLS-SLC
File Date: Tuesday, June 26, 2018
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Mary A. Smigielski of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Moving & Storage, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Indiana Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint:

View this document on Scribd

North American Van Lines sues North America Prime, trucking competitor started by a former officer

26 Wednesday Jul 2017

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

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Tags

Anticybersquatting Consumer Protection Act, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Paul R. Cherry, Theresa L. Springmann

The Plaintiff, North American Van Lines, has been providing transportation services since 1969. A former officer of Plaintiff started a competing transportation company called North America Prime Lines. Numerous cease-and-desist communications were sent but the parties weren’t able to resolve their differences.

However, there are numerous negative instances of consumer confusion (a few samples below) so this situation definitely requires resolution.

North America Van Lines, Inc. v. North America Prime Inc. et al.

Court Case Number: 1:17-cv-00298-TLS-PRC
File Date: Friday, July 14. 2017
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Siobhán M. Murphy of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Prime Inc., Ean Manning
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

View this document on Scribd

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