Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

Tags

Breach of Contract, Common Law Trademark Infringement, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Jr., Michael G. Gotsch, Robert L. Miller, Sr., Texas Unfair Competition

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:

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“Franchise Conversion Scheme” alleged against Community Newsletter publisher

11 Thursday May 2017

Posted by Kenan Farrell in Intellectual Property

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Accounting, Actual or Constructive Fraud, Breach of Contract, Breach of Fiduciary Duties, Common Law Trademark Infringement, Copyright Infringement, Declaratory Judgment, Defamation, Denise K. LaRue, Federal Trademark Infringement, Franchise Fraud, Indiana Crime Victims' Act, Indiana Trademark Infringement, Individual Liability, Larry J. McKinney, Permanent Injunction, Preliminary Injunction, Stored Communications Act, Tortious Interference, Unfair Competition

This lengthy complaint, with 17 (!) causes of action, details an alleged “Franchise Conversion Scheme” by the Defendants. The case was initially filed in Johnson County Superior Court but has been removed to the Southern District of Indiana.

Chilly Panda, LLC v. Britt Interactive LLC et al.

Court Case Number: 1:17-cv-01544-LJM-DKL
File Date: Wednesday, May 10, 2017
Plaintiff: Chilly Panda Media, LLC
Plaintiff Counsel: Matthew M. Cree of Law Office of Matthew M. Cree, LLC, P. Adam Davis of Davis and Sarbinoff, LLC
Defendant: Britt Interactive, LLC, Townepost Network, Inc., Tom Britt, Jeanne Britt, Josh F. Brown
Cause: Federal Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Contract, Tortious Interference, Breach of Fiduciary Duties, Defamation, Franchise Fraud, Actual or Constructive Fraud, Stored Communications Act, Accounting, Individual Liability, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

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Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

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

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Breach of Contract, Copyright Infringement, Inducing Copyright Infringement, John E. Martin, Joseph S. Van Bokkelen, Unfair Competition, Unjust Enrichment, Violations of DMCA

Pursuant to an agreement, Plaintiff created and applied artwork to a limited number of Defendant’s boats.

Defendant is alleged to have continued selling boats with substantially similar artwork outside the terms of the original license.

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Court Case Number: 3:16-cv-00595-JVB-JEM
File Date: Tuesday, September 6, 2016
Plaintiff: The Art Of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Pontoon Boat, LLC d/b/a Bennington and Bennington Marine, Hawkeye Boat Sales
Cause: Breach of Contract, Unjust Enrichment, Copyright Infringement, Unfair Competition, Inducing Copyright Infringement, Violations of DMCA
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

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Exhibit A:

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Piston Ring Manufacturers Litigate Alleged Violation of Nondisclosure Agreement

05 Tuesday Jan 2016

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

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Breach of Contract, Debra McVicker Lynch, Declaratory Judgment, Injunctive Relief, Litigation Update, Sarah Evans Barker

Precision Rings, Inc. v. Wrightspeed, Inc.

Court Case Number:1:15-cv-01957-SEB-DML
File Date: Friday, December 11, 2015
Plaintiff: Precision Rings, Inc.
Plaintiff Counsel: George A. Gasper, Mark R. Alson of Ice Miller LLP
Defendant: Wrightspeed, Inc.
Cause: Declaratory Judgment, Injunctive Relief, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Complaint:

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Defendant’s Brief in Support of Rule 12(b)(6) Motion to Dismiss:

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Indiana Trademark Litigation Update – Wheaton Van Lines v. Faulk-Collier Moving & Storage

09 Thursday Apr 2015

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

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Account Stated, Breach of Contract, Debra McVicker Lynch, Federal Unfair Competition, Litigation Update, State Unfair Competition, Tanya Walton Pratt, Trademark Dilution, Trademark Infringement

Per the Complaint:

Plaintiff, an Indiana company, entered into an agency agreement with Defendant, a Louisiana company, in March 2014. In May 2014, Defendant signed a promissory note for over $32,000, including numerous vans and trailers as collateral. The agency agreement was then terminated in October 2014. Plaintiff sent Defendant multiple letters regarding amounts owed (over $73,000) and cessation of trademark usage. Now, Plaintiff alleges that Defendant continues to advertise services under Plaintiff’s name and operated numerous pieces of equipment in interstate commerce which impermissibly bore the trademark owned by Plaintiff.

Wheaton Van Lines Inc. et al v. Faulk-Collier Moving & Storage LLC et al

Court Case Number: 1:15-cv-00556-TWP-DML
File Date: Wednesday, April 08, 2015
Plaintiff: Wheaton Van Lines Inc., Bekins Van Lines Inc.
Plaintiff Counsel: S. Andrew Burns of Cox Sargeant & Burns PC
Defendant: Faulk-Collier Moving & Storage LLC, David Vaughn
Cause: Breach of Contract, Account Stated, Trademark Infringement, Federal and State Unfair Competition/Trademark Dilution
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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Exhibit A: Agency Agreement

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Exhibit B: Promissory Note

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Exhibits C & D: Termination of Agreement

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Indiana Intellectual Property Blog

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Tag Archives: Breach of Contract

Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

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

“Franchise Conversion Scheme” alleged against Community Newsletter publisher

Chilly Panda, LLC v. Britt Interactive LLC et al.

Artist sues Boat Dealer over Breach of License

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Piston Ring Manufacturers Litigate Alleged Violation of Nondisclosure Agreement

Precision Rings, Inc. v. Wrightspeed, Inc.

Indiana Trademark Litigation Update – Wheaton Van Lines v. Faulk-Collier Moving & Storage

Wheaton Van Lines Inc. et al v. Faulk-Collier Moving & Storage LLC et al