Tags
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
Exhibit A: Agency Agreement
Exhibit B: Promissory Note
Exhibits C & D: Termination of Agreement
Indiana Intellectual Property Blog 