Tags
Breach of Contract, Conversion, Copyright Infringement, Declaratory Relief, Litigation Update, Misappropriation of Trade Secrets, Richard L. Young, Tim A. Baker, Unfair Competition
Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al
Conventions don’t just bring tourists. They bring lawsuits too!
Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.
Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.
The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.
There should be some fairly quick updates in this case so check back soon.
Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker
COMPLAINT:
MOTION FOR PRELIMINARY INJUNCTION:
BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:
Noble Roman’s has filed yet another trademark lawsuit (the 18th since 2007) to enforce the terms of an expired franchise agreement. The Indiana-based pizza chain alleges that the South Carolina-based gas station chain formerly operated seven Noble Roman’s franchise locations and continued to use Noble Roman’s trade dress after the franchise agreements terminated.
Indiana Intellectual Property Blog 