Breach of Fiduciary Duty, Common Law Trade Dress Infringement, Conversion, Criminal Conversion, Damon R. Leichty, Federal Unfair Competition, Michael G. Gotsch, Theft, Trade Dress Dilution
The plaintiff in this lawsuit is Phoenix USA RV, an RV manufacturer located in Elkhart, Indiana, the RV Capital of the World.
The defendants are a large group of former Phoenix USA employees and the competitor company they founded while still working at Phoenix USA. The defendants are accused of sabotaging the plaintiff’s operations, stealings its tangible and intellectual property, and using a stolen RV design to build a prototype for a virtually identical RV. The allegedly infringing RV is now being marketed online and at RV trade shows.
The defendants are represented by Jonathan R. Slabaugh of Sanders Pianowski LLP. Based on the history detailed in the Complaint (below), we can probably expect some fireworks once everything gets going. Employment disputes involving just one employee can get messy, but this situation involves a whole company’s worth of ex-employees plus their new competing company.
This lawsuit was removed from Elkhart Superior Court to the Northern District of Indiana. Stay tuned for updates.
Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al.
Court Case Number: 3:22-cv-00855
File Date: October 7, 2022
Plaintiff: Phoenix USA RV, Inc.
Plaintiff Counsel: Paul E. Harold, Stephen M. Judge of SouthBank Legal
Defendants: Hoosier Custom Cruisers LLC et al.
Cause: Conversion, Criminal Conversion, Theft, Breach of Fiduciary Duty, Federal Unfair Competition, Trade Dress Dilution, Common Law Trade Dress Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.