Tag Archives: Common Law Trademark Infringement

Delta Faucet Company sues Amazon Counterfeiters in Southern District of Indiana

01 Friday Nov 2024

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

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Delta Faucet Company is once again pursuing counterfeit faucet sellers from Amazon in the Southern District of Indiana. The Complaint (below), always an enjoyable read, discusses how a company’s trademarks are impacted by unauthorized sellers and their negative online reviews. The counterfeiter defendants typically don’t make an appearance in these lawsuits and thus it usually proceeds right to default judgment. The last Delta counterfeiter sued in Indiana earned himself a damages award of $5.4 million and a permanent injunction, so the “head in the sand” strategy is a really bad one. Let’s wait and see if this case is handled any differently.

Stay tuned for updates.

Delta Faucet Company v. Bundrick et al.

Court Case Number: 1:24-cv-01901-RLY-KMB
File Date: October 28, 2024
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendants: Justin Bundrick, Andrew Bundrick, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Kellie M. Barr

Complaint:

Carmel Teenager sued over Counterfeit Eric Emanuel Apparel

31 Thursday Oct 2024

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

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The plaintiff in this Indiana trademark lawsuit is a New York-based luxury sportswear designer, Eric Emanuel. The defendant is a Carmel, Indiana teenager allegedly selling counterfeit Eric Emanuel apparel imported from China. Per the Complaint (below), the counterfeit products are allegedly bought by the defendant from China suppliers, stored at his mother’s Carmel home, and promoted and sold online.

The fashion designer seeks the teenager’s profits, actual and compensatory damages, statutory damages, and attorneys’ fees and costs. It seems this teenager picked the wrong designer to counterfeit and what seemed like a “get rich quick” scheme could quickly turn to “get poor quick.”

Stay tuned for updates.

EE Holding Group LLC v. PDGROWTH LLC et al.

Court Case Number: 1:24-cv-01895-JPH-TAB
File Date: October 25, 2024
Plaintiff: EE Holding Group LLC
Plaintiff Counsel: Anne K. Ricchiuto of Peele Law Group
Defendant: PDGROWTH LLC, Patrick D. Garton
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Endorsement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

Northern Indiana Chiropractors fight over “Legacy” Trademark

13 Tuesday Aug 2024

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

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A Shipshewana, Indiana-based chiropractor has been operating under the name Legacy Chiropractic since March 2018.

41 miles away, in Warsaw, Indiana, another chiropractor began operating as Legacy Family Chiropractic around March 2020. Prior to opening, the Warsaw chiropractor’s wife had allegedly inquired about purchasing the rights to the name. There was no agreement to sell the name per the Complaint (below), but the Warsaw chiropractor still proceeded with a “Legacy” name.

After 4 years of coexistence, perhaps not always peaceful, a federal trademark application was filed by the Shipshewana chiropractor on July 29, 2024. On the same morning, an Indiana state trademark registration was applied for and obtained by the Warsaw chiropractor, quickly resulting in a few weeks of back-and-forth attorney communications and now a lawsuit in the Northern District of Indiana.

Stay tuned for updates.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC

Court Case Number: 3:24-cv-00668-DRL-MGG
File Date: August 9, 2024
Plaintiff: Legacy Chiropractic, LLC
Plaintiff Counsel: D. Randall Brown, Michael E. Wever of Barnes & Thornburg LLP
Defendant: Legacy Family Chiropractic LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Anti-Cybersquatting, Unfair Competition and Deceptive Trademark Practices, Cancellation of Indiana State Trademark Registration
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Both parties in this new Indiana trademark lawsuit manufacture “pull-behind” camper trailers. The plaintiff, Hiker Trailers of Columbus, Indiana, has sold trailers using the HIKER TRAILER brand since 2004.

The defendant, Hyk Outdoors, is a Missouri company that has been selling towable camping trailers since 2020.

The goods seem very similar, and presumably so are the parties’ respective consumers. The parties likely have or will promote their trailers at the same trade shows. Ultimately, it will need to be determined whether the trademarks HIKER and HYK OUTDOORS are confusingly similar. Although no specific instances of confusion are cited, the Complaint (below) alleges an admission of repeated consumer confusion by an employee of the defendant.

Stay tuned for updates.

Hiker Industries, LLC v. Hyk Outdoors LLC

Court Case Number: 1:24-cv-01320-RLY-MJD
File Date: August 5, 2024
Plaintiff: Hiker Industries, LLC
Plaintiff Counsel: James M. Hinshaw, Brad R. Maurer of Dentons Bingham Greenebaum LLP
Defendant: Hyk Outdoors LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin or Sponsorship, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

Hot Girl Walk v. Hot Walk Indy…are you confused?

17 Wednesday Jul 2024

Posted by in Indiana, Indianapolis, Intellectual Property, Litigation, Patent, Southern District of Indiana, Trademark

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An Indianapolis-based inclusive walking group is being sued for trademark infringement by the national walking group which had inspired its original name. The plaintiff operates a national women’s walking group called Hot Girl Walk, a name inspired by Megan Thee Stallion’s song “Hot Girl Summer.” The group promotes walking events for women across the country and has some significant sponsorships. In 2019, the defendant started a walking group called Hot Girl Walk Indy, which was later shortened to Hot Walk Indy. If this was the extent of the conflict, I suspect a federal lawsuit might never have been filed. However, while the trademark infringement claims in the Complaint (below) are the focus of this IP blog, the plaintiff was likely more concerned about an alleged series of defamatory statements, doxing, and aggressive bullying, all detailed in the Complaint. Standing alone, Hot Walk Indy might not cause a conflict with Hot Girl Walk, but when it’s combined with a group campaign of actively seeking to undermine the Hot Girl Walk brand, it puts a plaintiff in a position where they have to file a lawsuit.

It’s difficult to see how keeping the name of a relatively new local walking group would be worth the cost of defending a federal lawsuit, but perhaps the defense funds can be crowdfunded among the group. Considering the other activities detailed in the Complaint, the defendant may already be in too deep despite what name they use and the other group members may stay away for fear of being named as additional defendants.

Stay tuned for updates.

Hot Girl Walk LLC v. Springer d/b/a Hot Walk Indy

Court Case Number: 1:24-cv-01187-JMS-TAB
File Date: July 15, 2024
Plaintiff: Hot Girl Walk LLC
Plaintiff Counsel: Joseph R. Delehanty of Dickinson Wright PLLC
Defendant: Casey Springer d/b/a Hot Walk Indy
Cause: Tortious Interference with Business Relationship, Defamation, Business Disparagement, Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Jane E. Magnus-Stinson
Referred To: Tim A. Baker

Complaint: