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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Common Law Trademark Infringement

Nelson Alarm sues Former Co-owner over nelsonalarm.net

14 Wednesday Oct 2026

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

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Anticybersquatting Consumer Protection Act, Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, False Description of Origin, Federal Unfair Competition, James Patrick Hanlon, Litigation Update

In April 2015, Security Masters Corporation bought the assets of Nelson Alarm, Inc. The deal, an asset purchase agreement that Daniel E. Nelson signed personally, included the “Nelson Alarm” business and trademark name and the goodwill that went with it. Security Masters has done business as Nelson Alarm in Indianapolis since the closing. It says it has used the name continuously for the sale and installation of home and business security systems.

In July 2026, Security Masters learned that nelsonalarm.net had been registered on April 19, 2024, and was redirecting traffic to dnaintegrators.com, the site of D-N-A Integrators, Inc. Daniel E. Nelson is the founder and president of that company. The Complaint (below) says the two firms sell to the same buyers. A letter went out on July 8, 2026, demanding that the use stop and that the domain be transferred. The redirect came down. The parties were otherwise unable to find a suitable resolution. Security Masters now seeks the intervention of the Southern District.

Security Masters Corporation d/b/a Nelson Alarm v. D-N-A Integrators, Inc. and Daniel E. Nelson

Court Case Number: 1:26-cv-02112-JPH-MKK
File Date: October 1, 2026
Plaintiff: Security Masters Corporation d/b/a Nelson Alarm
Plaintiff Counsel: Deborah Pollack-Milgate and David A.W. Wong of Barnes & Thornburg LLP
Defendants: D-N-A Integrators, Inc. and Daniel E. Nelson
Cause: Breach of Contract; Federal Unfair Competition and False Designation of Origin; Common-law Unfair Competition and Trademark Infringement; Anti-Cybersquatting Consumer Protection Act
Court: Southern District of Indiana, Indianapolis Division
Judge: James Patrick Hanlon
Referred To: M. Kendra Klump

Security Masters filed Serial No. 99900763 for NELSON ALARM on June 23, 2026, covering installation and monitoring of security and fire alarms, design and testing of the systems, and related services in Classes 37, 42, and 45. The application was awaiting examination when the complaint was filed. The suit does not need a registration certificate to plead § 1125(a) or the state claims. It does plead that the name was distinctive when the domain was registered, and that the registration was in bad faith.

The relief asked for is the usual set for this kind of file: an injunction against use of NELSON ALARM or anything confusingly similar, transfer of nelsonalarm.net, an accounting, damages, trebling where the statute allows it, statutory damages under the ACPA of up to $100,000 for the domain, destruction of materials bearing the mark, and fees. A jury is demanded.

Stay tuned for updates.

Complaint:

Security Masters Corporation ComplaintDownload

Delta Faucet Company sues Amazon Counterfeiters in Southern District of Indiana

01 Friday Nov 2024

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim’s Relief Act, Kellie M. Barr, Richard L. Young

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:

View this document on Scribd

Carmel Teenager sued over Counterfeit Eric Emanuel Apparel

31 Thursday Oct 2024

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal False Designation of Origin, Federal False Endorsement, Federal Trademark Infringement, James Patrick Hanlon, Tim A. Baker

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:

View this document on Scribd

Northern Indiana Chiropractors fight over “Legacy” Trademark

13 Tuesday Aug 2024

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

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Cancellation, Common Law Trademark Infringement, Common Law Unfair Competition, Damon R. Leichty, Federal Trademark Infringement, Michael G. Gotsch, Unfair Competition and Deceptive Trademark Practices, Violation of the Federal Anticybersquatting Consumer Protection Act

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:

View this document on Scribd

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Common Law Trademark Infringement, Federal False Designation of Origin or Sponsorship, Federal Trademark Infringement, Federal Unfair Competition, Mark J. Dinsmore, Richard L. Young

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:

View this document on Scribd
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