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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

Three Floyds Brewing sues Floyd’s Spiked Beverages for Trademark Infringement

26 Thursday Sep 2019

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

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Brewery, Common Law Trademark Infringement, Common Law Unfair Competition, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition

Three Floyds Brewing is one of Indiana’s longest operating breweries, selling nationally-recognized delicious beers under the trademark THREE FLOYDS since 1996.

In 2018, the defendant Floyd’s Spiked Beverages began selling Spiked Lemonade and Spiked Ice Tea under the FLOYD’S trademark. The Defendants’ apparently lower quality beverages are sold within 20 miles of the Three Floyds brewery in Munster, Indiana. The Defendants also sell their product via a website at DrinkFloyds.com.

Three Floyds is already opposing one of Floyd’s trademark applications that claims “Alcoholic beverages, except beer.” The USPTO has refused Floyd’s other trademark application for “Beer-based coolers” based on a likelihood of confusion with Three Floyds’ registered trademarks.

The Complaint (below) spotlights several poor consumer reviews of the Defendants’ spiked beverages, but doesn’t mention any instances of actual consumer confusion.

Stay tuned for updates.

Three Floyds Brewing LLC v. Floyd’s Spiked Beverages LLC et al.

Court Case Number:  2:19-cv-00363
File Date: Wednesday, September 25, 2019
Plaintiff: Three Floyds Brewing LLC
Plaintiff Counsel: Glenn A. Rice, Esq., Carter S. Plotkin, Esq. of Funkhouser Vegosen Liebman & Dunn Ltd.
Defendant: Floyd’s Spiked Beverages LLC, Lawrence Trachtenbroit
Cause
: Federal Trademark Infringement, Federal False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: TBD

Complaint: 

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Breach of contract leads to lawsuit over psychotherapy techniques, trademarks

30 Tuesday Jul 2019

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

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Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, False Advertising, Federal Trademark Infringement, Mark J. Dinsmore, Richard L. Young, Unfair Competition, Unjust Enrichment, Wrongful Interference with a Contractual Relationship, Wrongful Interference with Business Relationships and Prospective Business Advantages

The Plaintiff in this lawsuit, Functional Family Therapy Associates, Inc. is a Seattle, Washington-based organization dedicated to training psychotherapists. Plaintiff utilizes a “Functional Family Therapy” protocol to help troubled youth and their families overcome a variety of behavioral problems. Plaintiff provides services in 33 U.S. states and 10 foreign countries.

The Defendants allegedly operate an entity in Bloomington, Indiana called Functional Family Therapy Associates, in violation of Plaintiff’s registered trademarks. One of the Defendants, Sexton, was previously a member of Plaintiff’s organization. More detailed facts are set forth in the (redacted) complaint below.

This lawsuit arises from a breach of contract and the Defendants’ false advertising, unfair competition, and service mark infringement resulting from Defendants’ unauthorized use of Plaintiff’s registered and common law intellectual property rights in Plaintiff’s unique and original family therapeutic services protocol and Plaintiff’s development, testing, training, and marketing thereof.

An unredacted Complaint was filed under seal pursuant to a confidentiality obligation in an agreement between the parties.

F.F.T., LLC v. Sexton, Ph.D et al

Court Case Number: 1:19-cv-03027-RLY-MJD
File Date: Friday, July 19, 2019
Plaintiff: F.F.T., LLC
Plaintiff Counsel: Holiday W. Banta, T. Earl LeVere, Megan Hedrick of Ice Miller LLP
Defendant: Thomas Sexton, Ph.D., Functional Family Therapy Associates, Inc., Astrid Van Dam
Cause
: Breach of Contract, Wrongful Interference with Business Relationships and Prospective Business Advantages, Wrongful Interference with a Contractual Relationship, Unfair Competition, False Advertising, Federal Trademark Infringement, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Redacted Complaint:

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National Wrestling Alliance sues wrestler claiming to be “The Real NWA World’s Heavyweight Champion”

22 Tuesday May 2018

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

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Andrew P. Rodovich, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Joseph S. Van Bokkelen

The Plaintiff in this action is the owner of the National Wrestling Alliance (“NWA”) brand. The NWA is a promotional and sanctioning body that licenses promoters and promotions around the world to conduct NWA professional wrestling events.

The Defendant, a professional wrestler residing in Indiana, has apparently been going around claiming to be “The Real NWA World’s Heavyweight Champion” and “The People’s NWA World’s Heavyweight Champion.”

Unable to convince the wrestler that he was not the “real” champ with cease-and-desist communications, Plaintiff now seeks the Court’s intervention. Stay tuned for updates.

Lightning One, Inc. v. Harmon

Court Case Number: 2:18-cv-00193-JVB-APR
File Date: Wednesday, May 16, 2018
Plaintiff: Lightning One, Inc.
Plaintiff Counsel: Michael V. Knight, Caitlin R. Byczko of Barnes & Thornburg LLP
Defendant: Nicholas P. Harmon
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint:

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Sunman BP sued for selling counterfeit Oakley sunglasses

18 Friday May 2018

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, Counterfeiting, Debra McVicker Lynch, False Advertising, False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Tanya Walton Pratt, Unjust Enrichment

The defendants in this counterfeiting lawsuit are the owners and operators of a BP gas station located in Sunman, Indiana, who are accused of selling counterfeit Oakley sunglasses. The counterfeit products were observed for sale in the store by Plaintiff’s representatives.

The plaintiff, Oakley, Inc., seeks damages and injunctive relief.

Oakley, Inc. v. Sunman BP et al.

Court Case Number: 4:18-cv-00085-TWP-DML
File Date: Wednesday, May 16, 2018
Plaintiff: Oakley, Inc.
Plaintiff Counsel: Jason D. Groppe, Esq., Logan S. Bednarczuk, Esq.
Defendants: Swami Property Sunman Inc. dba Sunman BP, Chirag Patel, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Federal Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

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BioSweep vs. BioClean…are you confused?

01 Tuesday May 2018

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

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Breach of Franchise Agreement, Common Law Trademark Infringement, Conspiracy, Contributory Trademark Infringement, Debra McVicker Lynch, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, William T. Lawrence

The Defendants in this lawsuit are accused of violating the non-compete provisions of a terminated Franchise Agreement, as well as operating the competing business with a confusingly similar trademark, BioClean vs. the Plaintiff’s registered BioSweep trademark.

The Defendants allegedly also still claim to use Plaintiff’s “BioSweep System” equipment on their website, creating a false impression of a relationship with Plaintiff, and reference their competing company as “BioSweep of the Gulf Coast” in at least one instance.

Stay tuned for updates.

Phocatox Technologies, LLC v. Wiersig et al.

Court Case Number: 1:18-cv-01298-WTL-DML
File Date: Friday, April 27, 2018
Plaintiff: Phocatox Technologies, LLC
Plaintiff Counsel: Bryan S. Redding, Britton A. Jared of Redding Law, LLC
Defendants: Jerry D. Wiersig, Todd M. Hoffman, BioClean Remediation, LLC (AL), and BioClean Remediation, LLC (OK)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Contributory Trademark Infringement, Breach of Franchise Agreement, Conspiracy, Federal Unfair Competition, State Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Complaint:

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