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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

WORLD OF LEGGINGS vs. LEGGINGS WORLD…are you confused?

17 Tuesday Apr 2018

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

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Common Law Trademark Infringement, False Designation of Origin, Tanya Walton Pratt, Tim A. Baker, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment

The Plaintiff in this trademark lawsuit, California-based Muscle Flex, Inc., operates a hosiery website, worldofleggings.com, which boasts “5.5 million visitors, 27 million views, and millions of dollars in sales across the United States.”

The Defendants operate several hosiery stores called “Leggings World” inside Simon Property Group (“Simon”) properties across the Midwest and Northeast. Simon is included as a defendant in the lawsuit.

When Muscle Flex complained of the infringement to Simon, Simon responded by removing instances of “Leggings World” from its website and digital directories inside its malls, and sending cease-and-desist letters to tenants operating under the “Leggings World” name in its properties.

However, this didn’t satisfy Muscle Flex, which also wants to receive some money for damages, leading to some slight lawyer shade:

Simon has seemingly thrown in the towel on Leggings World, removing it from all Simon online directories (really, go try to find a store online), but we’ll see whether Leggings World decides to challenge Muscle Flex and continue operating the physical stores. Stay tuned for updates.

Muscle Flex, Inc. v. Simon Property Group, L.P. et al.

Court Case Number: 1:18-cv-1140
File Date: Friday, April 13, 2018
Plaintiff: Muscle Flex, Inc.
Plaintiff Counsel: Christopher A. Brown of Woodard, Emhardt, Moriarty, McNett & Henry LLP, Connor Lynch of Lynch LLP (pro hac vice)
Defendants: Simon Property Group, L.P., Simon Property Group, Inc., Matt Murat Dagli, New Purple LLC
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

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Indiana power sport vehicle company sues Canadian competitor over infringing parts

17 Tuesday Apr 2018

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

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Common Law Passing Off, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Paul R. Cherry, Theresa L. Springmann, Trademark Dilution

The Plaintiff in this lawsuit, ASW, LLC, is a Columbia City, Indiana-based company that designs and sells power sport vehicles and related parts. ASW owns the registered trademarks AMERICAN SPORTWORKS and LANDMASTER.

The Defendant, a Canadian corporation, is alleged to be selling competing products using identical marks from an infringing website, americansportworksparts.com. It’s not clear from the Complaint (below) whether the infringing products are repackaged/refurbished items (which can void a warranty) or just plain ol’ counterfeit goods, although it seems closer to the latter. 

ASW, LLC v. Bisson et al.

Court Case Number: 1:18-cv-00086-TLS-PRC
File Date: Monday, April 9, 2018
Plaintiff: ASW, LLC
Plaintiff Counsel: Linda A. Polley, Charles J. Heiny of Haller & Colvin, P.C.
Defendants: Bisson, 1837967 Alberta Ltd.
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, False Designation of Origin, Common Law Unfair Competition, Common Law Passing Off
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

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Oakley sues So. Indiana Gas Stations over Counterfeit Eyewear

26 Monday Feb 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, False Designation of Origin and False Advertising, Federal Trademark Infringement, Mark J. Dinsmore, Unjust Enrichment, William T. Lawrence

The Defendants in this lawsuit, the owners of gas stations located in Batesville, Osgood, and New Point, Indiana, are accused of selling counterfeit Oakley and Ray-Ban sunglasses. The counterfeit products were observed for sale in the stores by Plaintiff’s representatives and are believed to originate from a common source, to be determined.

Stay tuned for updates.

Luxottica Group et al. v. Avni Petroleum, Inc. et al.

Court Case Number: 1:18-cv-0537-WTL-MJD
File Date: Friday, February 23, 2018
Plaintiff: Luxottica Group S.p.A., Oakley Inc.
Plaintiff Counsel: Brent H. Blakely, Jessica C. Covington of Blakely Law Group
Defendant: Avni Petroleum, Inc., Delaware BP, Pari, Inc. dba Batesville Food Mart, Rani Petroleum, Inc. dba Batesville Shell, SAI Petroleum Inc. dba New Point Food Mart, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin and False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Mark J. Dinsmore

Complaint: 

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Shoe retailer Shoe Carnival sues two counterfeit websites

24 Friday Nov 2017

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Matthew P. Brookman, Richard L. Young, Trade Dress Infringement, Trademark Infringement, Unfair Competition

Shoe retailer Shoe Carnival brings this lawsuit against the owners of two domains, daretodreamwebdesign.com and afordrunning.com, which appear to be counterfeit Shoe Carnival websites.

I used to love shopping at Shoe Carnival. I remember the frequent sale announcements over the intercom and the booth for catching blowing cash.

SCLC, Inc. v. Kettering et al

Court Case Number: 3:17-cv-00193-RLY-MPB
File Date: November 22, 2017
Plaintiff: SCLC, Inc.
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Marie Kettering, Lanny Tyndall
Cause: Trade Dress Infringement, Unfair Competition, Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: 

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Update 11/30/2017: 

Shoe Carnival has requested a Temporary Restraining Order for the purpose of ordering search engines to remove the offending websites.

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Project management company files trademark lawsuit against potential scam artists

09 Monday Oct 2017

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

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Common Law Passing Off/Unfair Competition, Common Law Trademark Infringement, Cybersquatting, Declaratory Relief, False Designation of Origin, Trademark Infringement

Plaintiff operates a project management training company called “Project Management Academy.” Plaintiff has used the trademark since 2009 and owns several related federal trademark registrations.

The Defendants are accused of operating a similar company (some call it a scam) using the “Project Management Academy” or “PMA” trademarks.

Educate 360, LLC v. Patchree Patchrint et al.

Court Case Number: 4:17-cv-00078
File Date: Friday, October 6, 2017
Plaintiff: Educate 360, LLC
Plaintiff Counsel: William P. Kelley, David M. Stupich of Stuart & Branigin LLP
Defendant:  Patchree Patchrint a/k/a Patty Jones and Anthony Christopher Jones
Cause: Declaratory Relief, Trademark Infringement, False Designation of Origin, Cybersquatting, Common Law Trademark Infringement, Common Law Passing Off/Unfair Competition
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

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