Tag Archives: Common Law Unfair Competition

Shoe retailer Shoe Carnival sues two counterfeit websites

24 Friday Nov 2017

Posted by in Litigation, Southern District of Indiana, Trademark

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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: 

Update 11/30/2017: 

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

Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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The Plaintiff, Dwyer Instruments, is a manufacturer of industrial gages and controls headquartered in Michigan City. Plaintiff has used the registered trademark MAGNEHELIC since 1949.

The Defendants, a California manufacturer and Wal-Mart.com which lists the product, are accused of selling counterfeit gages with identical trade dress tp Plaintiff’s gages and a confusingly similar trademark, MAGRFHELIC.

Dwyer Instruments Inc v. Wal-Mart.com USA, LLC et al.

Court Case Number: 3:17-cv-00636-RLM-MGG
File Date: Tuesday, August 15, 2017
Plaintiff: Dwyer Instruments, Inc.
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Wal-Mart.com USA, LLC, Tasharina Corp.
Cause: Federal Trademark Infringement, Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint: 

Indiana brewery alleges rights in its CORN MAZE BEER FEST stolen by own marketing agency

31 Monday Jul 2017

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

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This trademark lawsuit arises out of a dispute over ownership of the term “Corn Maze Beer Fest.”

The Plaintiff, 450 North Brewing Co. of Columbus, Indiana, hosted an event under that name in 2016 in the fields surrounding their brewery.

The Defendant is an Indiana company specializing in marketing for craft beer events.

The parties had worked together (with only an unsigned agreement and oral contract) on the 2016 event but a dispute has arisen over ownership of the event name. Despite the parties terminating their business relationship in early 2017, Defendant appears to be moving forward with its own version of a CORN MAZE BEER FEST, still being actively promoted on the website that Plaintiff believes it should own.

Stay tuned for updates.

Brix Haus Brewing Inc. d/b/a 450 North Brewing Co. v. Indiana On Tap, LLC

Court Case Number: 1:17-cv-02529-JMS-MPB
File Date: July 27, 2017
Plaintiff: Brix Haus Brewing Inc. d/b/a 450 North Brewing Co.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: Indiana On Tap, LLC
Cause: False Designation of Origin, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception, Conversion, Theft, Fraud, Tortious Interference with Economic Advantage
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Matthew P. Bookman

Complaint:

North American Van Lines sues North America Prime, trucking competitor started by a former officer

26 Wednesday Jul 2017

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

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The Plaintiff, North American Van Lines, has been providing transportation services since 1969. A former officer of Plaintiff started a competing transportation company called North America Prime Lines. Numerous cease-and-desist communications were sent but the parties weren’t able to resolve their differences.

However, there are numerous negative instances of consumer confusion (a few samples below) so this situation definitely requires resolution.

North America Van Lines, Inc. v. North America Prime Inc. et al.

Court Case Number: 1:17-cv-00298-TLS-PRC
File Date: Friday, July 14. 2017
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Siobhán M. Murphy of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Prime Inc., Ean Manning
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

adidas sued for violating Jackie Robinson’s right of publicity

13 Thursday Jul 2017

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

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This lawsuit involves adidas’ alleged infringement of the right of publicity of deceased baseball player Jackie Robinson.

The plaintiff, CMG Worldwide Inc., headquartered in Indianapolis, Indiana, is the exclusive worldwide agent and representative for the estate of Jackie Robinson.

adidas allegedly, without authorization from Plaintiff, created and promoted merchandise based on the 70th anniversary of Jackie Robinson’s first appearance as a Brooklyn Dodger. The products were promoted heavily by adidas and sponsored athletes on April 15, 2017…”Jackie Robinson Day.”

Plaintiff asks for an injunction against further sales, recovery for damages suffered, disgorgment of all of adidas’ profits and attorneys’ fees and costs, so there’s a lot on the line for adidas. Stay tuned for updates.

CMG Worldwide, Inc. v. adidas AG et al.

Court Case Number: 1:17-cv-02356-TWP-DWL
File Date: Tuesday, July 11, 2017
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: adidas AG, adidas America, Inc.,  Does 1-10
Cause: False Endorsement, Unfair Competition, Violation of Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Deception
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint: