Tag Archives: Common Law Unfair Competition

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

≈ Leave a comment

Tags

, , , , ,

This trademark dispute between Hobart, Indiana-based Indiana Botanic Gardens and a California defendant involves the use of the trademark EUCAMINT in connection with camphorated ointments. The Plaintiff has used its trademark since 1925.

The Defendant has been using the EUCAMINT mark in connection with a eucalyptus shower mist since as early as 2013.

Camphor used to be made by distilling the bark and wood of the camphor tree. Today, camphor is chemically manufactured from turpentine oil. It is used in products such as Vicks VapoRub. –WebMD

Indiana Botanic Gardens Inc v. Snyder Manufacturing Corporation

Court Case Number: 2:16-cv-00197-JD-PRC
File Date: Tuesday, May 31, 2016
Plaintiff: Indiana Botanic Gardens, Inc.
Plaintiff Counsel: David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Snyder Manufacturing Corporation d/b/a Eurospa Aromatics d/b/a Eurospa Chemicals
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Paul R. Cherry

Complaint:

Bedding companies in neighboring counties both claim BAMBOO LUXURY trademark

17 Tuesday May 2016

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

≈ Leave a comment

Tags

, , , ,

Pillow fight! This trademark lawsuit involves the trademark BAMBOO LUXURY in connection with bedding and other household textiles.

bed sheets, bedspreads, bath mats, blankets, comforters, coverlets, curtains, duvets, duvet covers, furniture protectors, mattress pads, pillowcases, pillow shams, quilts, shams, sheets, sheet sets and throws

Plaintiff, located in Steuben County, Indiana, has used its registered trademark BAMBOO LUXURY since April 2015. An intent-to-use application had been filed with the USPTO in June 2014.

Defendant, located in neighboring LaGrange County, Indiana, uses the same trademark in connection with sheets. It is not clear when Defendant began using the trademark, although Plaintiff asserts that it is the senior user.

Screen Shot 2016-05-17 at 7.55.12 AM

Stay tuned for updates. This one could get dirty.

Duke Imports Inc. v. All That Jazz Trading LLC

Court Case Number: 1:16-cv-00160-TLS-SLC
File Date: Monday, May 16, 2016
Plaintiff: Duke Imports Inc.
Plaintiff Counsel: James A. McEntarfer
Defendant: All That Jazz Trading LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint:

Trademark lawsuit filed over HYDRAPURE (pipe fittings) vs. HYPERPURE (plumbing pipes)

09 Monday May 2016

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

≈ Leave a comment

Tags

, , , , , , ,

This lawsuit arises out of Defendant’s allegedly infringing use of the HYPERPURE mark in violation of Plaintiff’s registered trademark HYDRAPURE®.

Plaintiff uses its trademark in connection with pipe fittings and related parts. Defendant uses its trademark in connection with plumbing pipes.
Screen Shot 2016-05-09 at 9.36.33 AM

NIBCO Inc. v. Legend Valve & Fitting, Inc.

Court Case Number: 3:16-cv-00275-JVB-CAN
File Date: Friday, May 6, 2016
Plaintiff: NIBCO Inc.
Plaintiff Counsel: Matthew J. Gipson of Price Heneveld LLP
Defendant: Legend Valve & Fitting, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Christopher A. Nuechterlein

Complaint:

Coop v. Co-op phonetic similarity fuels trademark dispute

02 Monday May 2016

Posted by in Intellectual Property

≈ Leave a comment

Tags

, , , , , , , , , ,

Plaintiff is a farmer owned cooperative which operates an oil exploration, production, refining, and marketing company. They have used their registered CO-OP trademark since at least 1991.

Defendant is a fuel company called Coop (pronounced Co-op) Fuels. They were first contacted by Plaintiff two weeks ago regarding their confusingly similar trademark and, apparently, did not act quickly enough to change their name.

Screen Shot 2016-05-02 at 12.38.25 PMNote the Defendant’s website is currently down and its Facebook page has announced “big changes coming,” so perhaps a name change is already underway. Stay tuned for updates.

Screen Shot 2016-05-02 at 12.34.44 PM

Countrymark Refining and Logistics, LLC v. Coop Fuels, Inc.

Court Case Number: 1:16-cv-00972-SEB-MPB
File Date: Friday, April 29, 2016
Plaintiff: Countrymark Refining and Logistics, LLC
Plaintiff Counsel: David K. Herzog, Amie Peele Carter, Louis T. Perry of Faegre Baker Daniels LLP
Defendant: Coop Fuels, Inc.
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Matthew P. Brookman

Complaint:

Jasper-based Kimball International files lawsuit to enforce KIMBALL trademark

27 Wednesday Apr 2016

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

≈ Leave a comment

Tags

, , , , , , , , ,

Plaintiff, Kimball International, Inc., has been selling furniture under the KIMBALL trademark since 1970. Plaintiff owns several trademark registrations, including the following:

Screen Shot 2016-04-27 at 8.50.57 AM

According to the Complaint (below), it was recently brought to Plaintiff’s attention that Defendant, a California-based furniture importer and distributor, had also begun selling “KIMBALL” furniture through its own website and retail partners.

Screen Shot 2016-04-27 at 8.42.40 AM

A cease-and-desist letter was sent by Plaintiff on March 29, 2016, apparently to no effect. Stay tuned for updates.

KIMBALL INTERNATIONAL, INC. v. COA, INC.

Court Case Number: 3:2016-cv-00054 840
File Date: Monday, April 25, 2016
Plaintiff: Kimball International, Inc.
Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP
Defendant: COA, Inc. d/b/a Coaster Company of America
Cause: Federal Trademark Infringement, False Designation of Origin, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Michael P. Brookman

Complaint: