Tag Archives: Common Law Unfair Competition

Indiana Trademark Litigation Update – NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

11 Monday Apr 2016

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

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Defendant is alleged to be involved in the advertising, promotion, and sale of counterfeit mixers, dispersers, mills, and related products.

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NETZSCH PREMIER TECHNOLOGIES, LLC v. PHLER FEINMAHLTECHNIK GMBH et al

Court Case Number: 1:16-cv-00781-WTL-MPB
File Date: Friday, April 8, 2016
Plaintiff: NETZSCH PREMIER TECHNOLOGIES, LLC
Plaintiff Counsel: Jeffrey Kose, Patrick F.X. Fitzpatrick, Jr. of Benesch, Friedlander, Coplan & Fronoff LLP
Defendant: PHLER FEINMAHLTECHNIK GMBH et al
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin, False Description, Federal Unfair Competition, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Matthew P. Bookman

Complaint:

 

Coach sues Knox, Indiana Convenience Store over Counterfeit Purses

05 Tuesday Apr 2016

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

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The Defendants in this lawsuit, the owners of a convenience store located in Knox, Indiana, are accused of selling counterfeit Coach merchandise. The counterfeit purses were observed for sale in the store on multiple occasions by a Coach investigator and Homeland Security Investigations officer.

Selling counterfeit merchandise is, not surprisingly, a big no-no and Coach takes its intellectual property very seriously, hence this lawsuit containing trademark, copyright and trade dress claims.

Stay tuned for updates.

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Coach, Inc. et al v. Zip Thru Mart et al

Court Case Number: 3:2016-cv-00209-JD-CAN
File Date: Monday, April 4, 2016
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: P. Russell Pardew of Locke Lord LLP
Defendant: Zip Thru Mart, Charles Estok, Sr., Janice Estok
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Christopher A. Nuechterlein

Complaint:

Indiana publication Rough Notes sues over “plaque” solicitations

09 Tuesday Feb 2016

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

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Most professionals will be familiar with the type of solicitation involved in this lawsuit.

Defendant, based in Connecticut, sells customized plaques for people and companies that have been featured in newspapers or magazines. Defendant promotes its product by directly emailing (repeatedly) the individuals featured in the magazine/newspaper with a solicitation to purchase a customized plaque featuring the article. (See examples in the photo and Exhibit C below.) Defendant’s products consist of a scanned copy of the article and publication’s title inserted into an acrylic, wood or aluminum frame. Defendant has allegedly sold over 200,000 plaques.

Plaintiff, a long-standing Indiana publication focused on insurance agents, is one target of Defendant’s activities. Notably, Plaintiff also provides its own free high-quality reprint plaques to individuals profiled in its magazine. Plaintiff brings this lawsuit against Defendant based on the unauthorized use of its trademark and copyrighted materials, among other claims.

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The Rough Notes Company, Inc. v. That’s Great News, LLC

Court Case Number: 1:2016-cv-00319
File Date: Monday, February 8, 2016
Plaintiff: The Rough Notes Company, Inc.
Plaintiff Counsel: David J. Carr, Paul C. Sweeney, Jana E. Harris of Ice Miller LLP
Defendant: That’s Great News, LLC
Cause: Copyright Infringement, Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Common Law Trademark Infringement, Federal Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mark J. Dinsmore

Complaint:

Exhibit C (Sample e-mail solicitations):

Texas Roadhouse Trade Dress Lawsuit Comes to Indiana

26 Tuesday Jan 2016

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

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A long-standing trade dress/trademark beef between Texas Roadhouse and Texas Corral/Amarillo Roadhouse has been transferred to Indiana.

Background on the lawsuit, first filed in August 2013, is here: Texas Roadhouse alleges trademark infringement against other steakhouse operators

Stay tuned for updates as the case proceeds in Indiana.

Texas Roadhouse Complaint

Texas Roadhouse, Inc. et al v. Texas Corral Restaurants, Inc. et al

Court Case Number: 2:16-cv-00028-JVB-PRC
File Date: Monday, January 25, 2016
Plaintiff: Texas Roadhouse, Inc
Defendant: Texas Corral Restaurants, Inc.; Switzer Properties, LLC; Texcor, Inc.; Texas Corral Restaurant II, Inc.; T.C. of Michigan City, Inc.; T.C. of Kalamazoo, Inc.; Chicago Roadhouse Concepts, LLC; Paul Switzer; Victor Spina; and John Doe Corp.
Cause: Trade Dress Infringement, Federal Trademark Infringement, Michigan Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Paul R. Cherry

Complaint:

Indiana Trade Dress Litigation Update – Forest River v. Winnebago Industries

19 Saturday Dec 2015

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

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This lawsuit involves the popular RPOD travel trailer, sold by Plaintiff since 2009, and an allegedly infringing DROP trailer, sold by Defendant since September 2015.

It will be interesting to see what trade dress rights can be protected for a small travel trailer. Importantly, trade dress cannot be functional. Specifically, the Complaint references “the exterior shape, the total visual image, the interior layout, interior fabric patterns and colors, and model numbers.”

RPOD Complaint Comparison

Forest River Inc v. Winnebago Industries Inc et al

Court Case Number: 3:15-cv-00609-RLM-CAN
File Date: Friday, December 18, 2015
Plaintiff: Forest River, Inc.
Plaintiff Counsel: Jonathan P. Froemel, Georgina D. Jenkins of Barnes & Thornburg LLP
Defendant: Winnebago Industries, Inc., Winnebago of Indiana, LLC
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Trademark Infringement, Common Law Trade Dress Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint: