Plaintiff alleges that Defendant is manufacturing and selling unauthorized “Energy Dome Hats,” the headwear popularized by American New Wave band DEVO.

Plaintiff claims to be the exclusive licensing agent of DEVO’s intellectual property rights. The Complaint references a pair of federal trademark registrations for DEVO in connection with “entertainment services” and “sound and visual recordings.” The ultimate question for this case however, which is less clear in the Complaint, is whether DEVO owns the rights to manufacture and sell Energy Dome Hats, which are “red in color, circular, and including four tiers of the circular design, with each tier becoming larger in circumference from the top of the hat to the bottom of the hat.”

Swag Merchandising Inc. et al v. T.V. Store Online et al

Court Case Number: 1:14-cv-00127-TWP-DKL
File Date: Wednesday, January 29, 2014
Plaintiff: Swag Merchandising Inc., Devo Inc. Corporation California
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: T.V. Store Online, Fred Hajjar
Cause: Violation of 1125(a), Trademark Infringement, Common Law Trademark Infringement, Counterfeiting, Dilution, Common Law Unfair Competition, Statutory Right of Publicity, California Right of Publicity Infringement, Common Law Right of Publicity, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

State Court Complaint:

Notice of Removal: