Tag Archives: Common Law Unfair Competition

Indiana Trademark Litigation Update – Royal Purple v. Liqui Moly GmbH

23 Saturday Mar 2013

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

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Here’s an interesting case involving a color trademark. Plaintiff Royal Purple, based in Indianapolis, owns several trademark registrations for the color purple  in connection with high-performance lubricants. The Defendant, German-based Liqui Moly, is accused of selling lubricants with containers/packaging that is purple.

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Royal Purple LLC v. Liqui Moly GmbH

Court Case Number: 1:13-cv-00492-SEB-DML
File Date: Friday, March 22, 2013
Plaintiff: Royal Purple LLC
Plaintiff Counsel: Deborah Pollack-Milgate, Olivia M. Fleming of Barnes & Thornburg LLP
Defendant: Liqui Moly GmbH
Cause: Trademark Infringement; Unfair Competition, False Designation of Origin; Dilution; Common Law Trademark Infringement; Common Law Unfair Competition; Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Allison Transmission v. Cross Oil Refining & Marketing

10 Thursday Jan 2013

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

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Allison Transmission Inc. v. Cross Oil Refining & Marketing Inc. et al

Court Case Number: 1:13-cv-00047-WTL-TAB
File Date: Wednesday, January 09, 2013
Plaintiff: Allison Transmission Inc.
Plaintiff Counsel: Dwight D. Lueck of Barnes & Thornburg
Defendant: Cross Oil Refining & Marketing Inc., Martin Resource Management Corporation, Doolittle Oil Company Inc.
Cause: Infringement of Registered Trademark, False Designation of Origin, Common Law Trademark Infringement and Unfair Competition, False Description of Goods
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

Indiana Right of Publicity Litigation Update – The Estate of Bette Davis v. Erickson Beamon

17 Saturday Nov 2012

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

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The Estate of Bette Davis et al v. Erickson Beamon, Ltd.

Court Case Number: 1:12-cv-01687-JMS-DKL
File Date: Friday, November 16, 2012
Plaintiff: The Estate of Betty Davis, CMG Worldwide, Inc.
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Erickson Beamon, Ltd.
Cause: Indiana State Statutory Right of Publicity, California State Statutory Right of Publicity, Other Statutory and Common Law Rights of Publicity, Unfair Competition, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Indiana Trademark Litigation Update – Three Rivers Archery Supply v. Parker Compound Bows

08 Thursday Nov 2012

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

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Three Rivers Archery Supply Inc et al v. Parker Compound Bows Inc

Court Case Number: 1:12-cv-00390-PPS-RBC
File Date: Wednesday, November 07, 2012
Plaintiff: Three Rivers Archery Supply Inc, Dale Karch, Sandra Karch
Plaintiff Counsel: Melanie L Farr, Holly A Brady of Haller & Colvin PC, Todd T Taylor of Taylor & Aust PC
Defendant: Parker Compound Bows Inc
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law False Designation of Origin, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey

Indiana Trademark Litigation Update – Fortres Grand Corp. v. Warner Bros Entertainment

20 Thursday Sep 2012

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

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Here’s a fun case. Plaintiff, an Indiana corporation, has sold security software under the mark CLEAN SLATE since 2000. In Defendant Warner Bros’ latest Batman movie, The Dark Knight Rises, Batman promises to obtain a software program called CLEAN SLATE that will erase a person’s criminal history from every computer database in the world. This has apparently caused hundreds of internet references for the fictional movie software, to which Plaintiff objects.

What do you think is the likely outcome of this case? Can it survive a Motion to Dismiss? Is Warner Bros really using CLEAN SLATE as a trademark?

It also shines a spotlight on that magic moment in the marketing department where an invention titled “Targeted Data Detection and Elimination Algorithm” becomes…CLEAN SLATE! [Note: The patent application is from movie promotional materials. It is not real.]

Fortres Grand Corporation v. Warner Bros Entertainment Inc.

Court Case Number: 3:12-cv-00535-PPS-CAN
File Date: Wednesday, September 19, 2012
Plaintiff: Fortres Grand Corporation
Plaintiff Counsel: Christopher R. Putt of May Oberfell Lorber
Defendant: Warner Bros Entertainment Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein