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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Common Law Unfair Competition

Indiana Trademark Litigation Update – XP Innovation v. Ian Smith

13 Saturday Apr 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, William G. Hussmann

This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.

Quick summary of the facts:

1. Defendant ran the following Sponsored ad on Facebook:

Dans Comp Ad

2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).

3. Nobody ever wins a bicycle.

4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.

Stay tuned for updates.

XP Innovation LLC v. Ian Smith

Court Case Number: 3:13-cv-00106-RLY-WGH
File Date: Friday, April 12, 2013
Plaintiff: XP Innovation LLC
Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels
Defendant: Ian Smith
Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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

23 Saturday Mar 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, Dilution, False Designation of Origin, Litigation Update, Sarah Evans Barker, Trademark Infringement, Unfair Competition, Unjust Enrichment

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.

images

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

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

10 Thursday Jan 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, False Description of Goods, False Designation of Origin, Litigation Update, Tim A. Baker, Trademark Infringement, William T. Lawrence

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

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

17 Saturday Nov 2012

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

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Common Law Unfair Competition, Conversion, Deception, Denise K. LaRue, Indiana Crime Victims' Act, Jane Magnus-Stinson, Litigation Update, Right of Publicity, Theodore J. Minch, Unfair Competition, Unjust Enrichment

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

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

08 Thursday Nov 2012

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

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Tags

Common Law False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Philip P. Simon, Roger B. Cosbey, Trademark Infringement, Unfair Competition

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

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