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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 – Pocket City Construction & Development Company v. Rick Sepulveda

11 Saturday Aug 2012

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

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Common Law Unfair Competition, Richard L. Young, Southern District of Indiana, Trademark Deceptive Consumer Sales Activities, Trademark Infringement, Unfair Competition, William G. Hussmann

Pocket City Construction & Development Company, Inc. v. Rick Sepulveda et al

Court Case Number: 3:12-cv-00119-RLY-WGH
File Date: Friday, August 10, 2012
Plaintiff: Pocket City Construction & Development Company, Inc.
Plaintiff Counsel: Gary K. Price of Terrell Baugh Salmon & Born, LLP
Defendant: Rick Sepulveda, Dr. Roof, Inc., Josh McIntyre
Cause: Trademark Infringement, Unfair Competition, Trademark Deceptive Consumer Sales Activities, Common Law Unfair Competition
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 – J Squared Inc. v. K2 Designs LLC

27 Friday Jul 2012

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Jane Magnus-Stinson, Jonathan G. Polak, Southern District of Indiana, Tim A. Baker, Trademark Infringement, Unfair Competition

J Squared Inc. v. K2 Designs LLC

Court Case Number: 1:12-cv-01034-JMS-TAB
File Date: Thursday, July 26, 2012
Plaintiff: J Squared Inc.
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister LLP
Defendant: K2 Designs LLC
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trade Dress Litigation Update – Mortar Net USA v. Masonry Reinforcing Corporation of America

11 Wednesday Jul 2012

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

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Common Law Infringement Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Functionality Doctrine, Litigation Update, Paul R. Cherry, Philip P. Simon, Trade Dress Infringement, Trademark Infringement

Mortar Net continues its attempts to protect its “dovetail-shaped line of fibrous mesh products for use in masonry applications” (see example in Exhibit A below). Mortar Net’s counsel have a pretty clear hurdle to overcome in the “functionality doctrine,” which prevents manufacturers from protecting specific features of a product by means of trademark law. If a feature gives a producer a competitive advantage which is not related entirely to its function as a brand identifier, then it cannot be trademarked, regardless of advertising and promotional efforts. Such features are more appropriately protected under patent law. This is Mortar Net’s third filing of the year (see Related Cases below) and all have been assigned to a different judge, so maybe they’ll get lucky and find a judge willing to extend trademark protection to their dovetail design.

Stay tuned for updates.

Related Cases:

  • Mortar Net USA Ltd. v. Hohmann & Barnard Inc.
  • Mortar Net USA Ltd. v. Keene Building Product Co.

Mortar Net USA Ltd v. Masonry Reinforcing Corporation of America

Court Case Number:    2:12-cv-00252-PPS-PRC
File Date:    Tuesday, July 03, 2012
Plaintiff:     Mortar Net USA Ltd
Plaintiff Counsel:     Daniel W Glavin of O’Neill McFadden & Willett LLP
Defendant:     Masonry Reinforcing Corporation of America
Cause:    Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Infringement Infringement, Common Law Unfair Competition
Court:    Northern District of Indiana
Judge:     Chief Judge Philip P Simon
Referred To: Magistrate Judge Paul R Cherry

Complaint:

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Exhibit A:

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Indiana Trademark Litigation Update – Century 21 Real Estate v. Realty Group I

24 Sunday Jun 2012

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

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Audit Demand/Accounting, Breach of Contract, Breach of Franchise Agreements, Common Law Unfair Competition, Debra McVicker Lynch, False Advertising, False Designation of Origin, Litigation Update, Trademark Dilution, Trademark Infringement, Unjust Enrichment, William T. Lawrence

Century 21 Real Estate, LLC v. Realty Group I, LLC f/d/b/a Century 21 Realty Group I et al

Court Case Number:    1:12-cv-00862-WTL-DML
File Date:    Thursday, June 21, 2012
Plaintiff:     Century 21 Real Estate, LLC
Plaintiff Counsel:     Patrick F. Moran of Gordon & Rees LLP
Defendant:     Realty Group I, LLC f/d/b/a Century 21 Realty Group I, Realty Group McCoun/82nd Street, LLC f/d/b/a Century 21 Realty Group, Kevin Kirkpatrick, John Dick, Phillip McCoun
Cause:    Trademark Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract, Audit Demand/Accounting, Unjust Enrichment
Court:    Southern District of Indiana
Judge:     Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

07 Thursday Jun 2012

Posted by Kenan Farrell in Bloggers, Branding, Indiana, Indianapolis, Intellectual Property, Litigation, Social Media, Southern District of Indiana, Tech Developments, Trademark

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Tags

Angie's List, Common Law Unfair Competition, Keyword Advertising, Litigation Update, Request for Preliminary and Permanent Injunctive Relief, Sarah Evans Barker, Tim A. Baker, Trade Disparagement, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment

Indiana finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

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