• Home
  • About
  • Contact
  • Disclaimer

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 – 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

≈ Leave a comment

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

View this document on Scribd

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

20 Thursday Sep 2012

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

≈ Leave a comment

Tags

Batman, Christopher A. Nuechterlein, Common Law Unfair Competition, Litigation Update, Philip P. Simon, Trademark Infringement, Unfair Competition

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

View this document on Scribd

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

≈ Leave a comment

Tags

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

View this document on Scribd

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Jane Magnus-Stinson, 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

View this document on Scribd

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

≈ Leave a comment

Tags

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:

View this document on Scribd

Exhibit A:

View this document on Scribd
← Older posts
Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (332)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (34)
  • Indiana (608)
  • Indianapolis (52)
  • Intellectual Property (671)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (602)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (217)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (371)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (369)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog
    Join 81 other subscribers

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar