Tag Archives: Common Law Unfair Competition

Three Floyds Brewing sues Floyd’s Spiked Beverages for Trademark Infringement

26 Thursday Sep 2019

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

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Three Floyds Brewing is one of Indiana’s longest operating breweries, selling nationally-recognized delicious beers under the trademark THREE FLOYDS since 1996.

In 2018, the defendant Floyd’s Spiked Beverages began selling Spiked Lemonade and Spiked Ice Tea under the FLOYD’S trademark. The Defendants’ apparently lower quality beverages are sold within 20 miles of the Three Floyds brewery in Munster, Indiana. The Defendants also sell their product via a website at DrinkFloyds.com.

Three Floyds is already opposing one of Floyd’s trademark applications that claims “Alcoholic beverages, except beer.” The USPTO has refused Floyd’s other trademark application for “Beer-based coolers” based on a likelihood of confusion with Three Floyds’ registered trademarks.

The Complaint (below) spotlights several poor consumer reviews of the Defendants’ spiked beverages, but doesn’t mention any instances of actual consumer confusion.

Stay tuned for updates.

Three Floyds Brewing LLC v. Floyd’s Spiked Beverages LLC et al.

Court Case Number:  2:19-cv-00363
File Date: Wednesday, September 25, 2019
Plaintiff: Three Floyds Brewing LLC
Plaintiff Counsel: Glenn A. Rice, Esq., Carter S. Plotkin, Esq. of Funkhouser Vegosen Liebman & Dunn Ltd.
Defendant: Floyd’s Spiked Beverages LLC, Lawrence Trachtenbroit
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: TBD

Complaint: 

Atlas Van Lines sues Atlas Moving and Storage for Trademark Infringement, Unfair Competition

26 Monday Aug 2019

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

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The Plaintiffs in this trademark lawsuit have been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries. Atlas Van Lines is based in Evansville, Indiana.

The Defendant is alleged to have offered its services to the public under the fictitious business name “Atlas Moving and Storage” rather of its corporate name, American Wide Relocation Inc, constituting trademark infringement and unfair competition.

A Motion for Preliminary Injunction has also been filed so stay tuned for updates.

AWGI, LLC et al v. American Wide Relocation Inc

Court Case Number: 3:19-cv-00173-RLY-MPB
File Date: Friday, August 16, 2019
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha of Widerman Malek, PL
Defendant: American Wide Relocation Inc. d/b/a Atlas Moving and Storage
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

HVAC Manufacturer sues Indiana RV Manufacturer for Trademark Infringement

12 Monday Aug 2019

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

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The Plaintiff in this trademark lawsuit is Trane International, Inc., a well-known manufacturer of HVAC systems and controls. Since at least as early as 1992, Plaintiff has used the trademark BUILT TO A HIGHER STANDARD. Trane owns U.S. Trademark Registration Number 5,380,586 for the trademark BUILT TO A HIGHER STANDARD covering “air conditioners; furnaces; heat pumps” in Class 11 and “installation, repair, and maintenance of heating, ventilating, and air conditioning products” in Class 37.

The Defendant is a Middlebury, Indiana-based manufacturer of recreational vehicles. Defendants have allegedly used an identical BUILT TO A HIGHER STANDARD trademark in connection with temperature control devices incorporated into their recreational vehicles.

Plaintiff first contacted Defendant about the alleged infringement in March 2018 and underwent unsuccessful cease-and-desist negotiations until May 2019. Defendant has continued using the trademark despite Plaintiff’s numerous warnings, leading to this lawsuit.

Stay tuned for updates.

Trane International, Inc. v. Grand Design RV, LLC

Court Case Number: 3:19-cv-00598-DRL-MGG
File Date: Wednesday, August 7, 2019
Plaintiff: Trane International, Inc.
Plaintiff Counsel: John D. LaDue of SouthBank LegalL LaDue | Curran | Kuehn
Defendant: Grand Design RV, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Breach of contract leads to lawsuit over psychotherapy techniques, trademarks

30 Tuesday Jul 2019

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

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The Plaintiff in this lawsuit, Functional Family Therapy Associates, Inc. is a Seattle, Washington-based organization dedicated to training psychotherapists. Plaintiff utilizes a “Functional Family Therapy” protocol to help troubled youth and their families overcome a variety of behavioral problems. Plaintiff provides services in 33 U.S. states and 10 foreign countries.

The Defendants allegedly operate an entity in Bloomington, Indiana called Functional Family Therapy Associates, in violation of Plaintiff’s registered trademarks. One of the Defendants, Sexton, was previously a member of Plaintiff’s organization. More detailed facts are set forth in the (redacted) complaint below.

This lawsuit arises from a breach of contract and the Defendants’ false advertising, unfair competition, and service mark infringement resulting from Defendants’ unauthorized use of Plaintiff’s registered and common law intellectual property rights in Plaintiff’s unique and original family therapeutic services protocol and Plaintiff’s development, testing, training, and marketing thereof.

An unredacted Complaint was filed under seal pursuant to a confidentiality obligation in an agreement between the parties.

F.F.T., LLC v. Sexton, Ph.D et al

Court Case Number: 1:19-cv-03027-RLY-MJD
File Date: Friday, July 19, 2019
Plaintiff: F.F.T., LLC
Plaintiff Counsel: Holiday W. Banta, T. Earl LeVere, Megan Hedrick of Ice Miller LLP
Defendant: Thomas Sexton, Ph.D., Functional Family Therapy Associates, Inc., Astrid Van Dam
Cause: Breach of Contract, Wrongful Interference with Business Relationships and Prospective Business Advantages, Wrongful Interference with a Contractual Relationship, Unfair Competition, False Advertising, Federal Trademark Infringement, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Redacted Complaint:

Dispute over TERMINATOR fireworks name leads to trademark lawsuit

08 Monday Jul 2019

Posted by in Indiana, Intellectual Property, Litigation, Trademark

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This lawsuit involves a lengthy dispute, dating back almost two decades, over the ability to use the TERMINATOR trademark in connection with fireworks.

The Defendants apparently are using the TERMINATOR trademark pursuant to a license (which Plaintiff claims is invalid) so I’ll wait to see their Answer for more detailed information before I comment fully.

Stay tuned for updates.

North Central Industries, Inc. v. Winco Fireworks, Inc. et al.

Court Case Number: 1:19-cv-02720-RLY-MPB
File Date: Tuesday, July 2, 2019
Plaintiff: North Central Industries, Inc.
Plaintiff Counsel: John H. Brooke of Brooke | Stevens, P.C.
Defendant: Winco Fireworks, Inc., Winco Fireworks International, LLC, Creative Licensing Center Corp. 
Cause: Federal Trademark Infringement, Federal Trademark Dilution, False Designation of Origin, Federal Unfair Competition, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: