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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Contributory Trademark Infringement

Jasper-based Kimball International files lawsuit to enforce KIMBALL trademark

27 Wednesday Apr 2016

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

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Tags

Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Deception, False Designation of Origin, Federal Trademark Infringement, Indiana Crime Victim's Relief Act, Litigation Update, Michael P. Brookman, Richard L. Young

Plaintiff, Kimball International, Inc., has been selling furniture under the KIMBALL trademark since 1970. Plaintiff owns several trademark registrations, including the following:

Screen Shot 2016-04-27 at 8.50.57 AM

According to the Complaint (below), it was recently brought to Plaintiff’s attention that Defendant, a California-based furniture importer and distributor, had also begun selling “KIMBALL” furniture through its own website and retail partners.

Screen Shot 2016-04-27 at 8.42.40 AM

A cease-and-desist letter was sent by Plaintiff on March 29, 2016, apparently to no effect. Stay tuned for updates.

KIMBALL INTERNATIONAL, INC. v. COA, INC.

Court Case Number: 3:2016-cv-00054 840
File Date: Monday, April 25, 2016
Plaintiff: Kimball International, Inc.
Plaintiff Counsel: Louis T. Perry of Faegre Baker Daniels LLP
Defendant: COA, Inc. d/b/a Coaster Company of America
Cause: Federal Trademark Infringement, False Designation of Origin, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Michael P. Brookman

Complaint:

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Indiana Trademark Litigation Update – Sprint Solutions et al v. Reginald Aldridge et al

03 Monday Feb 2014

Posted by Kenan Farrell in Intellectual Property

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Tags

Civil Conspiracy, Common Law Fraud, Common Law Trademark Infringement, Conspiracy to Induce Breach of Contract, Contributory Trademark Infringement, Conversion, Debra McVicker Lynch, False Advertising, Federal Trademark Infringement, Fraudulent Misrepresentation, Litigation Update, Tanya Walton Pratt, Tortious Interference with Business Relationships, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Unfair Competition, Unjust Enrichment

Plaintiff Sprint accuses three defendants of profiting from the illegal acquisition and resale of new Sprint phones. The Complaint is lengthy, detailing both Sprint’s business model and the Defendants’ alleged “Bulk Handset Theft and Trafficking Scheme,” in addition to fourteen claims. Presumably, in addition to civil penalties, the actions alleged by the Plaintiffs could also result in criminal penalties for Defendants.

Sprint Solutions, Inc. et al v. Reginald Aldridge et al

Court Case Number: 1:14-cv-00128-TWP-DML
File Date: Wednesday, January 29, 2014
Plaintiff: Sprint Solutions, Inc., Sprint Communications Company LP, Boost Worldwide, Inc.
Plaintiff Counsel: Matthew B. Millis, John D. Waller of Wooden & McLaughlin LLP
Defendant: Reginald Aldridge, Arrice Aldridge, Damion Transou
Cause: Unfair Competition, Tortious Interference with Business Relationships and Prospective Advantage, Civil Conspiracy, Unjust Enrichment, Conspiracy to Induce Breach of Contract, Common Law Fraud, Fraudulent Misrepresentation, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Federal Trademark Infringement, Common Law Trademark Infringement, False Advertising, Contributory Trademark Infringement, Conversion
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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