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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Conversion

Georgia Used Car Dealership Software Company Sued for “Repeated and Brazen Actions”

20 Tuesday Oct 2020

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

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Common Law Unfair Competition, Conversion, Federal False Advertising, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim's Relief Act, Mark J. Dinsmore, Richard L. Young

The Defendant in this lawsuit, a used car dealership management software company from Georgia, is accused of “repeated and brazen actions…designed to deceive and sow confusion in the marketplace.” Among the alleged actions of Defendant are illegitimate procurement of Plaintiff’s proprietary Run Lists (i.e. “lists containing information regarding automobile auctions”), use of a “bastardized” version of Plaintiff’s logo, and falsely claiming affiliation with Plaintiff.

The Defendant is also accused of inappropriately using Plaintiff’s AUTONIQ trademark in keyword advertising. The Defendant further used the AUTONIQ trademark in a deceptive email campaign which caused Plaintiff to receive inquiries from confused consumers.

Is it just me, or does the “bastardized” logo (see Complaint paragraph 23) actually look more like a goose rather than a “lower in quality” version of the Plaintiff’s eagle?

I’ll reserve judgment until the Answer is filed, as complaints can’t be relied on for the entire story, but this paints the picture of a Defendant who is willing to flout trademark law for a perceived competitive advantage.

Stay tuned for updates.

Adesa, Inc. and Autoniq, LLC v. Laser Appraiser, LLC

Court Case Number: 1:20-cv-02433-RLY-MJD
File Date: September 21, 2020
Plaintiff: Adesa, Inc., Autoniq, LLC
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Laser Appraiser, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Federal False Advertising, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Conversion
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

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Dean Potter’s estate sues LG Electronics for unauthorized use of Moonwalk footage

02 Wednesday Oct 2019

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

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Common Law Unfair Competition, Conversion, Deception, False Association, False Endorsement, Infringement of Right of Publicity, James Patrick Hanlon, Tim A. Baker, Unjust Enrichment, Violation of Indiana Crime Victims' Act

An interesting right of publicity case involving the estate of the late extreme-sports athlete Dean Potter has been filed in the Southern District of Indiana. Mr. Potter’s estate is suing LG Electronics for unauthorized use of Mr. Potter’s likeness and appearance. In a commercial titled Listen. Think. Answer., LG uses footage from the movie Moonwalk, in which Mr. Potter traverses a highline tied to Cathedral Peak in Yosemite National Park as the full moon rises in the background, to advertise the LG OLED TV with AI.

Screen Shot 2019-10-02 at 10.11.59 AM.png

LG claims to have obtained a license to use the Moonwalk footage from Moonwalk’s director, Mikey Schaefer. However, the Complaint (below) asserts that Mr. Potter had signed a release for still photographs only, not video footage. Potter’s estate also maintains that Mr. Schaefer was not able to authorize licenses or sublicenses, meaning Schaefer could exploit the Moonwalk footage himself but not authorize third-party exploitation such as the LG commercial.

“Because Mr. Potter never consented to Mr. Schaefer’s trading in the invaluable equity of Mr. Potter’s likeness in Moonwalk, and/or his reputation as a highlining pioneer, to shill television sets, Mr. Schaefer could not license to Defendants Mr. Potter’s rights, including, inter alia, Potter’s publicity and common law trademark rights.”

This should be an interesting case to follow. Stay tuned for updates. RIP Dean Potter.

“Defendant’s advertisement of a product that enables a sedentary lifestyle, wherein material demands can be met without moving from the couch in the confines of one’s living room, is antithetical to what Mr. Potter stood for in life: an appreciation of the splendor of the outdoors and a celebration of the freedom to forge one’s own path in uncharted terrain.”

Dean Potter LLC v. LG Electronics USA, Inc.

Court Case Number: 1:19-cv-04085-JPH-TAB
File Date: Tuesday, October 1, 2019
Plaintiff: Dean Potter LLC
Plaintiff Counsel: John Tehranian, Jenny S. Kim of ONE LLP
Defendant: LG Electronics USA, Inc.
Cause: Infringement of Right of Publicity, False Association, False Endorsement, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Violation of Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

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Indiana brewery alleges rights in its CORN MAZE BEER FEST stolen by own marketing agency

31 Monday Jul 2017

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

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Common Law Unfair Competition, Conversion, Deception, False Designation of Origin, Fraud, Indiana Crime Victim's Relief Act, Jane Magnus-Stinson, Matthew P. Bookman, Theft, Tortious Interference with Economic Advantage

This trademark lawsuit arises out of a dispute over ownership of the term “Corn Maze Beer Fest.”

The Plaintiff, 450 North Brewing Co. of Columbus, Indiana, hosted an event under that name in 2016 in the fields surrounding their brewery.

The Defendant is an Indiana company specializing in marketing for craft beer events.

The parties had worked together (with only an unsigned agreement and oral contract) on the 2016 event but a dispute has arisen over ownership of the event name. Despite the parties terminating their business relationship in early 2017, Defendant appears to be moving forward with its own version of a CORN MAZE BEER FEST, still being actively promoted on the website that Plaintiff believes it should own.

Stay tuned for updates.

Brix Haus Brewing Inc. d/b/a 450 North Brewing Co. v. Indiana On Tap, LLC

Court Case Number: 1:17-cv-02529-JMS-MPB
File Date: July 27, 2017
Plaintiff: Brix Haus Brewing Inc. d/b/a 450 North Brewing Co.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: Indiana On Tap, LLC
Cause: False Designation of Origin, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception, Conversion, Theft, Fraud, Tortious Interference with Economic Advantage
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Matthew P. Bookman

Complaint:

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USA Football asserts ownership of “U.S. National Team” trademark, loses governing authority

10 Wednesday May 2017

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, Conversion, Deception, Denise K. LaRue, False Designation of Origin, Indiana Crime Victim's Relief Act, Larry J. McKinney, Unfair Competition, Unjust Enrichment

This lawsuit involves ownership of the “U.S. National Team” trademark. Plaintiff USA Football, Inc., the official youth football development partner of the NFL, claims exclusive use of the “U.S. National Team” mark since 2011.

Defendant, the U.S. Federation of American Football, is working to organize its own football team to participate in The World Games 2017 (held in Wrocław, Poland from July 20 – July 30, 2017) as the “U.S. National Team.”

Complicating matters is the fact that Plaintiff has recently lost its standing as the national governing body of American football. The International Federation of American Football (IFAF) withdrew recognition of Plaintiff’s authority in the USA due to “multiple, continuous and ongoing violations of the IFAF Anti-Doping Code.” With the expulsion of Plaintiff from IFAF, it’s not completely clear which, if any, organization is authorized to assemble a U.S. team for international competitions.

This case should get interesting so stay tuned for updates.

USA Football, Inc. v. U.S. Federation of American Football

Court Case Number: 1:17-cv-01395-LJM-DKL
File Date: Tuesday, May 2, 2017
Plaintiff: USA Football, Inc.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: U.S. Federation of American Football
Cause: Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

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Trademark Lawsuit filed in Indiana against Titleist, Cleveland Golf Club Counterfeiter

26 Monday Dec 2016

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

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Tags

Common Law Trademark Infringement, Conversion, Counterfeiting, Criminal Mischief, False Designation of Origin, Forgery, Mark J. Dinsmore, Richard L. Young, Theft, Trademark Counterfeiting, Trademark Infringement

Defendant, a resident of Carmel, Indiana, is accused of selling counterfeit golf clubs and golf accessories. In addition to trademark claims, the Complaint includes a wide range of Indiana code violations.

screen-shot-2016-12-26-at-5-01-48-pm

Acushnet Company et al. v. Nunns et al.

Court Case Number:1:16-cv-3379-RLY-TAB
File Date: Thursday, December 15, 2016
Plaintiff: Acushnet Company, Roger Cleveland Golf Company, Inc., Dunlop Sports Co. LTD
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister LLP
Defendant: Giorgio V. Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, Custom Golf Solutions, LLC d/b/a bogie’s nearly new golf d/b/a gnunns81 d/b/a golf customsolutions15
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Conversion, Forgery, Counterfeiting, Theft, Criminal Mischief
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

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