Tag Archives: Damon R. Leichty

Northern Indiana Chiropractors fight over “Legacy” Trademark

13 Tuesday Aug 2024

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

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A Shipshewana, Indiana-based chiropractor has been operating under the name Legacy Chiropractic since March 2018.

41 miles away, in Warsaw, Indiana, another chiropractor began operating as Legacy Family Chiropractic around March 2020. Prior to opening, the Warsaw chiropractor’s wife had allegedly inquired about purchasing the rights to the name. There was no agreement to sell the name per the Complaint (below), but the Warsaw chiropractor still proceeded with a “Legacy” name.

After 4 years of coexistence, perhaps not always peaceful, a federal trademark application was filed by the Shipshewana chiropractor on July 29, 2024. On the same morning, an Indiana state trademark registration was applied for and obtained by the Warsaw chiropractor, quickly resulting in a few weeks of back-and-forth attorney communications and now a lawsuit in the Northern District of Indiana.

Stay tuned for updates.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC

Court Case Number: 3:24-cv-00668-DRL-MGG
File Date: August 9, 2024
Plaintiff: Legacy Chiropractic, LLC
Plaintiff Counsel: D. Randall Brown, Michael E. Wever of Barnes & Thornburg LLP
Defendant: Legacy Family Chiropractic LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Anti-Cybersquatting, Unfair Competition and Deceptive Trademark Practices, Cancellation of Indiana State Trademark Registration
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Forest River sues RV Branding Company Sharpline for Contributory Trademark Infringement

08 Monday Jul 2024

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

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Forest River recently settled a trademark lawsuit for $2 million against inTech Trailers, a competing RV manufacturer. Apparently not all guilty parties have faced justice, as Forest River has filed a new lawsuit against the company that provided branding services to inTech, Sharpline Converting from Wichita, Kansas (“Sharpline”). Sharpline assists with the production, design and manufacturing of RVs, as well as providing branding services. Unsurprisingly, Sharpline has an office and does significant business in Elkart, Indiana, the RV Capital of the World.

As detailed in the Complaint (below), the same Sharpline employee was secretly providing design services to both Forest River and inTech at the time of the alleged infringement. The Complaint includes a single claim of Contributory Trademark Infringement, asserting that Sharpline should be jointly and severally liable with inTech for the infringement.

Stay tuned to this blog for monthly IP updates with the latest on this lawsuit and all other pending Indiana copyright and trademark lawsuits.

Forest River, Inc. v. Sharpline Converting, Inc.

Court Case Number: 3:24-cv-00541-DRL-MGG
File Date: July 2, 2024
Plaintiff: Forest River, Inc.
Plaintiff Counsel: Philip R. Bautista, JoZeff W. Gebolys, Michael C. Terrell, Tracy N. Betz of Taft Stettinius & Hollister LLP
Defendant: Sharpline Converting, Inc.
Cause: Contributory Trademark Infringement
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch Sr.

Complaint:

Trade Dress Lawsuit filed in Indiana over Trailer Axle Hubcaps

04 Monday Mar 2024

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

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An Elkhart, Indiana-based hubcap manufacturer has been sued for trademark and trade dress infringement. The plaintiff, Valcrum of Cypress, Texas, manufactures hubcaps for medium-duty (8,000-16,000 pounds) trailer axles. Valcrum’s axles use a distinctive design consisting of a “signature red hex bezel having a hexagonal outer perimeter and an inner diameter.”

The defendant, Dexter Axle Company, has an extensive business history with Valcrum. The ultimate result of the breakdown of their business relationship, as detailed in the Complaint below, was Dexter producing its own line of axle hubcaps, which allegedly violate the plaintiff’s trademark and trade dress rights. The Complaint also alleges numerous violations of a nondisclosure agreement executed by the parties in 2020.

Stay tuned for updates.

Valcrum, LLC v. Dexter Axle Company, LLC

Court Case Number: 3:24-cv-00190-DRL-MGG
File Date: March 1, 2024
Plaintiff: Valcrum, LLC
Plaintiff Counsel: Andrew J. Chabot of Botkin & Hall, LLP
Defendant: Dexter Axle Company, LLC
Cause: Breach of Contract, Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Trade Dress Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Fort Wayne Company sued for sale of Unauthorized Animal Health Supplements on Amazon

09 Friday Feb 2024

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

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Nutramax Laboratories (“Nutramax”), the plaintiff in Indiana’s latest trademark lawsuit, produces health supplements for companion animals. Nutramax distributes its products through multiple trade channels, including through resellers that only have an online sales outlet. Nutramax’s resellers are required to sign an Authorized Reseller Agreement which includes requirements around product quality and customer service.

The defendants, a Fort Wayne company, are allegedly unauthorized resellers that are selling Nutramax products on the Amazon Marketplace. The defendants have not signed the Authorized Reseller Agreement.

Nutramax’s counsel sent cease-and-desist communications in October 2023 and January 2024, but apparently have not received a response and the unauthorized Amazon sales have continued. As such, Nutramax now seeks the assistance of the Northern District of Indiana to enforce its trademark rights.

Stay tuned for updates.

Nutramax Laboratories, Inc. et al. v. CNB Retailers, LLC et al.

Court Case Number: 3:24-cv-00129-DRL-MGG
File Date: February 8, 2024
Plaintiff: Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences Inc.
Plaintiff Counsel: Mark D. Boveri of Krieg Default LLP
Defendant: CNB Retailers, LLC d/b/a Amazon Seller Account “UniversalExports”; Brett Hart; Christina Miller
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Description, Indiana Common Law Tortious Interference with a Contract
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

LaPorte Video Game Arcade sued for Trademark Infringement

27 Thursday Jul 2023

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

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Full Tilt Arcade & Pinball is a video game arcade in LaPorte, Indiana. It was opened by two friends in October 2022.

Unfortunately for Full Tilt, Nickels and Dimes Incorporated of Celina, Texas, has been using the TILT trademark in connection with video game arcades since 1977. There have been over 200 “Tilt” locations nationwide and 2 in Australia. Nickels and Dimes also uses the TILT STUDIO and TILTED 10 trademarks for larger entertainment facilities.

Alleging trademark infringement, Nickels and Dimes sent a cease-and-desist letter to Full Tilt on June 22, 2023, to which Full Tilt responded that it would not comply. Undaunted, Nickels and Dimes now seeks intervention from the Federal Court for the Northern District of Indiana.

Stay tuned for updates.

Nickels and Dimes Incorporated v. Noah’s Arcade, LLC d/b/a Full Tilt et al.

Court Case Number: 3:23-cv-00699-DRL-MGG
File Date: July 25, 2023
Plaintiff: Nickel and Dimes Incorporated
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister, LLP
Defendant: Noah’s Arcade, LLC d/b/a Full Tilt, Ben Konowitz, Ryan Hart
Cause: Federal Trademark Infringement, Federal Unfair Competition, Cybersquatting, Common Law Unfair Competition
Court: Northern District of Indiana
Judge:  Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint: