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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Debra McVicker Lynch

Mobile App Developer sued for Trademark Infringement, Counterfeiting

21 Thursday Jan 2021

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

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Counterfeiting, Debra McVicker Lynch, James R. Sweeney II, Nominative Fair USe, Trademark Infringement

The Plaintiff in this lawsuit, Midcontinent Independent System Operator (MISO), operates one of the world’s largest energy markets with more than $29 billion in annual gross market energy transactions. MISO provides power to 15 U.S. states and Manitoba.

The Defendant, an individual, is alleged to have created a mobile application called “Midcontinent ISO with Realtime Dashboard” that infringes MISO’s trademarks and misleads the consuming public that MISO produced or approves of the application. The Complaint also raises a concern that users are being tricked into entering legitimate MISO credentials into the non-endorsed application.

The purpose of the mobile application is unclear from the Complaint, but it seems to provide information about Plaintiff’s services, tracking energy rates and the status of the power grid. As such, perhaps the Defendant can articulate a “nominative fair use” defense, if use of the Plaintiff’s trademark was necessary to identify the Plaintiff’s products or services, and the Plaintiff’s trademarks weren’t used to suggest endorsement. However, the Defendant’s app also prominently featured Plaintiff’s design mark, which could undermine any fair use defense.

A review of Defendant’s Google Play store shows that they offer similar apps for other energy providers, including NYISO:

The Google Play listing and the app photos don’t contain the usual disclaimers that you’d want to see to best support a “nominative fair use” defense. The Midcontinent ISO application was removed from the Google Play store on January 11, 2021 and remains down today. The Complaint requests injunctive relief to prevent a future relaunch of the application.

Stay tuned for updates.

Midcontinent Independent System Operator, Inc. v. Sullivan

Court Case Number: 1:21-cv-00143-JRS-DML
File Date: January 18, 2021
Plaintiff: Midcontinent Independent System Operator, Inc.
Plaintiff Counsel: Kevin W. Kirsch, David A. Mancino, Kevin P. Flynn of Baker & Hostetler LLP
Defendant: James F. Sullivan a.k.a. Jim Cassidy
Cause: Trademark Infringement, Counterfeiting
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Sunman BP sued for selling counterfeit Oakley sunglasses

18 Friday May 2018

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, Counterfeiting, Debra McVicker Lynch, False Advertising, False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Tanya Walton Pratt, Unjust Enrichment

The defendants in this counterfeiting lawsuit are the owners and operators of a BP gas station located in Sunman, Indiana, who are accused of selling counterfeit Oakley sunglasses. The counterfeit products were observed for sale in the store by Plaintiff’s representatives.

The plaintiff, Oakley, Inc., seeks damages and injunctive relief.

Oakley, Inc. v. Sunman BP et al.

Court Case Number: 4:18-cv-00085-TWP-DML
File Date: Wednesday, May 16, 2018
Plaintiff: Oakley, Inc.
Plaintiff Counsel: Jason D. Groppe, Esq., Logan S. Bednarczuk, Esq.
Defendants: Swami Property Sunman Inc. dba Sunman BP, Chirag Patel, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Federal Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

BioSweep vs. BioClean…are you confused?

01 Tuesday May 2018

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

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Breach of Franchise Agreement, Common Law Trademark Infringement, Conspiracy, Contributory Trademark Infringement, Debra McVicker Lynch, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, William T. Lawrence

The Defendants in this lawsuit are accused of violating the non-compete provisions of a terminated Franchise Agreement, as well as operating the competing business with a confusingly similar trademark, BioClean vs. the Plaintiff’s registered BioSweep trademark.

The Defendants allegedly also still claim to use Plaintiff’s “BioSweep System” equipment on their website, creating a false impression of a relationship with Plaintiff, and reference their competing company as “BioSweep of the Gulf Coast” in at least one instance.

Stay tuned for updates.

Phocatox Technologies, LLC v. Wiersig et al.

Court Case Number: 1:18-cv-01298-WTL-DML
File Date: Friday, April 27, 2018
Plaintiff: Phocatox Technologies, LLC
Plaintiff Counsel: Bryan S. Redding, Britton A. Jared of Redding Law, LLC
Defendants: Jerry D. Wiersig, Todd M. Hoffman, BioClean Remediation, LLC (AL), and BioClean Remediation, LLC (OK)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Contributory Trademark Infringement, Breach of Franchise Agreement, Conspiracy, Federal Unfair Competition, State Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Indy’s COMFORT STAY INN sued for trademark infringement by owner of COMFORT INN

17 Monday Jul 2017

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

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Debra McVicker Lynch, False Designation of Origin, Federal Trademark Infringement, Indiana Trademark Infringement, Indiana Unfair Competition, Tanya Walton Pratt

The Plaintiff in this trademark lawsuit is one of the largest lodging franchisors in the world. Among its many well-known brands are COMFORT INN and COMFORT SUITES. Plaintiff has used its family of COMFORT trademark since at least 1984.

Defendant operates a hotel in Indianapolis, Indiana under the name “Comfort Stay Inn.” Defendant’s utilizes the domain name comfortstayinn.com.

Cease-and-desist coomunications from Plaintiff’s attorney were unsuccessful, hence this lawsuit. Plaintiff asserts that Defendant’s hotel name is confusingly similar and has irreparably damaged the value of the COMFORT family of marks.

Choice Hotels International, Inc. v. American Hospitality Solution, LLC

Court Case Number: 1:17-cv-02402-TWP-DML
File Date: Friday, July 14, 2017
Plaintiff: Choice Hotels International, Inc.
Plaintiff Counsel: Calvert S. Miller of Carson Boxberger LLP
Defendant: American Hospitality Solution, LLC
Cause: Federal Trademark Infringement, False Designation of Origin, Indiana Trademark Infringement, Indiana Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

adidas sued for violating Jackie Robinson’s right of publicity

13 Thursday Jul 2017

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

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adidas, Common Law Unfair Competition, Debra McVicker Lynch, Deception, False Endorsement, Tanya Walton Pratt, Unfair Competition, Unjust Enrichment, Violation of Right of Publicity

This lawsuit involves adidas’ alleged infringement of the right of publicity of deceased baseball player Jackie Robinson.

The plaintiff, CMG Worldwide Inc., headquartered in Indianapolis, Indiana, is the exclusive worldwide agent and representative for the estate of Jackie Robinson.

adidas allegedly, without authorization from Plaintiff, created and promoted merchandise based on the 70th anniversary of Jackie Robinson’s first appearance as a Brooklyn Dodger. The products were promoted heavily by adidas and sponsored athletes on April 15, 2017…”Jackie Robinson Day.”

Plaintiff asks for an injunction against further sales, recovery for damages suffered, disgorgment of all of adidas’ profits and attorneys’ fees and costs, so there’s a lot on the line for adidas. Stay tuned for updates.

CMG Worldwide, Inc. v. adidas AG et al.

Court Case Number: 1:17-cv-02356-TWP-DWL
File Date: Tuesday, July 11, 2017
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: adidas AG, adidas America, Inc.,  Does 1-10
Cause: False Endorsement, Unfair Competition, Violation of Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Deception
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

 

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