Tag Archives: Deception

Delta Faucet Company sues Russian Counterfeiters over Unauthorized Amazon Sales

29 Monday Mar 2021

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

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Delta Faucet Company is going after Russian counterfeit faucet sellers in the Southern District of Indiana. In a lengthy and well-drafted Complaint (below), the Plaintiff details how a company’s trademarks are impacted by negative online marketplace reviews and unauthorized sellers. The lawsuit potentially exposes a gray market existing within Amazon’s “Fulfillment by Amazon” services that allows for counterfeit sales, leading to invalid product warranties, disgruntled consumers, and a damaged brand.

This lawsuit, along with Delta’s upgraded authorized seller policies (described in the Complaint), could serve as a good model for other companies dealing with online counterfeits. Although I predict the individual counterfeiters will simply disappear to continue on behind other aliases, Delta is likely more interested in getting an injunction to prevent further Amazon sales, setting precedent against counterfeiters and possibly allowing them to address the numerous unearned negative product reviews.

Stay tuned for updates.

Delta Faucet Company v. Iakovlev et al.

Court Case Number: 1:21-cv-00733-JRS-TAB
File Date: March 25, 2021
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Dmitrii Iakovlev, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint:

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

02 Wednesday Oct 2019

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

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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.

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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:

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

31 Monday Jul 2017

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

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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:

adidas sued for violating Jackie Robinson’s right of publicity

13 Thursday Jul 2017

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

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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:

 

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

10 Wednesday May 2017

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

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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: