• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Deceptive Trade Practices

Great Divide Brewing sues Red Yeti Brewing over Yeti trademarks

06 Monday Jun 2016

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, Deceptive Trade Practices, False Designation of Origin, Federal Dilution, Tanya Walton Pratt, Trademark Infringement, Unfair Competition

Denver-based Great Divide Brewing Company has been using the registered trademark YETI in connection with “Beer and Ale” since 2005. Specifically, Great Divide has a range of imperial stouts utilizing the Yeti word mark and a design mark of the outline of a yeti, the pose closely emulating the gait from the famous Bigfoot video. Great Divide’s yeti is usually white on packaging and marketing materials, but sometimes red.

Screen Shot 2016-06-06 at 6.22.07 AM

Jeffersonville, Indiana-based The Red Yeti, a restaurant/brewpub serving a limited selection of its own beer (currently a porter and hefeweizen), recently celebrated its second anniversary. Their logo is, not surprisingly, a red yeti in the typical walking pose.

Screen Shot 2016-06-06 at 6.17.42 AM

When Red Yeti failed to satisfactorily meet Great Divide’s cessation demands, this lawsuit was filed. Stay tuned for updates.

Great Divide Brewing Company v. Red Yeti Brewing Company, Inc.

Court Case Number: 4:16-cv-00084-TWP-DML
File Date: Friday, June 3, 2016
Plaintiff:
Great Divide Brewing Company
Plaintiff Counsel:
Michael W. McClain, Robert W. DeWees, III of McClain DeWees, PLLC
Defendant: Red Yeti Brewing Company, Inc.
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Federal Dilution, Common Law Unfair Competition, Common Law Trademark Infringement, Deceptive Trade Practices
Court: 
Southern District of Indiana
Judge:
Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Indiana Copyright Litigation Update – Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

20 Wednesday Oct 2010

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

≈ Leave a comment

Tags

Copyright Infringement, Deceptive Trade Practices, False Designation of Origin, Joseph S. Van Bokkelen, Litigation Update, Roger B. Cosbey, Trade Dress Infringement, Unfair Competition

Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

This case involves “barge thrusters”…think gigantic outboard motors for barges…and the copyrighted instructions thereto. Defendant allegedly bought a few barge thrusters from Plaintiff, slapped its own trademark on the thrusters, took a few pictures, and attempted to resell the product along with false claims regarding the thruster’s physical capabilities. Defendant is also alleged to have copied photographs and descriptions from Plaintiff’s copyrighted instructions.

Court Case Number: 1:10-cv-00344-JVB -RBC
File Date: Monday, October 04, 2010
Plaintiff: Hydraulic Marine Systems Inc.
Plaintiff Counsel: D. Randall Brown and Jennifer Rae Tudor of Barnes & Thornburg LLP
Defendant: Mid-America Foundation Supply Inc.
Cause: Copyright Infringement, False Designation of Origin, Trade Dress Infringement, Unfair Competition and Deceptive Trade Practices
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Categories

  • Artists (21)
  • Authors (19)
  • Bloggers (36)
  • Branding (27)
  • Business Law (8)
  • Copyright (289)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (537)
  • Indianapolis (45)
  • Intellectual Property (593)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (529)
  • Musicians (12)
  • Nonprofit (5)
  • Northern District of Indiana (178)
  • Patent (43)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (55)
  • Southern District of Indiana (320)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (24)
  • Trade Secret (15)
  • Trademark (317)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Follow Following
    • Indiana Intellectual Property Blog
    • Join 75 other followers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...