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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Defamation

Hot Girl Walk v. Hot Walk Indy…are you confused?

17 Wednesday Jul 2024

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

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Tags

Business Disparagement, Common Law Trademark Infringement, Common Law Unfair Competition, Defamation, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Jane E. Magnus-Stinson, Tim A. Baker, Tortious Interference with Business Relationship

An Indianapolis-based inclusive walking group is being sued for trademark infringement by the national walking group which had inspired its original name. The plaintiff operates a national women’s walking group called Hot Girl Walk, a name inspired by Megan Thee Stallion’s song “Hot Girl Summer.” The group promotes walking events for women across the country and has some significant sponsorships. In 2019, the defendant started a walking group called Hot Girl Walk Indy, which was later shortened to Hot Walk Indy. If this was the extent of the conflict, I suspect a federal lawsuit might never have been filed. However, while the trademark infringement claims in the Complaint (below) are the focus of this IP blog, the plaintiff was likely more concerned about an alleged series of defamatory statements, doxing, and aggressive bullying, all detailed in the Complaint. Standing alone, Hot Walk Indy might not cause a conflict with Hot Girl Walk, but when it’s combined with a group campaign of actively seeking to undermine the Hot Girl Walk brand, it puts a plaintiff in a position where they have to file a lawsuit.

It’s difficult to see how keeping the name of a relatively new local walking group would be worth the cost of defending a federal lawsuit, but perhaps the defense funds can be crowdfunded among the group. Considering the other activities detailed in the Complaint, the defendant may already be in too deep despite what name they use and the other group members may stay away for fear of being named as additional defendants.

Stay tuned for updates.

Hot Girl Walk LLC v. Springer d/b/a Hot Walk Indy

Court Case Number: 1:24-cv-01187-JMS-TAB
File Date: July 15, 2024
Plaintiff: Hot Girl Walk LLC
Plaintiff Counsel: Joseph R. Delehanty of Dickinson Wright PLLC
Defendant: Casey Springer d/b/a Hot Walk Indy
Cause: Tortious Interference with Business Relationship, Defamation, Business Disparagement, Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Jane E. Magnus-Stinson
Referred To: Tim A. Baker

Complaint:

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“Franchise Conversion Scheme” alleged against Community Newsletter publisher

11 Thursday May 2017

Posted by Kenan Farrell in Intellectual Property

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Tags

Accounting, Actual or Constructive Fraud, Breach of Contract, Breach of Fiduciary Duties, Common Law Trademark Infringement, Copyright Infringement, Declaratory Judgment, Defamation, Denise K. LaRue, Federal Trademark Infringement, Franchise Fraud, Indiana Crime Victims' Act, Indiana Trademark Infringement, Individual Liability, Larry J. McKinney, Permanent Injunction, Preliminary Injunction, Stored Communications Act, Tortious Interference, Unfair Competition

This lengthy complaint, with 17 (!) causes of action, details an alleged “Franchise Conversion Scheme” by the Defendants. The case was initially filed in Johnson County Superior Court but has been removed to the Southern District of Indiana.

Chilly Panda, LLC v. Britt Interactive LLC et al.

Court Case Number: 1:17-cv-01544-LJM-DKL
File Date: Wednesday, May 10, 2017
Plaintiff: Chilly Panda Media, LLC
Plaintiff Counsel: Matthew M. Cree of Law Office of Matthew M. Cree, LLC, P. Adam Davis of Davis and Sarbinoff, LLC
Defendant: Britt Interactive, LLC, Townepost Network, Inc., Tom Britt, Jeanne Britt, Josh F. Brown
Cause: Federal Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Contract, Tortious Interference, Breach of Fiduciary Duties, Defamation, Franchise Fraud, Actual or Constructive Fraud, Stored Communications Act, Accounting, Individual Liability, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

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Indiana Trademark Litigation Update – Property Damage Appraisers v. John Mosley et al

17 Wednesday Sep 2014

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

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Tags

Defamation, Federal Unfair Competition, Litigation Update, Mark J. Dinsmore, Notice of Removal, Richard L. Young, State Unfair Competition, Tortious Interference with Business Relationships

Property Damage Appraisers Inc. v. John Mosley et al

Court Case Number: 1:14-cv-01490-RLY-MJD
File Date: Friday, September 12, 2014
Plaintiff: Property Damage Appraisers Inc.
Plaintiff Counsel: Derek R. Molter of Ice Miller LLP
Defendant: John Mosley, Clinton Body Shop Inc.
Cause: Federal Unfair Competition, State Unfair Competition, Defamation, Tortious Interference with Business Relationships
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

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Wounded Warrior Project sues Indiana Veteran over Critical Comments on Website

25 Monday Nov 2013

Posted by Kenan Farrell in Intellectual Property, Nonprofit

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Tags

Censorship, Common Law Unfair Competition, Criminal Deception, Debra McVicker Lynch, Defamation, False Advertising, Litigation Update, Richard L. Young, Tortious Interference with Business Relationships, Unjust Enrichment

Plaintiff, Wounded Warrior Project, is a Virginia-based nonprofit that claims to provide comfort items to service members injured in combat. Defendant Help Indiana Vets operates an Indiana-based website (run by a U.S. Army veteran) that is critical of Plaintiff’s operations, asserting that “Wounded Warrior Project is a Fraud.” Wounded Warrior Project responded by filing this lawsuit in an attempt to force Defendant to change the website.

All Veterans Memorial

Defendant seems intent on fighting the lawsuit on behalf of “all Wounded Warriors” and is soliciting donations for a legal defense fund. Veterans, bloggers, free speech and anti-censorship advocates will likely be interested in supporting Defendant in this litigation but it will be an uphill battle since Plaintiff already has a team of high-powered attorneys.

Stay tuned for updates.

Wounded Warrior Project, Inc. v. Help Indiana Vets, Inc. et al

Court Case Number: 1:13-cv-01857-RLY-DML
File Date: Thursday, November 21, 2013
Plaintiff: Wounded Warrior Project, Inc.
Plaintiff Counsel: Jessica M. Lindemann of Barnes & Thornburg LLP
Defendant: Help Indiana Vets, Inc., Dean M. Graham
Cause: False Advertising, Criminal Deception, Defamation, Common Law Unfair Competition, Tortious Interference with Business Relationships, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Copyright Litigation Update – Sissom v. Snow

01 Saturday Jun 2013

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

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Tags

Amazon, Copyright Infringement, Defamation, Intentional Infliction of Emotional Distress, Litigation Update, Penguin, Tim A. Baker, William T. Lawrence

Carol L. Sissom v. Robert L. Snow et al

Court Case Number: 1:13-cv-00882-WTL-TAB
File Date: Thursday, May 30, 2013
Plaintiff: Carol L. Sissom
Plaintiff Counsel: Maria Matters of Maria Matters at Law
Defendant: Robert L. Snow, Berkley Publishing Group, Penguin Group (USA) Inc., Barnes and Nobel Booksellers, Inc., Amazon, Inc.
Cause: Copyright Infringement, Intentional Infliction of Emotional Distress, Defamation
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

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