Tag Archives: False Advertising

Indiana Trademark Litigation Update – Agdia Inc. v. Jun Qiang Xia et al

17 Tuesday Feb 2015

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

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Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.

Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.

Court Case Number: 3:15-cv-00075
File Date: Monday, February 16, 2015
Plaintiff: Agdia Incorporated
Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP
Defendant: Jun Qiang Xia, AC Diagnostics, Inc.
Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Magistrate Judge: Christopher A. Nuechterlein

Indiana Trade Dress Litigation Update – Archetype Ltd. v. LTD Commodities LLC

08 Sunday Feb 2015

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

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This trade dress lawsuit involves battery-operated motion detecting lighting. Defendant has allegedly “willfully and deliberately pulled a ‘bait and switch’ on consumers by advertising [Plaintiff’s] high-end […] product and then shipping a low-end inferior lighting to consumers.” Plaintiff is located in New Jersey and Defendant is located in Illinois…jurisdiction purportedly arises from Defendant’s sales to Indiana consumers.

Archetype Ltd. v. LTD Commodities LLC

Court Case Number: 1:15-cv-00106-RLY-DKL
File Date: Monday, January 26, 2015
Plaintiff: Archetype Ltd.
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Trade Dress Infringement, False Designation of Origin or Sponsorship and Passing Off, False Advertising, Trade Dress Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

Indiana Trademark Litigation Update – Best Chairs Incorporated v. Factory Direct Wholesale

09 Friday May 2014

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

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Plaintiff, based in Ferdinand, Indiana, sells chairs and other furniture under the BEST CHAIRS trademark. Defendant is allegedly selling competing furniture products under the BESTCHAIR and BEST CHAIR marks. Despite multiple contacts from Plaintiff, Defendant has refused to refrain from selling under the allegedly infringing mark.

Best Chairs Incorporated v. Factory Direct Wholesale, LLC

Court Case Number: 3:14-cv-00067-RLY-WGH
File Date: Wednesday, May 07, 2014
Plaintiff: Best Chairs Incorporated
Plaintiff Counsel: Amy B. Berge of Bingham Greenebaum Doll LLP
Defendant: Factory Direct Wholesale, LLC
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Unfair Competition, False Advertising, False Designation of Origin, State Unfair Competition, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Sprint Solutions et al v. Reginald Aldridge et al

03 Monday Feb 2014

Posted by in Intellectual Property

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Plaintiff Sprint accuses three defendants of profiting from the illegal acquisition and resale of new Sprint phones. The Complaint is lengthy, detailing both Sprint’s business model and the Defendants’ alleged “Bulk Handset Theft and Trafficking Scheme,” in addition to fourteen claims. Presumably, in addition to civil penalties, the actions alleged by the Plaintiffs could also result in criminal penalties for Defendants.

Sprint Solutions, Inc. et al v. Reginald Aldridge et al

Court Case Number: 1:14-cv-00128-TWP-DML
File Date: Wednesday, January 29, 2014
Plaintiff: Sprint Solutions, Inc., Sprint Communications Company LP, Boost Worldwide, Inc.
Plaintiff Counsel: Matthew B. Millis, John D. Waller of Wooden & McLaughlin LLP
Defendant: Reginald Aldridge, Arrice Aldridge, Damion Transou
Cause: Unfair Competition, Tortious Interference with Business Relationships and Prospective Advantage, Civil Conspiracy, Unjust Enrichment, Conspiracy to Induce Breach of Contract, Common Law Fraud, Fraudulent Misrepresentation, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Federal Trademark Infringement, Common Law Trademark Infringement, False Advertising, Contributory Trademark Infringement, Conversion
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Wounded Warrior Project sues Indiana Veteran over Critical Comments on Website

25 Monday Nov 2013

Posted by in Intellectual Property, Nonprofit

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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