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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: False Advertising

Indiana Trademark Litigation Update – Eli Lilly files 2 lawsuits over pet brands ELANCO, COMFORTIS, TRIFEXIS and PANORAMIS

17 Sunday Nov 2013

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

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Tags

Debra McVicker Lynch, False Advertising, Jane Magnus-Stinson, Litigation Update, Richard L. Young, State Unfair Competition, Tim A. Baker, Trademark Infringement, Unfair Competition

Eli Lilly has filed two related cases involving its many lines of pet medicines, including ELANCO veterinary preparations, COMFORTIS flea-control preparations and TRIFEXIS and PANORAMIS pet medicines. The Defendants allegedly advertise and sell Australian and European version of the pet medicines branded with Eli Lilly’s trademarks through their respective websites.

Eli Lilly and Company v. Graham Nelson et al

Court Case Number: 1:13-cv-01800-JMS-DML
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Graham Nelson, Zoja Pty. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Eli Lilly and Company v. Sebastian Wiradharma et al

Court Case Number: 1:13-cv-01802-RLY-TAB
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Sebastian Wiradharma, Singpet Pte. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – Master Cutlery v. Pacific Solution Marketing

18 Saturday May 2013

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

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Common Law Copyright Infringement, Common Law Trademark Infringement, Copyright Infringement, Counterfeiting, Debra McVicker Lynch, False Advertising, False Designation of Origin or Sponsorship, Jane Magnus-Stinson, Litigation Update, Theft, Trade Dress Infringement, Trademark Dilution, Trademark Infringement, Unfair Competition

Master Cutlery, Inc. v. Pacific Solution Marketing, Inc.

Court Case Number: 1:13-cv-00819-JMS-DML
File Date: Friday, May 17, 2013
Plaintiff: Master Cutlery, Inc.
Plaintiff Counsel: Darlene R. Seymour Attorney at Law
Defendant: Pacific Solution Marketing, Inc.
Cause: Trademark Infringement, Copyright Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Copyright Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Trademark Litigation Update – XP Innovation v. Ian Smith

13 Saturday Apr 2013

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, False Advertising, False Designation of Origin, Litigation Update, Richard L. Young, Trademark Infringement, Unfair Competition, William G. Hussmann

This appears to be Indiana’s first “Sponsored” ad case. Anyone who uses Facebook has seen the “Sponsored” ads on the right side of their screen. Those ads are one of the primary ways that Facebook makes money. Similar to the “keyword advertising” cases revolving around Google’s keyword searches, it now appears the time has come to litigate over what constitutes an acceptable use of someone else’s trademark in one of Facebook’s sponsored ads.

Quick summary of the facts:

1. Defendant ran the following Sponsored ad on Facebook:

Dans Comp Ad

2. Clicking the link takes users to a separate website where they complete a survey and enter their name, email and phone number in hopes of winning a free Dan’s Comp bicycle. Due to the prominent use of the Dan’s Comp logo, that website appears to be affiliated with Dan’s Comp (although it is not).

3. Nobody ever wins a bicycle.

4. Dan’s Comp’s reputation is damaged and the consuming public is potentially harmed.

Stay tuned for updates.

XP Innovation LLC v. Ian Smith

Court Case Number: 3:13-cv-00106-RLY-WGH
File Date: Friday, April 12, 2013
Plaintiff: XP Innovation LLC
Plaintiff Counsel: Amie P. Carter, Louis T. Perry of Baker & Daniels
Defendant: Ian Smith
Cause: Trademark Infringement, Unfair Competition and False Designation of Origin, False Advertising, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Trademark Litigation Update – Robert Payne v. Northern Tool & Equipment Company

28 Thursday Mar 2013

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

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Tags

Andrew P. Rodovich, Breach of Contract, False Advertising, False Description of Origin, Injunction, Jon E. DeGuilio, Litigation Update, Palming Off, Trademark Infringement, Unfair Competition

Robert Payne v. Northern Tool & Equipment Company Inc. et al

Court Case Number: 2:13-cv-00109-JD-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R. Hall of Law Office of Edward Hall
Defendant: Northern Tool & Equipment Company Inc., Northern Tool & Equipment Catalog Company
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Breach of Contract; Injunction
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Andrew P Rodovich

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Indiana Trademark Litigation Update – Robert Payne v. Bucket Solutions

28 Thursday Mar 2013

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

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Tags

Andrew P. Rodovich, False Advertising, False Description of Origin, Injunction Relief, Litigation Update, Palming Off, Theresa L. Springmann, Trademark Infringement, Unfair Competition

Robert Payne v. Bucket Solutions LLC

Court Case Number: 2:13-cv-00110-TLS-APR
File Date: Wednesday, March 27, 2013
Plaintiff: Robert Payne
Plaintiff Counsel: Edward R Hall of Law Office of Edward Hall
Defendant: Bucket Solutions LLC
Cause: Trademark Infringement False Description of Origin, Palming Off and False Advertising; Unfair Competition by Infringement of Common Law Rights; Injunction Relief
Court: Northern District of Indiana
Judge: Judge Theresa L Springmann
Referred To: Magistrate Judge Andrew P Rodovich

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