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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: False Description of Origin

Nelson Alarm sues Former Co-owner over nelsonalarm.net

14 Wednesday Oct 2026

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

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Tags

Anticybersquatting Consumer Protection Act, Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, False Description of Origin, Federal Unfair Competition, James Patrick Hanlon, Litigation Update

In April 2015, Security Masters Corporation bought the assets of Nelson Alarm, Inc. The deal, an asset purchase agreement that Daniel E. Nelson signed personally, included the “Nelson Alarm” business and trademark name and the goodwill that went with it. Security Masters has done business as Nelson Alarm in Indianapolis since the closing. It says it has used the name continuously for the sale and installation of home and business security systems.

In July 2026, Security Masters learned that nelsonalarm.net had been registered on April 19, 2024, and was redirecting traffic to dnaintegrators.com, the site of D-N-A Integrators, Inc. Daniel E. Nelson is the founder and president of that company. The Complaint (below) says the two firms sell to the same buyers. A letter went out on July 8, 2026, demanding that the use stop and that the domain be transferred. The redirect came down. The parties were otherwise unable to find a suitable resolution. Security Masters now seeks the intervention of the Southern District.

Security Masters Corporation d/b/a Nelson Alarm v. D-N-A Integrators, Inc. and Daniel E. Nelson

Court Case Number: 1:26-cv-02112-JPH-MKK
File Date: October 1, 2026
Plaintiff: Security Masters Corporation d/b/a Nelson Alarm
Plaintiff Counsel: Deborah Pollack-Milgate and David A.W. Wong of Barnes & Thornburg LLP
Defendants: D-N-A Integrators, Inc. and Daniel E. Nelson
Cause: Breach of Contract; Federal Unfair Competition and False Designation of Origin; Common-law Unfair Competition and Trademark Infringement; Anti-Cybersquatting Consumer Protection Act
Court: Southern District of Indiana, Indianapolis Division
Judge: James Patrick Hanlon
Referred To: M. Kendra Klump

Security Masters filed Serial No. 99900763 for NELSON ALARM on June 23, 2026, covering installation and monitoring of security and fire alarms, design and testing of the systems, and related services in Classes 37, 42, and 45. The application was awaiting examination when the complaint was filed. The suit does not need a registration certificate to plead § 1125(a) or the state claims. It does plead that the name was distinctive when the domain was registered, and that the registration was in bad faith.

The relief asked for is the usual set for this kind of file: an injunction against use of NELSON ALARM or anything confusingly similar, transfer of nelsonalarm.net, an accounting, damages, trebling where the statute allows it, statutory damages under the ACPA of up to $100,000 for the domain, destruction of materials bearing the mark, and fees. A jury is demanded.

Stay tuned for updates.

Complaint:

Security Masters Corporation ComplaintDownload

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

View this document on Scribd

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