Tag Archives: False Designation of Origin

Indiana Trademark Litigation Update – HRHH Hotel/Casino v. Bella Vita

21 Thursday May 2015

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

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The Hardrock Hotel and Casino has been hosting a popular daytime party, The Rehab Pool Party, since 2004. Plaintiffs own multiple trademarks referring to daytime parties, and the Rehab name and logo. For the past few years, Bella Vita Lakeside restaurant and bar in Indianapolis has hosted weekly pool parties called “Rehab+ Sundays.” Plaintiffs allege that Defendant’s party logo is confusingly similar to Plaintiffs’ owned trademarks. In fact, a local blog claimed “Bella Vita borrowed the “Rehab” theme from the Hard Rock Hotel and Casino.” Plaintiffs allege that Defendants have refused to cease their infringing use and intend to continue to organize and host the “Rehab+ Sundays” pool parties in the Summer of 2015.

HRHH Hotel/Casino LLC et al v. Bella Vita LLC et al

Court Case Number: 1:15-cv-00791-WTL-MJD
File Date: Wednesday, May 20, 2015
Plaintiff: HRHH Hotel/Casino LLC, HRHH IP, LLC
Plaintiff Counsel: Gregory F. Hahn, Craig E. Pinkus of Bose McKinney & Evans LLP
Defendant: Bella Vita LLC, Henri B. Najem
Cause: False Designation of Origin and Unfair Competition, Trademark Infringement, Dilution, Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

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 Trademark Litigation Update – KM Innovations v. LTD Commodities

01 Wednesday Oct 2014

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

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Another lawsuit involving synthetic fiber snowballs, this time for the INDOOR SNOWBALL FIGHT registered trademark.

Related case: KM Innovations v. Opportunities, Inc.

KM Innovations LLC v. LTD Commodities LLC

Court Case Number: 1:14-cv-01573-LJM-DML
File Date: Friday, September 26, 2014
Plaintiff: KM Innovations LLC
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Sensory Technologies v. LogMeIn

08 Monday Sep 2014

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

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This trademark dispute involves Plaintiff’s JOIN® trademark and Defendant’s JOIN.ME® trademark. Both marks are registered with the USPTO and used in connection with virtual meeting/video conferencing services. The trademarks have been used concurrently since July 2010. 

Sensory Technologies LLC v. LogMeIn Inc.

Court Case Number: 1:14-cv-01406-SEB-DKL
File Date: Tuesday, August 26, 2014
Plaintiff: Sensory Technologies LLC
Plaintiff Counsel: Jonathan G. Polak, Michael Z. Gordon of Taft Stettinius & Hollister LLP
Defendant: Logmein Inc.
Cause: Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition, Forgery, Declaratory Judgment of Trademark Invalidity, Permanent Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

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.