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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: False Designation of Origin

WORLD OF LEGGINGS vs. LEGGINGS WORLD…are you confused?

17 Tuesday Apr 2018

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

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Common Law Trademark Infringement, False Designation of Origin, Tanya Walton Pratt, Tim A. Baker, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment

The Plaintiff in this trademark lawsuit, California-based Muscle Flex, Inc., operates a hosiery website, worldofleggings.com, which boasts “5.5 million visitors, 27 million views, and millions of dollars in sales across the United States.”

The Defendants operate several hosiery stores called “Leggings World” inside Simon Property Group (“Simon”) properties across the Midwest and Northeast. Simon is included as a defendant in the lawsuit.

When Muscle Flex complained of the infringement to Simon, Simon responded by removing instances of “Leggings World” from its website and digital directories inside its malls, and sending cease-and-desist letters to tenants operating under the “Leggings World” name in its properties.

However, this didn’t satisfy Muscle Flex, which also wants to receive some money for damages, leading to some slight lawyer shade:

Simon has seemingly thrown in the towel on Leggings World, removing it from all Simon online directories (really, go try to find a store online), but we’ll see whether Leggings World decides to challenge Muscle Flex and continue operating the physical stores. Stay tuned for updates.

Muscle Flex, Inc. v. Simon Property Group, L.P. et al.

Court Case Number: 1:18-cv-1140
File Date: Friday, April 13, 2018
Plaintiff: Muscle Flex, Inc.
Plaintiff Counsel: Christopher A. Brown of Woodard, Emhardt, Moriarty, McNett & Henry LLP, Connor Lynch of Lynch LLP (pro hac vice)
Defendants: Simon Property Group, L.P., Simon Property Group, Inc., Matt Murat Dagli, New Purple LLC
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

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Indiana power sport vehicle company sues Canadian competitor over infringing parts

17 Tuesday Apr 2018

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

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Common Law Passing Off, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Paul R. Cherry, Theresa L. Springmann, Trademark Dilution

The Plaintiff in this lawsuit, ASW, LLC, is a Columbia City, Indiana-based company that designs and sells power sport vehicles and related parts. ASW owns the registered trademarks AMERICAN SPORTWORKS and LANDMASTER.

The Defendant, a Canadian corporation, is alleged to be selling competing products using identical marks from an infringing website, americansportworksparts.com. It’s not clear from the Complaint (below) whether the infringing products are repackaged/refurbished items (which can void a warranty) or just plain ol’ counterfeit goods, although it seems closer to the latter. 

ASW, LLC v. Bisson et al.

Court Case Number: 1:18-cv-00086-TLS-PRC
File Date: Monday, April 9, 2018
Plaintiff: ASW, LLC
Plaintiff Counsel: Linda A. Polley, Charles J. Heiny of Haller & Colvin, P.C.
Defendants: Bisson, 1837967 Alberta Ltd.
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, False Designation of Origin, Common Law Unfair Competition, Common Law Passing Off
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

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Vera Bradley sues numerous eBay sellers over counterfeit goods

27 Tuesday Mar 2018

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

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Common Law Unfair Competition, Copyright Infringement, Counterfeiting, eBay, False Designation of Origin, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unjust Enrichment

The defendants in this lawsuit are alleged to have sold counterfeit Vera Bradley products on eBay since as early as January 2016.

Vera Bradley Designs, Inc. v. Denny et al.

Court Case Number: 1:18-cv-00070
File Date: Monday, March 26, 2018
Plaintiff: Vera Bradley Designs, Inc.
Plaintiff Counsel: Mark D. Scudder of Barnes & Thornburg LLP, Michael R. Gray of Gray, Plant, Mooty, Mooty & Bennett, P.A.
Defendants: Jennifer Denny, Austin Devin 2 Denny Boys, LLC, Darlene Nicholas, Amanda Whitfield, and Ilene Simpson
Cause: Trademark Infringement, Copyright Infringement, False Designation of Origin, Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

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Project management company files trademark lawsuit against potential scam artists

09 Monday Oct 2017

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

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Common Law Passing Off/Unfair Competition, Common Law Trademark Infringement, Cybersquatting, Declaratory Relief, False Designation of Origin, Trademark Infringement

Plaintiff operates a project management training company called “Project Management Academy.” Plaintiff has used the trademark since 2009 and owns several related federal trademark registrations.

The Defendants are accused of operating a similar company (some call it a scam) using the “Project Management Academy” or “PMA” trademarks.

Educate 360, LLC v. Patchree Patchrint et al.

Court Case Number: 4:17-cv-00078
File Date: Friday, October 6, 2017
Plaintiff: Educate 360, LLC
Plaintiff Counsel: William P. Kelley, David M. Stupich of Stuart & Branigin LLP
Defendant:  Patchree Patchrint a/k/a Patty Jones and Anthony Christopher Jones
Cause: Declaratory Relief, Trademark Infringement, False Designation of Origin, Cybersquatting, Common Law Trademark Infringement, Common Law Passing Off/Unfair Competition
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

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Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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Common Law Unfair Competition, False and Misleading Representations, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Jr., Michael G. Gotsch, Robert L. Miller, Sr., Trade Dress Infringement

The Plaintiff, Dwyer Instruments, is a manufacturer of industrial gages and controls headquartered in Michigan City. Plaintiff has used the registered trademark MAGNEHELIC since 1949.

The Defendants, a California manufacturer and Wal-Mart.com which lists the product, are accused of selling counterfeit gages with identical trade dress tp Plaintiff’s gages and a confusingly similar trademark, MAGRFHELIC.

Dwyer Instruments Inc v. Wal-Mart.com USA, LLC et al.

Court Case Number: 3:17-cv-00636-RLM-MGG
File Date: Tuesday, August 15, 2017
Plaintiff: Dwyer Instruments, Inc.
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Wal-Mart.com USA, LLC, Tasharina Corp.
Cause: Federal Trademark Infringement, Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint: 

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