Tags
Accounting, Actual Damages, Breach of Franchise Agreements, Counterfeiting, False Designation of Origin, Guarantors' Liability, Indiana State Trademark Infringement, Indiana State Unfair Competition, Liquidated Damages, Philip P. Simon, Recurring Fees, Self-Help, Susan L. Collins, Trademark Infringement (Service Mark Infringement), Unjust Enrichment
The Defendants in this lawsuit are alleged to have transferred possession of their “Super 8”-franchised hotel (located in Auburn, Indiana) in violation of the terms of their Franchise Agreement.
The new owner, also named as a defendant, has continued to use Plaintiff’s trademarks despite termination of the Franchise Agreement in July 2014.
As is customary for franchise violations, a lawsuit often must be filed to protect not only the Plaintiff and its trademarks, but also the rights of the rest of its valid franchisees. Allowing unauthorized franchises to exist without repercussions can undermine the rights of valid paying franchise holders.
Super 8 Worldwide Inc. v. Auburn Lodging Associates LLP et al
Court Case Number: 1:16-cv-00435-PPS-SLC
File Date: Thursday, December 22, 2016
Plaintiff: Super 8 Worldwide Inc.
Plaintiff Counsel: Richard M. Blaiklock, Charles R. Whybrew of Lewis Wagner, LLP
Defendant: Auburn Lodging Associates, LLP, Kokila Patel, Dilip Patel, Chicago Capital Holdings, LLC
Cause: Trademark Infringement (Service Mark Infringement), False Designation of Origin, Counterfeiting, Indiana State Trademark Infringement, Indiana State Unfair Competition, Accounting, Liquidated Damages, Actual Damages, Recurring Fees, Unjust Enrichment, Guarantors’ Liability, Self-Help
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins
Complaint:
Indiana Intellectual Property Blog 