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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Federal False Designation of Origin or Sponsorship

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Common Law Trademark Infringement, Federal False Designation of Origin or Sponsorship, Federal Trademark Infringement, Federal Unfair Competition, Mark J. Dinsmore, Richard L. Young

Both parties in this new Indiana trademark lawsuit manufacture “pull-behind” camper trailers. The plaintiff, Hiker Trailers of Columbus, Indiana, has sold trailers using the HIKER TRAILER brand since 2004.

The defendant, Hyk Outdoors, is a Missouri company that has been selling towable camping trailers since 2020.

The goods seem very similar, and presumably so are the parties’ respective consumers. The parties likely have or will promote their trailers at the same trade shows. Ultimately, it will need to be determined whether the trademarks HIKER and HYK OUTDOORS are confusingly similar. Although no specific instances of confusion are cited, the Complaint (below) alleges an admission of repeated consumer confusion by an employee of the defendant.

Stay tuned for updates.

Hiker Industries, LLC v. Hyk Outdoors LLC

Court Case Number: 1:24-cv-01320-RLY-MJD
File Date: August 5, 2024
Plaintiff: Hiker Industries, LLC
Plaintiff Counsel: James M. Hinshaw, Brad R. Maurer of Dentons Bingham Greenebaum LLP
Defendant: Hyk Outdoors LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin or Sponsorship, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

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