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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Federal Trademark Infringement

BIOCOTE vs. BIOCOAT…are you confused?

11 Friday Sep 2026

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

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Tags

Abizer Zanzi, Breach of Contract, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Gretchen S. Lund, Litigation Update, Trademark Infringement

BioCote Limited sues BioBond Adhesives for trademark infringement in N.D. Ind. (4:26-cv-00086)

BioCote Limited sued Lafayette adhesives maker BioBond Adhesives, Inc. on August 19, 2026, in the Northern District of Indiana, Lafayette Division, Case No. 4:26-cv-00086-GSL-AZ, alleging federal trademark infringement, unfair competition, false designation of origin, Indiana trademark and unfair competition claims, and breach of a brand license over BioBond’s BIOCOAT antimicrobial coatings.

The Complaint (below) is a licensee fight, not a stranger-on-the-internet fight. UK company BioCote owns U.S. Registration No. 5,306,757 for the BIOCOTE logo in Class 2 for antimicrobial powder-coating compositions (issued October 10, 2017; first U.S. sales under the mark pleaded as at least 2013). It licenses the chemistry and the mark to partners who put BIOCOTE on finished goods. BioBond, which makes plant-based adhesives and protective coatings in Lafayette, is pleaded as one of those partners. Under the Brand Agreement attached as Exhibit B to the Complaint, BioBond took a non-exclusive license to the BIOCOTE mark, agreed the IP stayed with BioCote, and promised it “must not use in its business any other trademark similar to the [BioCote] Mark,” must not apply to register “Biocote [or] any similar word,” and must not do anything that would diminish the registration.

BioBond then launched BioCoat SUP250 and BioCoat SWaE250 – water-based polyurethane and epoxy coatings marketed for food-processing surfaces and “defense against mold, fungi, and other microorganisms” – and, the Complaint says, filed a standard-character U.S. application for BIOCOAT covering anti-mold, anti-fungal, and anti-microbial protective coatings. BioCote says it learned of the filing from a watch notice, understood after discussions that BioBond would drop the mark and the application, then found the application still moving. It opposed at the Trademark Trial and Appeal Board (Opposition No. 91303474) and now wants the Northern District to stop the use.

The pleaded theory is short: BIOCOTE and BIOCOAT share five of seven letters and, BioCote says, sound the same; the goods are antimicrobial coatings sold into overlapping industrial channels; and the customer was already a licensed BIOCOTE partner, which the Complaint says makes source confusion worse, not better. BioCote seeks a preliminary and permanent injunction against BIOCOAT, destruction of marked packaging, refusal or cancellation of the application, damages (including a treble/enhanced-damages request on alleged willfulness), and fees. A jury is demanded.

Stay tuned for updates.

BioCote Limited vs. BioBond Adhesives, Inc.

Court Case Number: 4:26-cv-00086-GSL-AZ
File Date: August 19, 2026
Nature of Suit: 840 Trademark
Plaintiff: BioCote Limited
Plaintiff Counsel: Stephanie L. Teaford, H. Jonathan Redway, Nicole M. Meyer of Dickinson Wright PLLC
Defendant: BioBond Adhesives, Inc.
Cause: 15 U.S.C. § 1114 Trademark Infringement; 15 U.S.C. § 1125(a) Unfair Competition / False Designation of Origin; Indiana Trademark Infringement and Unfair Competition; Breach of Contract
Court: Northern District of Indiana
Judge: Gretchen S. Lund
Referred To: Abizer Zanzi

Complaint:

BioCote Limited ComplaintDownload

Written by Kenan L. Farrell of KLF Legal (https://www.klflegal.com/). The Indiana Intellectual Property Blog covers federal copyright and trademark dockets in Indiana. This post is commentary, not legal advice.

UINDY vs. IU INDY…are you confused?

09 Wednesday Sep 2026

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

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Copyright Infringement, Dilution, Federal Trademark Infringement, Indiana University, Litigation Update, University of Indianapolis

Indianapolis University of Indianapolis sued The Trustees of Indiana University on August 11, 2026, in the Southern District of Indiana, Case No. 1:26-cv-01669-JPH-MKK, alleging federal trademark infringement, unfair competition, and trademark dilution over IU’s use of “IU INDY” for the former IUPUI campus – a phrase the south-side school says is too close to its federally registered UINDY mark.

The Complaint (below) opens as “an action for infringement of U Indy’s well-known federally registered trademark ‘UINDY.’” UIndy has used UINDY in commerce since 2002 and owns a family of live Principal Register registrations, including U.S. Reg. Nos. 2,755,827 (Class 41 educational services; first use June 3, 2002; registered August 26, 2003), 3,327,194, 3,756,194 (clothing), 3,865,804, 4,039,095, and 6,969,975. After IU and Purdue unwound IUPUI in 2024, IU began branding the downtown Indianapolis campus as IU INDY – including, contemporaneous reporting notes, on athletic goods – and filed intent-to-register applications for IU INDY, IU INDY and design, and IU INDY JAGUARS (Serial Nos. 98/413,770, 98/413,774, 98/413,777, and 98/414,051), which published on October 22, 2024.

UIndy opposed those applications at the Trademark Trial and Appeal Board on February 19, 2025 (Opposition No. 91297078). The federal complaint now takes the fight out of the Trademark Office and into the Southern District. As pleaded in the public accounts of the Complaint, the two schools compete for the same students in the same city; UIndy alleges “confusion and deception in the marketplace and diversion of potential students and customers of U Indy to IU,” and says it has already seen mix-ups among students, job applicants, delivery drivers, and FAFSA filers. IU’s media office has declined to comment on the litigation. An answer has not been filed.

UIndy seeks to stop display, distribution, marketing, and promotion under IU INDY, plus damages. Two Indianapolis universities, one transposed pair of letters, one federal trademark docket. Stay tuned for updates.

University of Indianapolis vs. The Trustees of Indianapolis University

Court Case Number: 1:26-cv-01669-JPH-MKK
File Date: August 11, 2026
Nature of Suit: 840 Trademark
Plaintiff: University of Indianapolis
Plaintiff Counsel: William J. Barkimer, Daniel Tychonievich of Krieg DeVault LLP
Defendant: The Trustees of Indiana University
Cause: Federal Trademark Infringement; Federal Unfair Competition; False Designation of Origin
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: M. Kendra Klump

Complaint:

University of Indianapolis ComplaintDownload

Written by Kenan L. Farrell of KLF Legal (https://www.klflegal.com/). The Indiana Intellectual Property Blog covers federal copyright and trademark dockets in Indiana. This post is commentary, not legal advice.

Delta Faucet Company sues Amazon Counterfeiters in Southern District of Indiana

01 Friday Nov 2024

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim’s Relief Act, Kellie M. Barr, Richard L. Young

Delta Faucet Company is once again pursuing counterfeit faucet sellers from Amazon in the Southern District of Indiana. The Complaint (below), always an enjoyable read, discusses how a company’s trademarks are impacted by unauthorized sellers and their negative online reviews. The counterfeiter defendants typically don’t make an appearance in these lawsuits and thus it usually proceeds right to default judgment. The last Delta counterfeiter sued in Indiana earned himself a damages award of $5.4 million and a permanent injunction, so the “head in the sand” strategy is a really bad one. Let’s wait and see if this case is handled any differently.

Stay tuned for updates.

Delta Faucet Company v. Bundrick et al.

Court Case Number: 1:24-cv-01901-RLY-KMB
File Date: October 28, 2024
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendants: Justin Bundrick, Andrew Bundrick, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Kellie M. Barr

Complaint:

View this document on Scribd

Carmel Teenager sued over Counterfeit Eric Emanuel Apparel

31 Thursday Oct 2024

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Federal False Designation of Origin, Federal False Endorsement, Federal Trademark Infringement, James Patrick Hanlon, Tim A. Baker

The plaintiff in this Indiana trademark lawsuit is a New York-based luxury sportswear designer, Eric Emanuel. The defendant is a Carmel, Indiana teenager allegedly selling counterfeit Eric Emanuel apparel imported from China. Per the Complaint (below), the counterfeit products are allegedly bought by the defendant from China suppliers, stored at his mother’s Carmel home, and promoted and sold online.

The fashion designer seeks the teenager’s profits, actual and compensatory damages, statutory damages, and attorneys’ fees and costs. It seems this teenager picked the wrong designer to counterfeit and what seemed like a “get rich quick” scheme could quickly turn to “get poor quick.”

Stay tuned for updates.

EE Holding Group LLC v. PDGROWTH LLC et al.

Court Case Number: 1:24-cv-01895-JPH-TAB
File Date: October 25, 2024
Plaintiff: EE Holding Group LLC
Plaintiff Counsel: Anne K. Ricchiuto of Peele Law Group
Defendant: PDGROWTH LLC, Patrick D. Garton
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Endorsement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

View this document on Scribd

JUMPSTART COMMUNICATIONS vs. JUMPSTART COMMUNICATION…are you confused?

31 Thursday Oct 2024

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

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Tags

Breach of Fiduciary Duties, Civil Theft, Federal False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Holly A. Brady, RICO Violations, Susan L. Collins, Tortious Interference with Business Relationship, Tortious Interference with Contract

The parties to this new Indiana trademark lawsuit have a long personal history, including previously being married, but we’re taking a look at the case for its intellectual property claims, i.e. trademark infringement between the marks JUMPSTART COMMUNICATIONS and JUMPSTART COMMUNICATION. The companies offer the same services, telecommunications construction services, in the same geographic area. The Complaint (below) provides some details about the defendant’s decision to choose a similar name, along with other allegedly damaging behavior, including solicitation of customers and employees.

Stay tuned for updates, although I don’t expect this case to last very long, at least the trademark claims. There are some additional claims that may linger even if the trademark issue is resolved, for example, by a name change.

Jumpstart Communications LLC v. Jumper et al.

Court Case Number: 1:24-cv-00447-HAB-SLC
File Date: October 22, 2024
Plaintiff: Jumpstart Communications LLC
Plaintiff Counsel: Carrie E. Sheridan, J.Blake Hike, Brendan C. Ruff, Stephanie Fleming of Carson LLP
Defendant: Ryan Jumper, Jumpstart Communication LLC
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Trademark Dilution, Federal Unfair Competition, RICO Violations, Breach of Fiduciary Duties, Tortious Interference with Contract, Tortious Interference with Business Relationship, Civil Theft
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

View this document on Scribd
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