Tag Archives: Federal Trademark Infringement

Dispute over TERMINATOR fireworks name leads to trademark lawsuit

08 Monday Jul 2019

Posted by in Indiana, Intellectual Property, Litigation, Trademark

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This lawsuit involves a lengthy dispute, dating back almost two decades, over the ability to use the TERMINATOR trademark in connection with fireworks.

The Defendants apparently are using the TERMINATOR trademark pursuant to a license (which Plaintiff claims is invalid) so I’ll wait to see their Answer for more detailed information before I comment fully.

Stay tuned for updates.

North Central Industries, Inc. v. Winco Fireworks, Inc. et al.

Court Case Number: 1:19-cv-02720-RLY-MPB
File Date: Tuesday, July 2, 2019
Plaintiff: North Central Industries, Inc.
Plaintiff Counsel: John H. Brooke of Brooke | Stevens, P.C.
Defendant: Winco Fireworks, Inc., Winco Fireworks International, LLC, Creative Licensing Center Corp. 
Cause: Federal Trademark Infringement, Federal Trademark Dilution, False Designation of Origin, Federal Unfair Competition, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Color Me Badd founding members in court over band name dispute

02 Tuesday Jul 2019

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

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Two members of the formerly popular R&B group “Color Me Badd” are in a lawsuit in the Southern District of Indiana over the ability of one member to continue using the band’s name in his ongoing solo career.

The named Plaintiff, Bryan Abrams, and Defendant, Mark Calderon, have a recent history of quarreling, including a physical altercation on stage in 2018 that led to Abram’s arrest.

In this lawsuit filed on Monday, July 1, Abrams is challenging Calderon’s ability to use the Color Me Badd name for his solo career, while Calderon (via his attorney) maintains that “Mr. Calderon and Mr. Abrams have equal right to use and exploit the mark provided each party accounts to the other for such use.”

Check out the Complaint (below) for a more detailed history of the parties and Color Me Badd. Stay tuned for updates to see how the parties resolve their band name dispute.

CMB Entertainment, LLC et al v. Mark Calderon and Pyramid Entertainment Group, Inc.

Court Case Number: 1:19-cv-02703-RLY-DML
File Date: Monday, July 1, 2019
Plaintiff: CMB Entertainment, LLC, Bryan Abrams
Plaintiff Counsel: James J. Ammeen, Jr. of Ammeen Valenzuela Associates LLP., Brian D. Caplan of Reitler Kailas & Rosenblatt LLC
Defendant: Mark Calderon, Pyramid Entertainment Group, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, Breach of Fiduciary Duty
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

Super 8 sues Past Franchisee for Violation of Franchise Agreement

09 Tuesday Apr 2019

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

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Well, at least it’s not another photography copyright case…

But it’s not really much of a trademark case either. The defendants are alleged to have continued using Plaintiff’s trademarks after the expiration of a previous Franchise Agreement.

What does make this case interesting is that it has a long history. The prior owner of the same Auburn, Indiana facility was involved in a similar 2016 lawsuit with Super 8.

How about this assertion in the Complaint? Do you agree? Indisputably?

16. The Super 8® Marks are indisputably among the most famous in the United States.

I can think of many brands (at least 100) more famous than Super 8 motels. But, you go, Super 8.

Super 8 found a resolution last time (new franchisee?) so maybe they’ll do the same this time. Stay tuned for updates.

Super 8 Worldwide, Inc. v. Harvee Properties et al

Court Case Number: 1:19-cv-00145
File Date: Thursday, April 4, 2019
Plaintiff: Super 8 Worldwide, Inc.
Plaintiff Counsel: Andrew M. Pendexter, James M. Hinshaw of Bingham Greenebaum Doll LLP
Defendant: Harvee Properties, LLC, Paresh Patel
Cause: Federal Trademark Infringement, False Designation of Origin, Federal Trademark Counterfeiting, State Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint: 

Counterfeit Bongs dominate the February Indiana IP Litigation Docket

01 Friday Mar 2019

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trademark

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Two photography cases, including one from serial filer Richard Bell, and a breach of franchise agreement lawsuit…other than that, the February Indiana IP litigation docket was totally dominated by filings by RooR International. RooR’s defendants are Indiana smokeshops and their alleged sale of counterfeit bongs.

RooR markets itself as “the premier manufacturer of glass water pipes by emphasizing the brand’s unwavering use of quality materials and focusing on scientific principles which facilitate a superior smoking experience.”

As you can see from the screenshot below, RooR International has gone on a recent filing spree to combat the sale of counterfeit products:

Screen Shot 2019-03-01 at 9.18.39 AM.png

RooR’s defendants, small smoke and vape shops from across Indiana, are accused of Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal False Designation of Origin and Federal Unfair Competition. Heavy stuff.

Sample RooR Complaint

The other non-bong, non-Bell cases involve the breach of a franchise agreement and the unauthorized use of a photograph of a New Year’s Eve fireworks display.

Baskin-Robbins Franchising LLC, BR IP Holder LLC v. Big Scoops, Inc., David M. Glasgow Jr.

Bachner v. USA Halloween Planet Inc.

North American Van Lines sues North America Moving & Storage for trademark infringement, cybersquatting

28 Thursday Jun 2018

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

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The Plaintiff, North American Van Lines, has been providing transportation services since 1969. The Defendant, North America Moving & Storage, is accused of using a similar company name and domain names to infringe Plaintiff’s trademarks.

The Complaint (below) alleges instances of actual confusion.

Stay tuned for updates.

North American Van Lines, Inc. v. North America Moving & Storage, Inc.

Court Case Number: 1-18-cv-00196-TLS-SLC
File Date: Tuesday, June 26, 2018
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Mary A. Smigielski of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Moving & Storage, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Indiana Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint: