Tag Archives: Federal Trademark Infringement

Indiana power sport vehicle company sues Canadian competitor over infringing parts

17 Tuesday Apr 2018

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

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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:

Oakley sues So. Indiana Gas Stations over Counterfeit Eyewear

26 Monday Feb 2018

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

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The Defendants in this lawsuit, the owners of gas stations located in Batesville, Osgood, and New Point, Indiana, are accused of selling counterfeit Oakley and Ray-Ban sunglasses. The counterfeit products were observed for sale in the stores by Plaintiff’s representatives and are believed to originate from a common source, to be determined.

Stay tuned for updates.

Luxottica Group et al. v. Avni Petroleum, Inc. et al.

Court Case Number: 1:18-cv-0537-WTL-MJD
File Date: Friday, February 23, 2018
Plaintiff: Luxottica Group S.p.A., Oakley Inc.
Plaintiff Counsel: Brent H. Blakely, Jessica C. Covington of Blakely Law Group
Defendant: Avni Petroleum, Inc., Delaware BP, Pari, Inc. dba Batesville Food Mart, Rani Petroleum, Inc. dba Batesville Shell, SAI Petroleum Inc. dba New Point Food Mart, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin and False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Mark J. Dinsmore

Complaint: 

Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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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: 

North American Van Lines sues North America Prime, trucking competitor started by a former officer

26 Wednesday Jul 2017

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. A former officer of Plaintiff started a competing transportation company called North America Prime Lines. Numerous cease-and-desist communications were sent but the parties weren’t able to resolve their differences.

However, there are numerous negative instances of consumer confusion (a few samples below) so this situation definitely requires resolution.

North America Van Lines, Inc. v. North America Prime Inc. et al.

Court Case Number: 1:17-cv-00298-TLS-PRC
File Date: Friday, July 14. 2017
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Siobhán M. Murphy of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Prime Inc., Ean Manning
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

Indy’s COMFORT STAY INN sued for trademark infringement by owner of COMFORT INN

17 Monday Jul 2017

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

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The Plaintiff in this trademark lawsuit is one of the largest lodging franchisors in the world. Among its many well-known brands are COMFORT INN and COMFORT SUITES. Plaintiff has used its family of COMFORT trademark since at least 1984.

Defendant operates a hotel in Indianapolis, Indiana under the name “Comfort Stay Inn.” Defendant’s utilizes the domain name comfortstayinn.com.

Cease-and-desist coomunications from Plaintiff’s attorney were unsuccessful, hence this lawsuit. Plaintiff asserts that Defendant’s hotel name is confusingly similar and has irreparably damaged the value of the COMFORT family of marks.

Choice Hotels International, Inc. v. American Hospitality Solution, LLC

Court Case Number: 1:17-cv-02402-TWP-DML
File Date: Friday, July 14, 2017
Plaintiff: Choice Hotels International, Inc.
Plaintiff Counsel: Calvert S. Miller of Carson Boxberger LLP
Defendant: American Hospitality Solution, LLC
Cause: Federal Trademark Infringement, False Designation of Origin, Indiana Trademark Infringement, Indiana Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint: