Tag Archives: Federal Trademark Infringement

Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

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Plaintiff is an RV manufacturer based in Middlebury, Indiana. Defendants are accused of “flagrantly” using Plaintiff’s ENTEGRA COACH registered trademark in Texas. The Complaint (below) details a scheme by which an unauthorized dealer was surreptitiously arranging for sales of Plaintiff’s motorhomes. Plaintiff brought this lawsuit seeking an injunction against further sales to protect the contracted rights of its authorized dealers.

Jayco, Inc.v. National Indoor RV Centers, LLC

Court Case Number: 3:17-cv-00458-RLM-MGG
File Date: Tuesday, June 13, 2017
Plaintiff: Jayco, Inc.
Plaintiff Counsel: Louis S. Chronowski of Seyfarth Shaw LLP
Defendant: National Indoor RV Centers, LLC
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Common Law Trademark Infringement, Texas Unfair Competition, Breach of Contract
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint:

Two Indiana firework companies in dispute over BLACK WIDOW trademark

16 Friday Jun 2017

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

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This lawsuit involves a dispute over the use of the BLACK WIDOW trademark in connection with fireworks. The Plaintiff, based in Evansville, Indiana, owns a federal registration and has used their BLACK WIDOW trademark since as early as March 12, 2013.

The Defendants, from Washburn, Indiana, have allegedly begun selling similar products also under a BLACK WIDOW trademark.

Cease-and-desist communications from Plaintiff to Defendant were not successful, hence this lawsuit. Stay tuned for updates.

The Really Good Stuff, Inc. v. Sky Thunder, LLC et al.

Court Case Number: 3:2017-cv-00096-RLY-MPB
File Date: Tuesday, June 13, 2017
Plaintiff: The Really Good Stuff, Inc.
Plaintiff Counsel: Rowdy G. Williams of Rowdy G. Williams Law Firm, PC
Defendant: Sky Thunder, LLC, Michael A. Kimberling
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

“Franchise Conversion Scheme” alleged against Community Newsletter publisher

11 Thursday May 2017

Posted by in Intellectual Property

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This lengthy complaint, with 17 (!) causes of action, details an alleged “Franchise Conversion Scheme” by the Defendants. The case was initially filed in Johnson County Superior Court but has been removed to the Southern District of Indiana.

Chilly Panda, LLC v. Britt Interactive LLC et al.

Court Case Number: 1:17-cv-01544-LJM-DKL
File Date: Wednesday, May 10, 2017
Plaintiff: Chilly Panda Media, LLC
Plaintiff Counsel: Matthew M. Cree of Law Office of Matthew M. Cree, LLC, P. Adam Davis of Davis and Sarbinoff, LLC
Defendant: Britt Interactive, LLC, Townepost Network, Inc., Tom Britt, Jeanne Britt, Josh F. Brown
Cause: Federal Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Contract, Tortious Interference, Breach of Fiduciary Duties, Defamation, Franchise Fraud, Actual or Constructive Fraud, Stored Communications Act, Accounting, Individual Liability, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

Garden Flag Manufacturer sues Former Reseller for Trademark Infringement, Cybersquatting

04 Thursday May 2017

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

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This lawsuit involves a garden flag manufacturer and a former reseller that continued selling product without authorization, as well as registering various infringing domain names. The Defendants’ bad faith use of the domain names has already been deterring by a WIPO proceeding.

Toland Home Garden v. PH Technologies et al.

Court Case Number: 3:17-cv-00336-PPS-MGG
File Date: Tuesday, May 2, 2017
Plaintiff: Toland International Ltd. and Marketing Resource Group, Inc. d/b/a Toland Home Garden
Plaintiff Counsel: Todd Gale, Jennifer Fraser of Dykema Gossett PLLC
Defendant: PH Technologies, LLC, Philip S. Horvath
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Federal Cybersquatting, Trademark Dilution, Injury to Business Reputation, Common Law Unfair Competition, Common Law Unjust Enrichment
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

Complaint: 

 

National Veterans Memorial sues to prevent use of National Veterans Memorial & Museum trademark

16 Thursday Feb 2017

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

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The Plaintiff in this trademark lawsuit operates a small museum called the National Veterans Memorial in Elberfeld, Indiana. Since 2008, Plaintiff has owned a federal registration for the NATIONAL VETERANS MEMORIAL mark in connection with “Promoting public awareness of the need for reconciliation and recognition of all veterans.”

Plaintiff is seeking to prevent the use of the name National Veterans Memorial & Museum by a new museum opening in Columbus, Ohio. The Ohio museum began construction in 2015 and is set to open in 2018. The Defendant filed a federal “intent to use” application in October 2016, which has received an initial refusal by the Examining Attorney based on Plaintiff’s registration.

Stay tuned for updates.

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Henager Family Museum, Inc v. Columbus Downtown Development Corp.

Court Case Number: 3:17-cv-00028-RLY-MPB
File Date: Wednesday, February 15, 2017
Plaintiff: Henager Family Museum, Inc d/b/a National Veterans Museum
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Columbus Downtown Development Corp.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: