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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Federal Trademark Infringement

ZIG-ZAG looks to smoke out counterfeiters in Indiana

18 Thursday Aug 2016

Posted by Kenan Farrell in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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Common Law Trademark Infringement, Common Law Unfair Competition, Counterfeiting, False Designation of Origin, Federal Copyright Infringement, Federal Trademark Infringement, Philip P. Simon, Susan L. Collins, Trade Dress Infringement

This is an anti-counterfeiting action against an extensive list of defendants who allegedly manufacture, import and sell counterfeit versions of Plaintiff’s ZIG-ZAG cigarette papers in Indiana.

As expected, the counterfeit products are “inferior, cheaper versions sold without any known quality control or authorization.”

Stopping counterfeiters is a difficult task and, as seen here, must often be done on a state-by-state basis.

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North Atlantic Operating Company, Inc. et al v. KPC Distributor Inc. et al

Court Case Number: 1:16-cv-00307-PPS-SLC
File Date: Wednesday, August 17, 2016
Plaintiff:
North Atlantic Operating Company, Inc.; National Tobacco Company, L.P.
Plaintiff Counsel:
 Gregory W. Pottorff, Adam Arceneaux of Ice Miller
Defendant: KPC Distributor Inc. et al.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Federal Copyright Infringement, Common Law Unfair Competition, Common Law Trademark Infringement
Court:
 Northern District of Indiana
Judge: 
Philip P. Simon
Referred To: Susan L. Collins

Complaint:

View this document on Scribd

Fishers sign company sues competitor for cybersquatting

13 Wednesday Jul 2016

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Cybersquatting, Deception, False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim's Relief Act, Jane Magnus-Stinson, Matthew P. Brookman, Violation of the CyberPiracy Prevention Act

Plaintiff, based in Fishers, Indiana, is in the business of graphic design, sign manufacturing, metal fabrication, and creating promotional material and apparel.

Plaintiff’s website is located at www.eye4group.com.

Defendant is in the business of sign making and associated tools and products and is a direct competitor of Plaintiff in the Indianapolis area.

Defendant allegedly registered the domain “www.eyefourgroup.com” on October 1, 2015 and directed all traffic to its own website. That’s a no-no.

The domain is currently not active.

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Eye 4 Group, LLC v. Indianapolis Sign Works Inc. et al.

Court Case Number: 1:16-cv-01864-JMS-MPB
File Date: Tuesday, July 12, 2016
Plaintiff: 
Eye 4 Group, LLC
Plaintiff Counsel:
 Jennifer L. Mozwecz of SRM Law, Joe Duepner of Duepler Law, LLC
Defendant: Indianapolis Sign Works Inc., Andrew Chapman
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, Contributory Trademark Infringement, Deception, Conversion, Indiana Crime Victim’s Relief Act, Cybersquatting, Violation of the CyberPiracy Prevention Act
Court:
 Southern District of Indiana
Judge: 
Jane Magnus-Stinson
Referred To: Matthew P. Brookman

Complaint:

View this document on Scribd

Eli Lilly sues to prevent online sale of unauthorized foreign pet medications

07 Thursday Jul 2016

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

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Debra McVicker Lynch, Federal Trademark Infringement, Federal Unfair Competition, Indiana Unfair Competition, Richard L. Young

The defendant in this trademark lawsuit, an online pet supply store, is alleged to be selling unauthorized foreign pet medication in the United States. According to the Complaint (below), foreign medications, primarily from South Africa, are being sold in violation of FDA mandates.

The specific brands at issue are ELANCO, COMFORTIS, TRIFEXIS, INTERCEPTOR and CAPSTAR pet medicines.

The Honorable Jane Magnus Stinson entered a default judgment and injunction against the prior owners of the same website on June 13, 2014, in Case No. 1:13-cv-01800-JMS-DML. New owners subsequently resumed and expanded sales, hence this follow-up lawsuit.

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Eli Lilly Company et al. v. Best Value Pet Supplies

Court Case Number: 1:16-cv-01787-RLY-DML
File Date: Tuesday, July 5, 2016
Plaintiff:
Eli Lilly and Company, Novartis Tiergesundheit AG
Plaintiff Counsel:
Jan M. Carroll, Anne N. DePrez of Barnes & Thornburg LLP
Defendant: Scott Martin d/b/a Best Value Pet Supplies, Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Indiana Unfair Competition
Court:
 Southern District of Indiana
Judge: 
Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

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Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Jon E. DeGuilio, Paul R. Cherry

This trademark dispute between Hobart, Indiana-based Indiana Botanic Gardens and a California defendant involves the use of the trademark EUCAMINT in connection with camphorated ointments. The Plaintiff has used its trademark since 1925.

The Defendant has been using the EUCAMINT mark in connection with a eucalyptus shower mist since as early as 2013.

Camphor used to be made by distilling the bark and wood of the camphor tree. Today, camphor is chemically manufactured from turpentine oil. It is used in products such as Vicks VapoRub. –WebMD

Indiana Botanic Gardens Inc v. Snyder Manufacturing Corporation

Court Case Number: 2:16-cv-00197-JD-PRC
File Date: Tuesday, May 31, 2016
Plaintiff:
Indiana Botanic Gardens, Inc.
Plaintiff Counsel:
David C. Brezina, Boris Umansky of Ladas & Parry LLP
Defendant: Snyder Manufacturing Corporation d/b/a Eurospa Aromatics d/b/a Eurospa Chemicals
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: 
Northern District of Indiana
Judge: 
Jon E. DeGuilio
Referred To: Paul R. Cherry

Complaint:

View this document on Scribd

Bedding companies in neighboring counties both claim BAMBOO LUXURY trademark

17 Tuesday May 2016

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

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Common Law Unfair Competition, Federal Trademark Infringement, Litigation Update, Susan L. Collins, Theresa L. Springmann

Pillow fight! This trademark lawsuit involves the trademark BAMBOO LUXURY in connection with bedding and other household textiles.

bed sheets, bedspreads, bath mats, blankets, comforters, coverlets, curtains, duvets, duvet covers, furniture protectors, mattress pads, pillowcases, pillow shams, quilts, shams, sheets, sheet sets and throws

Plaintiff, located in Steuben County, Indiana, has used its registered trademark BAMBOO LUXURY since April 2015. An intent-to-use application had been filed with the USPTO in June 2014.

Defendant, located in neighboring LaGrange County, Indiana, uses the same trademark in connection with sheets. It is not clear when Defendant began using the trademark, although Plaintiff asserts that it is the senior user.

Screen Shot 2016-05-17 at 7.55.12 AM

Stay tuned for updates. This one could get dirty.

Duke Imports Inc. v. All That Jazz Trading LLC

Court Case Number: 1:16-cv-00160-TLS-SLC
File Date: Monday, May 16, 2016
Plaintiff: Duke Imports Inc.
Plaintiff Counsel: James A. McEntarfer
Defendant: All That Jazz Trading LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint:

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