Tag Archives: Federal Trademark Infringement

Northern Indiana Chiropractors fight over “Legacy” Trademark

13 Tuesday Aug 2024

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

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A Shipshewana, Indiana-based chiropractor has been operating under the name Legacy Chiropractic since March 2018.

41 miles away, in Warsaw, Indiana, another chiropractor began operating as Legacy Family Chiropractic around March 2020. Prior to opening, the Warsaw chiropractor’s wife had allegedly inquired about purchasing the rights to the name. There was no agreement to sell the name per the Complaint (below), but the Warsaw chiropractor still proceeded with a “Legacy” name.

After 4 years of coexistence, perhaps not always peaceful, a federal trademark application was filed by the Shipshewana chiropractor on July 29, 2024. On the same morning, an Indiana state trademark registration was applied for and obtained by the Warsaw chiropractor, quickly resulting in a few weeks of back-and-forth attorney communications and now a lawsuit in the Northern District of Indiana.

Stay tuned for updates.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC

Court Case Number: 3:24-cv-00668-DRL-MGG
File Date: August 9, 2024
Plaintiff: Legacy Chiropractic, LLC
Plaintiff Counsel: D. Randall Brown, Michael E. Wever of Barnes & Thornburg LLP
Defendant: Legacy Family Chiropractic LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Anti-Cybersquatting, Unfair Competition and Deceptive Trademark Practices, Cancellation of Indiana State Trademark Registration
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Kingston, Indiana Grocery Store sued for Trademark Infringement

09 Friday Aug 2024

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

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In addition to using an identical name, the defendant in the latest Indiana trademark lawsuit is accused of submitting a fraudulent letter to the Indiana Secretary of State claiming permission to use the name. The Kingston, Indiana grocery store is allegedly operating as “My Market” without the authorization of the plaintiff, who has prior rights in the name.

The plaintiff and defendants likely have some personal background that isn’t discussed in the Complaint (below). If so, the Answer may shed more light on why the defendant thought it had permission to use the name “My Market.”

Stay tuned for updates.

My Market LLC v. Batth Markets Inc. et al.

Court Case Number: 1:24-cv-01335-MPB-MJD
File Date: August 6, 2024
Plaintiff: My Market LLC
Plaintiff Counsel: C. Christopher Dubes, Amanda C. Delekta of Carson LLP
Defendant: Batth Markets Inc., Chhaterpal Singh
Cause: Federal Trademark Infringement, False Designation of Origin, Trademark Dilution, Federal Unfair Competition, Conversion
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Mark J. Dinsmore

Complaint:

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Both parties in this new Indiana trademark lawsuit manufacture “pull-behind” camper trailers. The plaintiff, Hiker Trailers of Columbus, Indiana, has sold trailers using the HIKER TRAILER brand since 2004.

The defendant, Hyk Outdoors, is a Missouri company that has been selling towable camping trailers since 2020.

The goods seem very similar, and presumably so are the parties’ respective consumers. The parties likely have or will promote their trailers at the same trade shows. Ultimately, it will need to be determined whether the trademarks HIKER and HYK OUTDOORS are confusingly similar. Although no specific instances of confusion are cited, the Complaint (below) alleges an admission of repeated consumer confusion by an employee of the defendant.

Stay tuned for updates.

Hiker Industries, LLC v. Hyk Outdoors LLC

Court Case Number: 1:24-cv-01320-RLY-MJD
File Date: August 5, 2024
Plaintiff: Hiker Industries, LLC
Plaintiff Counsel: James M. Hinshaw, Brad R. Maurer of Dentons Bingham Greenebaum LLP
Defendant: Hyk Outdoors LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin or Sponsorship, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

Atlas Van Lines sues Atlas Mover Group for Trademark Infringement, Unfair Competition

18 Thursday Jul 2024

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

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Atlas Van Lines of Evansville, Indiana, has been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries.

A pair of Georgia companies have apparently begun offering moving services under the fictitious business name “Atlas Mover Group,” allegedly constituting trademark infringement and unfair competition.

A cease-and-desist letter was sent to the Georgia companies in February and Atlas Van Lines now seeks court intervention in the Southern District of Indiana.

Stay tuned for updates.

AWGI, LLC et al. v. Atlas Mover Group LLC et al.

Court Case Number: 3:24-cv-00116-MPB-CSW
File Date: July 15, 2024
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha, Esq. of Widerman Malek, PL
Defendant: Atlas Mover Group LLC, United Best Moving LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition, Violation of the Federal Anticybersquatting Consumer Protection Act
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Crystal S. Wildeman

Complaint:

Hot Girl Walk v. Hot Walk Indy…are you confused?

17 Wednesday Jul 2024

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

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An Indianapolis-based inclusive walking group is being sued for trademark infringement by the national walking group which had inspired its original name. The plaintiff operates a national women’s walking group called Hot Girl Walk, a name inspired by Megan Thee Stallion’s song “Hot Girl Summer.” The group promotes walking events for women across the country and has some significant sponsorships. In 2019, the defendant started a walking group called Hot Girl Walk Indy, which was later shortened to Hot Walk Indy. If this was the extent of the conflict, I suspect a federal lawsuit might never have been filed. However, while the trademark infringement claims in the Complaint (below) are the focus of this IP blog, the plaintiff was likely more concerned about an alleged series of defamatory statements, doxing, and aggressive bullying, all detailed in the Complaint. Standing alone, Hot Walk Indy might not cause a conflict with Hot Girl Walk, but when it’s combined with a group campaign of actively seeking to undermine the Hot Girl Walk brand, it puts a plaintiff in a position where they have to file a lawsuit.

It’s difficult to see how keeping the name of a relatively new local walking group would be worth the cost of defending a federal lawsuit, but perhaps the defense funds can be crowdfunded among the group. Considering the other activities detailed in the Complaint, the defendant may already be in too deep despite what name they use and the other group members may stay away for fear of being named as additional defendants.

Stay tuned for updates.

Hot Girl Walk LLC v. Springer d/b/a Hot Walk Indy

Court Case Number: 1:24-cv-01187-JMS-TAB
File Date: July 15, 2024
Plaintiff: Hot Girl Walk LLC
Plaintiff Counsel: Joseph R. Delehanty of Dickinson Wright PLLC
Defendant: Casey Springer d/b/a Hot Walk Indy
Cause: Tortious Interference with Business Relationship, Defamation, Business Disparagement, Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Jane E. Magnus-Stinson
Referred To: Tim A. Baker

Complaint: