Tags
Breach of Settlement Agreement, Common Law Trademark Infringement, False Description, Federal Trademark Infringement, Litigation Update, Roger B. Cosbey, Rudy Lozano, Unfair Competition
Osmundson Mfg. Co. v. CFC Distributors Inc.
Plaintiff, an Iowa corporation, has used the trademark “TURBO” in connection with agricultural products like Coulter blades, disk blades, sweeps, plow shares and other tillage tools since 2005. The trademark was registered in 2007 for “Agricultural machine parts, namely, blades.” Defendant, an Indiana corporation, is allegedly selling similar goods under the same mark. In an effort to resolve the matter, the parties entered into a Settlement Agreement in 2009, which Defendant has allegedly now breached.
Court Case Number: 1:11-cv-00021-RL -RBC
File Date: Friday, January 14, 2011
Plaintiff: Osmundson Mfg. Co.
Plaintiff Counsel: Larry L. Barnard and Adrienne C. Romary of Carson Boxberger LLP
Defendant: CFC Distributors Inc.
Defendant Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Unfair Competition, False Description, Breach of Settlement Agreement
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Roger B. Cosbey
Indiana Intellectual Property Blog 