Tag Archives: Federal Trademark Infringement

Fort Wayne Company sued for sale of Unauthorized Animal Health Supplements on Amazon

09 Friday Feb 2024

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

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Nutramax Laboratories (“Nutramax”), the plaintiff in Indiana’s latest trademark lawsuit, produces health supplements for companion animals. Nutramax distributes its products through multiple trade channels, including through resellers that only have an online sales outlet. Nutramax’s resellers are required to sign an Authorized Reseller Agreement which includes requirements around product quality and customer service.

The defendants, a Fort Wayne company, are allegedly unauthorized resellers that are selling Nutramax products on the Amazon Marketplace. The defendants have not signed the Authorized Reseller Agreement.

Nutramax’s counsel sent cease-and-desist communications in October 2023 and January 2024, but apparently have not received a response and the unauthorized Amazon sales have continued. As such, Nutramax now seeks the assistance of the Northern District of Indiana to enforce its trademark rights.

Stay tuned for updates.

Nutramax Laboratories, Inc. et al. v. CNB Retailers, LLC et al.

Court Case Number: 3:24-cv-00129-DRL-MGG
File Date: February 8, 2024
Plaintiff: Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences Inc.
Plaintiff Counsel: Mark D. Boveri of Krieg Default LLP
Defendant: CNB Retailers, LLC d/b/a Amazon Seller Account “UniversalExports”; Brett Hart; Christina Miller
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Description, Indiana Common Law Tortious Interference with a Contract
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Tempur Sealy sues Valparaiso Furniture Store for Trademark Infringement

14 Tuesday Nov 2023

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

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A furniture store in Valparaiso, Indiana is accused of the unauthorized use of the Tempur-Pedic® trademark. The store had been an authorized dealer of Tempur-Pedic products until February 2, 2023, when the dealer relationship was terminated by Tempur Sealy. Upon termination of the relationship, the store was to cease all use of Tempur Sealy’s trademarks.

Despite multiple warnings by Tempur Sealy, the Complaint (below) details continued use by the furniture store, at least through August 27, 2023, of the Tempur-Pedic trademark on point-of-sale materials in the store, on exterior windows, and on the store’s website.

The Valparaiso store is alleged to have continued use of the Tempur-Pedic trademark “to attract customers for the purpose of selling non-authorized and competing products in a manner that falsely suggests and implies to consumers that Defendant maintains a relationship with Tempur Sealy as an authorized retailer.”

Stay tuned for updates.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC

Court Case Number: 2:23-cv-00383-PPS-APR
File Date: November 9, 2023
Plaintiff: Tempur Sealy International, Inc., Tempur-Pedic Management, Inc., Tempur-Pedic North America, LLC, Tempur World, LCC, Dan-Foam APS, Sealy Technology LLC
Plaintiff Counsel: James N. Martin, Jr. of Steptoe & Johnson PLLC
Defendants: Luxury Mattress & Furniture, LLC d/b/a Luxury Mattress & Furniture
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Advertising, Federal Trademark Dilution
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Andrew P. Rodovich

Complaint:

Trademark Infringement Lawsuit filed in Indiana over Surgical Bovine Collagen, Implant Kits

02 Thursday Nov 2023

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

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The plaintiff in this new Indiana trademark infringement lawsuit, Ventris Medical, offers a bovine collagen product for management of complex wounds called CONNEXT®.

The defendant, Nexxt Spine of Noblesville, Indiana, recently adopted and is using the mark CONNEXX in connection with a surgical implant kit.

Per the Complaint (below), cease-and-desist communications have been unsuccessful to date and the plaintiff now seeks court intervention in the Southern District of Indiana.

In this case, both parties sell products to highly sophisticated consumers, i.e. surgeons. The more sophisticated the purchaser, the less likely that there will be likelihood of confusion. The defendant likely considered that high sophistication level when selecting its similar trademark.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC

Court Case Number: 1:23-cv-01960-JRS-MKK
File Date: November 1, 2023
Plaintiff: Secada Medical LLC d/b/a Ventris Medical, LLC
Plaintiff Counsel: Samuel B. Gardner of Ice Miller LLP
Defendant: Nexxt Spine, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Passing Off
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: M. Kendra Klump

Complaint:

Indiana Lawn Care Manufacturer sues eBay Counterfeiter in Northern District of Indiana

09 Monday Oct 2023

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

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Perma-Green, based in Valparaiso, Indiana, has manufactured and sold commercial lawn care products since 1973. They own an incontestable registration for the trademark PERMAGREEN for “mechanical spreaders and sprayers for the lawn care industry” with a claimed date of first use of February 1, 2005.

“Dr. Permagreen” is an eBay Seller account that lists over 1,400 Perma-Green products, including replacement parts. However, the parts being sold by the eBay account are allegedly low-quality counterfeit copies created in China, not authentic Perma-Green products.

Perma-Green alleges consumer confusion has been caused by the eBay account’s use of a similar name and deceptive product titles, with consumers falsely believing that the eBay account is associated with Perma-Green and that the products originate from Perma-Green. Consumer complaints over defective products were incorrectly directed towards Perma-Green, presumably damaging the goodwill in their brand.

Faulty or defective parts can obviously be a big problem when it comes to lawn care equipment by creating an increased risk of serious injury. After unsuccessful cease-and-desist communications, Perma-Green has brought a lawsuit (see Complaint below) seeking court intervention in an attempt to halt the damage currently being done to its brand. The Complaint alleges willful infringement based on email communications from the alleged operator of the eBay account.

Stay tuned for updates.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al.

Court Case Number: 2:23-cv-00341
File Date: October 6, 2023
Plaintiff: Perma-Green Supreme, Inc.
Plaintiff Counsel: P.Stephen Fardy, William D. Patterson of Swanson, Martin & Bell, LLP
Defendant: Dr. Permagreen, LLC, Michael Edward Klott, FTW Investments LLC
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Advertising, Deceptive Consumer Sales, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: John E. Martin

Complaint:

Two Indiana Valve Companies involved in Trade Dress Lawsuit over Yellow Valve Handles

02 Monday Oct 2023

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

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Banjo Corporation of Crawfordsville, Indiana, designs, manufactures, distributes, and sells control valves for regulating the flow of liquids in hoses and pipes. Since 1994, Banjo’s valves have had distinctive yellow-colored handles. Banjo currently sells approximately 150 types of control valves, all bearing the distinctive yellow handles.

Green Leaf of Fontanet, Indiana, has been selling control valves with green handles since 1983. In 2019, after hiring 2 ex-Banjo employees, Green Leaf launched a line of yellow-handled valves. Green Leaf’s new valve line uses the name TERREMAX.

In a lawsuit filed in the Southern District of Indiana, Banjo accuses Green Leaf of violating its trade dress in the yellow valve handles. The name TERREMAX is also allegedly meant to imitate Banjo’s line of TERRE and TERRE KNIFE products. The Complaint (below) details other alleged deceptive conduct by Green Leaf, but we’ll be most interested in watching the trade dress claim for the yellow handle design.

Stay tuned for updates.

Banjo Corporation v. Green Leaf, Inc.

Court Case Number: 1:23-cv-01770-SEB-MG
File Date: September 29, 2023
Plaintiff: Banjo Corporation
Plaintiff Counsel: Dwight D. Lueck of Barnes & Thornburg, LLP, Jonathan E. Moskin of Foley & Lardner LLP
Defendant: Green Leaf, Inc.
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, Federal False Designations of Origin, Federal False Advertising, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mario Garcia

Complaint: