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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Federal Unfair Competition and False Designation of Origin

Indiana Trademark Litigation Update – Hartfield Company v. Jeffrey Hartfield

08 Thursday Oct 2015

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

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Common Law Unfair Competition and Trademark Infringement, Federal Unfair Competition and False Designation of Origin, Litigation Update, Sarah Evans Barker, William G. Hussmann

After 35 years of working for the company bearing his father’s name, son sought to go out on his own. With 35 years of experience in one industry, he of course decided to start a similar company. But could he start a company also bearing his own (and his father’s) last name? Not if the new owner of daddy’s company has anything to say about it.

Trademark and surnames are often problematic. Here’s some basic info to consider as you analyze the Complaint:

Screen Shot 2015-10-07 at 9.39.13 AM

Think HARTFIELD?

Hartfield Company Inc. et al v. Jeffrey Hartfield et al

Court Case Number: 4:15-cv-00143-SEB-WGH
File Date: Monday, October 5, 2015
Plaintiff: Hartfield Company Inc., National Financial Partners Corp.
Plaintiff Counsel: Kendall Millard of Barnes & Thornburg LLP
Defendant: Jeffrey Hatfield, Hartfield Solutions LLC
Cause: Federal Unfair Competition and False Designation of Origin, Common Law Unfair Competition and Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

Complaint:

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Indiana Trademark Litigation Update – Baby Trend v. Phil and Teds Most Excellent Buggy Company

31 Monday Aug 2015

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition and False Designation of Origin, Litigation Update

Plaintiff Baby Trend has used the registered NAVIGATOR trademark in connection with strollers and related products for over fifteen years.

Defendant, a New Zealand limited company, is alleged to be selling a stroller under an identical trademark (see Complaint below for photographs). Plaintiff’s cease-and-desist communications to Defendant beginning in June 2015 have proven unsuccessful, hence this lawsuit.

Baby Trend Inc. v. Phil and Teds Most Excellent Buggy Company Ltd.

Court Case Number: 1:15-cv-01353-TWP-TAB
File Date: Wednesday, August 26, 2015
Plaintiff: Baby Trend Inc.
Plaintiff Counsel: R. Trevor Carter, Brad R. Maurer of Faegre Baker Daniels LLP
Defendant: Phil and Teds Most Excellent Buggy Company Ltd.
Cause: Federal Trademark Infringement, Federal Unfair Competition and False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

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