Tag Archives: Federal Unfair Competition

Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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The Plaintiff, Dwyer Instruments, is a manufacturer of industrial gages and controls headquartered in Michigan City. Plaintiff has used the registered trademark MAGNEHELIC since 1949.

The Defendants, a California manufacturer and Wal-Mart.com which lists the product, are accused of selling counterfeit gages with identical trade dress tp Plaintiff’s gages and a confusingly similar trademark, MAGRFHELIC.

Dwyer Instruments Inc v. Wal-Mart.com USA, LLC et al.

Court Case Number: 3:17-cv-00636-RLM-MGG
File Date: Tuesday, August 15, 2017
Plaintiff: Dwyer Instruments, Inc.
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Wal-Mart.com USA, LLC, Tasharina Corp.
Cause: Federal Trademark Infringement, Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint: 

North American Van Lines sues North America Prime, trucking competitor started by a former officer

26 Wednesday Jul 2017

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

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The Plaintiff, North American Van Lines, has been providing transportation services since 1969. A former officer of Plaintiff started a competing transportation company called North America Prime Lines. Numerous cease-and-desist communications were sent but the parties weren’t able to resolve their differences.

However, there are numerous negative instances of consumer confusion (a few samples below) so this situation definitely requires resolution.

North America Van Lines, Inc. v. North America Prime Inc. et al.

Court Case Number: 1:17-cv-00298-TLS-PRC
File Date: Friday, July 14. 2017
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Siobhán M. Murphy of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Prime Inc., Ean Manning
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Paul R. Cherry

Complaint:

Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

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Plaintiff is an RV manufacturer based in Middlebury, Indiana. Defendants are accused of “flagrantly” using Plaintiff’s ENTEGRA COACH registered trademark in Texas. The Complaint (below) details a scheme by which an unauthorized dealer was surreptitiously arranging for sales of Plaintiff’s motorhomes. Plaintiff brought this lawsuit seeking an injunction against further sales to protect the contracted rights of its authorized dealers.

Jayco, Inc.v. National Indoor RV Centers, LLC

Court Case Number: 3:17-cv-00458-RLM-MGG
File Date: Tuesday, June 13, 2017
Plaintiff: Jayco, Inc.
Plaintiff Counsel: Louis S. Chronowski of Seyfarth Shaw LLP
Defendant: National Indoor RV Centers, LLC
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Common Law Trademark Infringement, Texas Unfair Competition, Breach of Contract
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint:

Two Indiana firework companies in dispute over BLACK WIDOW trademark

16 Friday Jun 2017

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

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This lawsuit involves a dispute over the use of the BLACK WIDOW trademark in connection with fireworks. The Plaintiff, based in Evansville, Indiana, owns a federal registration and has used their BLACK WIDOW trademark since as early as March 12, 2013.

The Defendants, from Washburn, Indiana, have allegedly begun selling similar products also under a BLACK WIDOW trademark.

Cease-and-desist communications from Plaintiff to Defendant were not successful, hence this lawsuit. Stay tuned for updates.

The Really Good Stuff, Inc. v. Sky Thunder, LLC et al.

Court Case Number: 3:2017-cv-00096-RLY-MPB
File Date: Tuesday, June 13, 2017
Plaintiff: The Really Good Stuff, Inc.
Plaintiff Counsel: Rowdy G. Williams of Rowdy G. Williams Law Firm, PC
Defendant: Sky Thunder, LLC, Michael A. Kimberling
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Klipsch sues Online Store for Unauthorized Sale of Speakers, Fake Serial Numbers

07 Saturday Jan 2017

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

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Klipsch, an Indiana-based manufacturer of high-end audio speakers, is suing Concealedaudio.com, an online speaker store, for unauthorized sales of Klipsch speakers.

In addition to selling “new” Klipsch speakers at discounted prices, the Defendant is also accused of removing and replacing serial numbers, thus voiding any Klipsch warranty for the unwary end customer. Allowing an unauthorized distributor to continue with discounted sales undermines authorized distributors who must contractually maintain higher prices. Pressure from both authorized distributors and customers left without a warranty essentially forces legal action from Klipsch in this situation.

The Defendant’s Klipsch speaker sales appear to continue unabated. Stay tuned for updates.

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Klipsch Group, Inc. v. Concealedaudio.com

Court Case Number: 1:17-cv-00034-TWP-MPB
File Date: Thursday, January 5, 2017
Plaintiff: Klipsch Group, Inc.
Plaintiff Counsel: Dean E. McConnell of Indiano & McConnell LLC
Defendant: Concealedaudio.com
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Matthew P. Brookman

Complaint: 

Fishers sign company sues competitor for cybersquatting

13 Wednesday Jul 2016

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

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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:

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

07 Thursday Jul 2016

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

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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:

Indiana Botanic Gardens files lawsuit to protect EUCAMINT trademark

01 Wednesday Jun 2016

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

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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:

Trademark lawsuit filed over HYDRAPURE (pipe fittings) vs. HYPERPURE (plumbing pipes)

09 Monday May 2016

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

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This lawsuit arises out of Defendant’s allegedly infringing use of the HYPERPURE mark in violation of Plaintiff’s registered trademark HYDRAPURE®.

Plaintiff uses its trademark in connection with pipe fittings and related parts. Defendant uses its trademark in connection with plumbing pipes.
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NIBCO Inc. v. Legend Valve & Fitting, Inc.

Court Case Number: 3:16-cv-00275-JVB-CAN
File Date: Friday, May 6, 2016
Plaintiff: NIBCO Inc.
Plaintiff Counsel: Matthew J. Gipson of Price Heneveld LLP
Defendant: Legend Valve & Fitting, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Christopher A. Nuechterlein

Complaint:

Klipsch sues eBay Seller for Unauthorized Sale of Speakers

04 Wednesday May 2016

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

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Klipsch, manufacturer of high-end audio speakers, is suing an eBay seller, HumanAudio, for unauthorized sales of its speakers.

In addition to selling “brand new” Klipsch speakers at discounted prices, the defendant is also accused of removing and replacing serial numbers, thus voiding any Klipsch warranty for the unwary end customer. Allowing an unauthorized licensor to continue with discounted sales undermines authorized distributors who must contractually maintain higher prices. Pressure from both authorized distributors and customers left without a warranty essentially forces legal action from Klipsch in this situation.

HumanAudio’s Klipsch speaker sales appear to continue unabated. Stay tuned for updates.

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Klipsch Group, Inc. v. Steve Myers d/b/a HumanAudio

Court Case Number: 1:16-cv-01034-WTL-MPB
File Date: Tuesday, May 3, 2016
Plaintiff: Klipsch Group, Inc.
Plaintiff Counsel: Dean E. McConnell of Indiano & McConnell LLC
Defendant: Steve Myers d/b/a HumanAudio
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Matthew P. Brookman

Complaint: