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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Federal Unfair Competition

Indiana Trademark Litigation Update – HRHH Hotel/Casino v. Bella Vita

21 Thursday May 2015

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

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Dilution, False Designation of Origin, Federal Unfair Competition, Litigation Update, Mark J. Dinsmore, State Unfair Competition, Trademark Infringement, Unfair Competition, William T. Lawrence

The Hardrock Hotel and Casino has been hosting a popular daytime party, The Rehab Pool Party, since 2004. Plaintiffs own multiple trademarks referring to daytime parties, and the Rehab name and logo. For the past few years, Bella Vita Lakeside restaurant and bar in Indianapolis has hosted weekly pool parties called “Rehab+ Sundays.” Plaintiffs allege that Defendant’s party logo is confusingly similar to Plaintiffs’ owned trademarks. In fact, a local blog claimed “Bella Vita borrowed the “Rehab” theme from the Hard Rock Hotel and Casino.” Plaintiffs allege that Defendants have refused to cease their infringing use and intend to continue to organize and host the “Rehab+ Sundays” pool parties in the Summer of 2015.

HRHH Hotel/Casino LLC et al v. Bella Vita LLC et al

Court Case Number: 1:15-cv-00791-WTL-MJD
File Date: Wednesday, May 20, 2015
Plaintiff: HRHH Hotel/Casino LLC, HRHH IP, LLC
Plaintiff Counsel: Gregory F. Hahn, Craig E. Pinkus of Bose McKinney & Evans LLP
Defendant: Bella Vita LLC, Henri B. Najem
Cause: False Designation of Origin and Unfair Competition, Trademark Infringement, Dilution, Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

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Indiana Trademark Litigation Update – Wheaton Van Lines v. Faulk-Collier Moving & Storage

09 Thursday Apr 2015

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

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Account Stated, Breach of Contract, Debra McVicker Lynch, Federal Unfair Competition, Litigation Update, State Unfair Competition, Tanya Walton Pratt, Trademark Dilution, Trademark Infringement

Per the Complaint:

Plaintiff, an Indiana company, entered into an agency agreement with Defendant, a Louisiana company, in March 2014. In May 2014, Defendant signed a promissory note for over $32,000, including numerous vans and trailers as collateral. The agency agreement was then terminated in October 2014. Plaintiff sent Defendant multiple letters regarding amounts owed (over $73,000) and cessation of trademark usage. Now, Plaintiff alleges that Defendant continues to advertise services under Plaintiff’s name and operated numerous pieces of equipment in interstate commerce which impermissibly bore the trademark owned by Plaintiff.

Wheaton Van Lines Inc. et al v. Faulk-Collier Moving & Storage LLC et al

Court Case Number: 1:15-cv-00556-TWP-DML
File Date: Wednesday, April 08, 2015
Plaintiff: Wheaton Van Lines Inc., Bekins Van Lines Inc.
Plaintiff Counsel: S. Andrew Burns of Cox Sargeant & Burns PC
Defendant: Faulk-Collier Moving & Storage LLC, David Vaughn
Cause: Breach of Contract, Account Stated, Trademark Infringement, Federal and State Unfair Competition/Trademark Dilution
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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Exhibit A: Agency Agreement

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Exhibit B: Promissory Note

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Exhibits C & D: Termination of Agreement

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Indiana Trademark Litigation Update – NextEra Energy v. Nextra Technologies

16 Thursday Oct 2014

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

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Christopher A. Nuechterlein, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Philip P. Simon

Plaintiff is one of the largest electric power companies in North America and owns 167 trademark registrations including its “NextEra” mark. Defendant recently began to market, manufacture, import, distribute, license and/or sell energy products and services—including wind turbine components, solar panels, lithium batteries, and integrated new energy systems – under the name Nextra.

NextEra Energy Inc v. Nextra Technologies LLC

Court Case Number: 3:14-cv-01941
File Date: Wednesday, October 08, 2014
Plaintiff: NextEra Energy Inc
Plaintiff Counsel: Matthew Farley of Drinker Biddle & Reath LLP
Defendant: Nextera Technologies LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

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Indiana Trademark Litigation Update – Property Damage Appraisers v. John Mosley et al

17 Wednesday Sep 2014

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

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Defamation, Federal Unfair Competition, Litigation Update, Mark J. Dinsmore, Notice of Removal, Richard L. Young, State Unfair Competition, Tortious Interference with Business Relationships

Property Damage Appraisers Inc. v. John Mosley et al

Court Case Number: 1:14-cv-01490-RLY-MJD
File Date: Friday, September 12, 2014
Plaintiff: Property Damage Appraisers Inc.
Plaintiff Counsel: Derek R. Molter of Ice Miller LLP
Defendant: John Mosley, Clinton Body Shop Inc.
Cause: Federal Unfair Competition, State Unfair Competition, Defamation, Tortious Interference with Business Relationships
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

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Indiana Trademark Litigation Update – Chanel v. Chanel’s Salon

05 Friday Sep 2014

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

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Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Paul R. Cherry, State Trademark Infringement, State Unfair Competition, Theresa L. Springmann

From the Complaint: “Chanel recognizes the fact that “Chanel” is the first name of Defendant Chanel Jones. But this suit is not about Ms. Jones’ ability to use her name to identify herself. Ms. Jones is using CHANEL as a trade name for a beauty business and commercially exploiting the name CHANEL. There is no absolute right to exploit one’s given name commercially if such use is inconsistent with Chanel’s rights. In this case, Ms. Jones is not using her entire name but is instead only using that part of her name that copies Chanel’s famous CHANEL trademark. Ms. Jones’ use began long after the CHANEL mark was registered and became famous, and Ms. Jones’ use is in connection with services related to those offered by Chanel.”

Chanel, Inc. v. Chanel’s Salon LLC et al

Court Case Number: 2:14-cv-00304
File Date: Friday, August 29, 2014
Plaintiff: Chanel, Inc.
Plaintiff Counsel: Gregory A Neibarger
Defendant: Chanel’s Salon LLC, Chanel Jones
Cause: Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, State Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Paul R. Cherry

Complaint:

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