• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Federal Unfair Competition

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

≈ Leave a comment

Tags

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:

View this document on Scribd

Indiana Trademark Litigation Update – Darryl D. Agler v. Westheimer Corporation

28 Friday Mar 2014

Posted by Kenan Farrell in Intellectual Property

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Conversion, Deception, False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim's Relief Act, Jon E. DeGuilio, Litigation Update, Roger B. Cosbey, Unjust Enrichment

Alleged Infringing Product - Exhibit F to Complaint

Alleged Infringing Product – Exhibit F to Complaint

Plaintiff is a custom guitar-maker from Fort Wayne, Indiana. He has sold his high-quality guitars under the registered STRATOTONE trademark since 2007.

Plaintiff’s high-end guitars are “painstakingly hand-crafted from the wood of a customer’s choosing and features vintage hardware and pick-ups.” They generally retail for above $1,250. Defendant has allegedly flooded the market with lower quality, cheaper (between $200-400) guitars that bear the STRATOTONE Mark. Plaintiff discovered the infringing products at a NAMM show in 2010, where he confronted Defendant’s personnel.

Defendant, based in Illinois, attempted to file its own trademark application for STRATOTONE in December 2012 but was rejected based on Plaintiff’s registration. In response, Defendant has attempted to cancel Plaintiff’s registration and Plaintiff has brought this lawsuit.

Darryl D. Agler v. Westheimer Corporation

Court Case Number: 1:14-cv-00099
File Date: Thursday, March 27, 2014
Plaintiff: Darryl D. Agler
Plaintiff Counsel: Louis T. Perry, Amie P. Carter of Faegre Baker Daniels LLP
Defendant: Westheimer Corporation
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Trademark Counterfeiting, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Roger B. Cosbey

View this document on Scribd

Indiana Trademark Litigation Update – Windstream Technologies v. Rambo, LLC

06 Wednesday Nov 2013

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

≈ Leave a comment

Tags

Breach of Contract, Federal Unfair Competition, Interference with Contract and Prospective Economic Advantage, Litigation Update, Passing Off, Sarah Evans Barker, Trademark Infringement, William G. Hussmann

pgfu1

Here’s yet another tale of a dealer relationship gone bad. Plaintiff, a California company operating in North Vernon, Indiana, is a wind turbine manufacturer.  Defendant Rambo, LLC, located in Madison, Indiana, was contracted to provide component parts and act as an authorized dealer of Plaintiff’s products in certain territories.

See the Complaint below for the Plaintiff’s version of how things went wrong. Hopefully for the rest of us these parties can sort their differences soon and get back to providing more wind energy for Indiana.

Stay tuned for updates.

Windstream Technologies, Inc. v. Rambo, LLC et al

Court Case Number: 4:13-cv-00180-SEB-WGH
File Date: Tuesday, November 05, 2013
Plaintiff: Windstream Technologies, Inc.
Plaintiff Counsel: Matthew Wilder Lorch of Lorch Law Office, LLC
Defendant: Rambo, LLC, Rambo Montrow Corporation, Rick Keebler, Does 1 through 10
Cause: Federal Unfair Competition, Passing Off, Trademark Infringement, Breach of Contract, Interference with Contract and Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

View this document on Scribd

 

Indiana Trademark Litigation Update – Blue Martini Founders v. Russell Allen

01 Saturday Dec 2012

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

≈ Leave a comment

Tags

Federal Unfair Competition, Litigation Update, Mark J. Dinsmore, Richard L. Young, Trademark Infringement

Blue Martini Founders LLC v. Russell Allen et al

Court Case Number: 1:12-cv-01756-RLY-MJD
File Date: Friday, November 30, 2012
Plaintiff: Blue Martini Founders LLC
Plaintiff Counsel: Kari H. Halbrook of Lewis, Brisbois, Bisgaard & Smith, LLP
Defendant: Russell Allen, Heritage Entertainment, Inc., Does 1-10
Cause: Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

View this document on Scribd

Indiana Trademark Litigation Update – Noble Roman’s v. Village Pantry

06 Thursday Sep 2012

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

≈ Leave a comment

Tags

Breach of Contract, Common Law Trade Dress Infringement, Denise K. LaRue, Federal Unfair Competition, Noble Roman's, Richard L. Young, Southern District of Indiana, Trade Dress Infringement, Unfair Competition

Noble Roman’s Inc. v. Village Pantry LLC

Court Case Number: 1:12-cv-01252-RLY-DKL
File Date: Wednesday, September 05, 2012
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Curtis T. Jones of Bose McKinney & Evans LLP
Defendant: Village Pantry LLC
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd
← Older posts
Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (332)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (34)
  • Indiana (609)
  • Indianapolis (52)
  • Intellectual Property (672)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (602)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (217)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (371)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (370)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar
Loading Comments...