Tag Archives: Indiana Crime Victim’s Relief Act

Delta Faucet Company sues Russian Counterfeiters over Unauthorized Amazon Sales

29 Monday Mar 2021

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

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Delta Faucet Company is going after Russian counterfeit faucet sellers in the Southern District of Indiana. In a lengthy and well-drafted Complaint (below), the Plaintiff details how a company’s trademarks are impacted by negative online marketplace reviews and unauthorized sellers. The lawsuit potentially exposes a gray market existing within Amazon’s “Fulfillment by Amazon” services that allows for counterfeit sales, leading to invalid product warranties, disgruntled consumers, and a damaged brand.

This lawsuit, along with Delta’s upgraded authorized seller policies (described in the Complaint), could serve as a good model for other companies dealing with online counterfeits. Although I predict the individual counterfeiters will simply disappear to continue on behind other aliases, Delta is likely more interested in getting an injunction to prevent further Amazon sales, setting precedent against counterfeiters and possibly allowing them to address the numerous unearned negative product reviews.

Stay tuned for updates.

Delta Faucet Company v. Iakovlev et al.

Court Case Number: 1:21-cv-00733-JRS-TAB
File Date: March 25, 2021
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Dmitrii Iakovlev, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint:

Indiana brewery alleges rights in its CORN MAZE BEER FEST stolen by own marketing agency

31 Monday Jul 2017

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

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This trademark lawsuit arises out of a dispute over ownership of the term “Corn Maze Beer Fest.”

The Plaintiff, 450 North Brewing Co. of Columbus, Indiana, hosted an event under that name in 2016 in the fields surrounding their brewery.

The Defendant is an Indiana company specializing in marketing for craft beer events.

The parties had worked together (with only an unsigned agreement and oral contract) on the 2016 event but a dispute has arisen over ownership of the event name. Despite the parties terminating their business relationship in early 2017, Defendant appears to be moving forward with its own version of a CORN MAZE BEER FEST, still being actively promoted on the website that Plaintiff believes it should own.

Stay tuned for updates.

Brix Haus Brewing Inc. d/b/a 450 North Brewing Co. v. Indiana On Tap, LLC

Court Case Number: 1:17-cv-02529-JMS-MPB
File Date: July 27, 2017
Plaintiff: Brix Haus Brewing Inc. d/b/a 450 North Brewing Co.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: Indiana On Tap, LLC
Cause: False Designation of Origin, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception, Conversion, Theft, Fraud, Tortious Interference with Economic Advantage
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Matthew P. Bookman

Complaint:

USA Football asserts ownership of “U.S. National Team” trademark, loses governing authority

10 Wednesday May 2017

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

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This lawsuit involves ownership of the “U.S. National Team” trademark. Plaintiff USA Football, Inc., the official youth football development partner of the NFL, claims exclusive use of the “U.S. National Team” mark since 2011.

Defendant, the U.S. Federation of American Football, is working to organize its own football team to participate in The World Games 2017 (held in Wrocław, Poland from July 20 – July 30, 2017) as the “U.S. National Team.”

Complicating matters is the fact that Plaintiff has recently lost its standing as the national governing body of American football. The International Federation of American Football (IFAF) withdrew recognition of Plaintiff’s authority in the USA due to “multiple, continuous and ongoing violations of the IFAF Anti-Doping Code.” With the expulsion of Plaintiff from IFAF, it’s not completely clear which, if any, organization is authorized to assemble a U.S. team for international competitions.

This case should get interesting so stay tuned for updates.

USA Football, Inc. v. U.S. Federation of American Football

Court Case Number: 1:17-cv-01395-LJM-DKL
File Date: Tuesday, May 2, 2017
Plaintiff: USA Football, Inc.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: U.S. Federation of American Football
Cause: Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

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:

Coop v. Co-op phonetic similarity fuels trademark dispute

02 Monday May 2016

Posted by in Intellectual Property

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Plaintiff is a farmer owned cooperative which operates an oil exploration, production, refining, and marketing company. They have used their registered CO-OP trademark since at least 1991.

Defendant is a fuel company called Coop (pronounced Co-op) Fuels. They were first contacted by Plaintiff two weeks ago regarding their confusingly similar trademark and, apparently, did not act quickly enough to change their name.

Screen Shot 2016-05-02 at 12.38.25 PMNote the Defendant’s website is currently down and its Facebook page has announced “big changes coming,” so perhaps a name change is already underway. Stay tuned for updates.

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Countrymark Refining and Logistics, LLC v. Coop Fuels, Inc.

Court Case Number: 1:16-cv-00972-SEB-MPB
File Date: Friday, April 29, 2016
Plaintiff: Countrymark Refining and Logistics, LLC
Plaintiff Counsel: David K. Herzog, Amie Peele Carter, Louis T. Perry of Faegre Baker Daniels LLP
Defendant: Coop Fuels, Inc.
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition, Contributory Trademark Infringement, Common Law Unfair Competition, Deception, Conversion, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Matthew P. Brookman

Complaint: