False Advertising, False Marking, Holly A. Brady, Indiana Deceptive Trade Practices Act, Susan L. Collins
Paint roller cleaners are the subject of the latest Indiana false advertising and trademark lawsuit. More specifically, the lawsuit involves the alleged behavior of defendants that held out a plaintiff’s product as their own while actually selling competing product.
The plaintiff is Roller Ready, LLC of Fort Wayne, Indiana, owner of trademark and patent rights in a ROLLER READY product that cleans paint rollers.
In 2021, Roller Ready agreed to let an individual promote their product at the 2021 National Hardware Show. However, the product was apparently promoted under the brand of another company, Monkey Rung. The product won an award and all resulting recognitions went to Monkey Rung rather than Roller Ready.
Online links about the Roller Ready product point to Monkey Rung’s website with a competing product. Monkey Rung controls, and seemingly won’t relinquish, an Amazon listing for the Roller Ready product. Monkey Rung even listed the Roller Ready product on its own website’s Product Portfolio (see Complaint below).
The defendants are accused of intentionally misleading the public and degrading Roller Ready’s goodwill. Defendants act as if they own the Roller Ready product, so maybe they think they do. There are often two sides to a story, so stay tuned for what will likely be an interesting Answer. The defendants are not from Indiana, so first there could be some jurisdictional challenges.
Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al.
Court Case Number: 1:23-cv-00068-HAB-SLC
File Date: February 14, 2023
Plaintiff: Roller Ready, LLC
Plaintiff Counsel: Benjamin D. Ice of Barrett McNagny LLP
Defendant: LA Systems, LLC d/b/a Monkey Rung, Paul Kiley
Cause: False Advertising, False Marking, Indiana Deceptive Trade Practices Act, Federal Trademark Infringement
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins