Both parties in the latest Indiana trademark lawsuit operate food trucks in Indiana. The plaintiff has been operating as Twisted Tater since 2012, selling spiral cut potatoes placed on a skewer and deep fried.

The defendant apparently began operating as Twisted Taters in July 2021, selling “gourmet ribbon fryz.”

Plaintiff’s counsel sent a cease-and-desist letter in October 2023 and, unable to find a suitable resolution, now seek the intervention of the Southern District of Indiana.

The plaintiff received an Indiana state registration for their logo in 2016. They also received an Indiana trademark registration for the word mark TWISTED TATER on April 1, 2024. The plaintiff filed a federal trademark application for TWISTED TATER on March 29, 2024. However, a Google search reveals that there are several “Twisted Taters” in operation across the country, so the plaintiff may have some additional enforcement work and/or opposition defenses before they receive a federal registration. There are also some prior registrations for TWISTER FRIES and TWISTER that may lead to a Section 2(d) “likelihood of confusion” refusal.

Stay tuned for updates.

Peugh et al. v. Nadler et al.

Court Case Number: 1:24-cv-00764-JRS-TAB
File Date: May 3, 2024
Plaintiff: Charlotta Pugh, BCC Concessions, LLC d/b/a Twisted Tater
Plaintiff Counsel: Katie M. Charleston of Katie Charleston Law, PC
Defendant: Adam J. Nadler, Jr., Twisted Taters Food Truck and More, Does 1-10
Cause: Federal Trademark Infringement, Indiana State Trademark Infringement, Common Law Trademark Infringement, Unfair Use of Trade Name, Unfair Competition, Tortious Interference with Prospective Economic Advantage, Cybersquatting
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint: