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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Jr.

Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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Common Law Unfair Competition, False and Misleading Representations, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Jr., Michael G. Gotsch, Robert L. Miller, Sr., Trade Dress Infringement

The Plaintiff, Dwyer Instruments, is a manufacturer of industrial gages and controls headquartered in Michigan City. Plaintiff has used the registered trademark MAGNEHELIC since 1949.

The Defendants, a California manufacturer and Wal-Mart.com which lists the product, are accused of selling counterfeit gages with identical trade dress tp Plaintiff’s gages and a confusingly similar trademark, MAGRFHELIC.

Dwyer Instruments Inc v. Wal-Mart.com USA, LLC et al.

Court Case Number: 3:17-cv-00636-RLM-MGG
File Date: Tuesday, August 15, 2017
Plaintiff: Dwyer Instruments, Inc.
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Wal-Mart.com USA, LLC, Tasharina Corp.
Cause: Federal Trademark Infringement, Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint: 

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Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

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Breach of Contract, Common Law Trademark Infringement, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Jr., Michael G. Gotsch, Robert L. Miller, Sr., Texas Unfair Competition

Plaintiff is an RV manufacturer based in Middlebury, Indiana. Defendants are accused of “flagrantly” using Plaintiff’s ENTEGRA COACH registered trademark in Texas. The Complaint (below) details a scheme by which an unauthorized dealer was surreptitiously arranging for sales of Plaintiff’s motorhomes. Plaintiff brought this lawsuit seeking an injunction against further sales to protect the contracted rights of its authorized dealers.

Jayco, Inc.v. National Indoor RV Centers, LLC

Court Case Number: 3:17-cv-00458-RLM-MGG
File Date: Tuesday, June 13, 2017
Plaintiff: Jayco, Inc.
Plaintiff Counsel: Louis S. Chronowski of Seyfarth Shaw LLP
Defendant: National Indoor RV Centers, LLC
Cause: Federal Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Common Law Trademark Infringement, Texas Unfair Competition, Breach of Contract
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint:

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Sign Company sues Former Employee for Trademark Infringement and Unfair Competition

18 Monday Apr 2016

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

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Breach of Fiduciary Duty, Federal Trademark Infringement, Federal Unfair Competition, Illinois Deceptive Trade Practices, Illinois Trademark Infringement, John E. Martin, Jr., Robert L. Miller, State Trademark Infringement, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage

Defendant, a former employee of Plaintiff, is alleged to use have used Plaintiff’s company resources to benefit his own competing business. The Complaint (below) describes in detail (truly…the Complaint goes up to Exhibit JJJ) how Defendant apparently falsely claimed credit for Plaintiff’s past achievements and client relationships.

Stay tuned for updates.

Screen Shot 2016-04-18 at 7.44.39 AM

Landmark Signs Inc v. I C U Outdoor Advertising LLC et al

Court Case Number: 2:16-cv-00128-RLM-JEM
File Date: Friday, April 15, 2016
Plaintiff: Landmark Signs Inc.
Plaintiff Counsel: Cori A. Mathis of Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLC
Defendant: I C U Advertising LLC, Lawrence M. Yurko
Cause: Federal Unfair Competition, Breach of Fiduciary Duty, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage, Illinois Deceptive Trade Practices, Federal Trademark Infringement, State Trademark Infringement, Illinois Trademark Infringement
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: John E. Martin

Complaint:

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Hoverboard Maker Swagway Sued by UL for Trademark Counterfeiting

19 Friday Feb 2016

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

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Certification Mark, Christopher A. Nuechterlein, False Advertising, False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Jr., Litigation Update, Robert L. Miller, Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, Violation of the Illinois Deceptive Trade Practices Act

If you live anywhere near an electrical outlet (meaning all of you except those few remaining readers of the Indiana IP Zine), you’ve likely seen the Plaintiff’s trademark.

Plaintiff’s UL Certification Marks appear on “billions of household, consumer, commercial, and industrial products including refrigeration equipment, lighting products, cable, wiring, building materials, life safety vests, electric signs, batteries and power packs for computers and consumer electronics, traffic signals, sprinklers, and cash registers.”

The “UL” mark certifies that the product has been tested, inspected and satisfies applicable safety standards. Turn over whatever electrical device is closest and the “UL” probably is on there somewhere. (If not, back away slowly…) 

Defendant makes and sells the explosively popular Swagway hoverboard. Despite having never been tested nor inspected by UL, the Swagway product “allegedly used a mark that is identical to or substantially indistinguishable from the UL Certification Marks to falsely suggest that their Swagway hoverboard products have been tested, inspected, and certified by Plaintiff.”

Screen Shot 2016-02-19 at 6.13.13 AM

Further claims by Defendant’s CEO that the product was UL-certified along with significant safety concerns about the product, detailed in the Complaint below, led to this lawsuit.

UL LLC v. Swagway, LLC et al

Court Case Number: 3:16-cv-00075-RLM-CAN
File Date: Wednesday, February 17, 2016
Plaintiff: UL LLC
Plaintiff Counsel: Thomas F. Waggoner of Straub, Seamen & Allen, P.C.
Defendant: Swagway, LLC, Jianqing “Johnny” Zhu
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, False Advertising, Violation of the Illinois Deceptive Trade Practices Act, Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Christopher A. Nuechterlein

Complaint:

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