• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Litigation Update

Bedding companies in neighboring counties both claim BAMBOO LUXURY trademark

17 Tuesday May 2016

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

≈ Leave a comment

Tags

Common Law Unfair Competition, Federal Trademark Infringement, Litigation Update, Susan L. Collins, Theresa L. Springmann

Pillow fight! This trademark lawsuit involves the trademark BAMBOO LUXURY in connection with bedding and other household textiles.

bed sheets, bedspreads, bath mats, blankets, comforters, coverlets, curtains, duvets, duvet covers, furniture protectors, mattress pads, pillowcases, pillow shams, quilts, shams, sheets, sheet sets and throws

Plaintiff, located in Steuben County, Indiana, has used its registered trademark BAMBOO LUXURY since April 2015. An intent-to-use application had been filed with the USPTO in June 2014.

Defendant, located in neighboring LaGrange County, Indiana, uses the same trademark in connection with sheets. It is not clear when Defendant began using the trademark, although Plaintiff asserts that it is the senior user.

Screen Shot 2016-05-17 at 7.55.12 AM

Stay tuned for updates. This one could get dirty.

Duke Imports Inc. v. All That Jazz Trading LLC

Court Case Number: 1:16-cv-00160-TLS-SLC
File Date: Monday, May 16, 2016
Plaintiff: Duke Imports Inc.
Plaintiff Counsel: James A. McEntarfer
Defendant: All That Jazz Trading LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint:

View this document on Scribd

Richard Bell sues Forensics Expert over use of Indianapolis skyline photo

13 Friday May 2016

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

≈ Leave a comment

Tags

Copyright Infringement, Debra McVicker Lynch, Litigation Update, Photography, Richard Bell, Richard L. Young, Unfair Competition

It’s official…this being the third day in a row of him filing copyright lawsuits, we have another Richard Bell litigation spree! It had been awhile but Mr. Bell is apparently making up for lost time. Stay tuned to this blog over the next few days as we find out just how many people unwittingly used Mr. Bell’s Indianapolis skyline photographs.

In this action, Mr. Bell is suing a forensics consultant/trainer from Kansas City who used a skyline photo on his company’s website back in 2014.

Use the “Richard Bell” tag at left to find his other litigation.

Screen Shot 2016-05-13 at 8.13.29 AM

Richard N. Bell v. Maloney

Court Case Number: 1:16-cv-01193-RLY-DML
File Date: Thursday, May 12, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Michael Maloney
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Richard Bell sues Real Estate Company over use of Indianapolis skyline photo

12 Thursday May 2016

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

≈ Leave a comment

Tags

Copyright Infringement, Litigation Update, Matthew P. Brookman, Photography, Richard Bell, Tanya Walton Pratt, Unfair Competition

Use the “Richard Bell” tag at left to find other similar litigation involving these Indianapolis skyline photographs.

Screen Shot 2016-05-12 at 6.16.58 AM.png

Richard N. Bell v. Carmen Commercial Real Estate Services

Court Case Number: 1:16-cv-01174-TWP-MPB
File Date: Wednesday, May 11, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Carmen Commercial Real Estate Services
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Matthew P. Brookman

Complaint:

View this document on Scribd

Klipsch sues eBay Seller for Unauthorized Sale of Speakers

04 Wednesday May 2016

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

≈ Leave a comment

Tags

Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Matthew P. Brookman, William T. Lawrence

Klipsch, manufacturer of high-end audio speakers, is suing an eBay seller, HumanAudio, for unauthorized sales of its speakers.

In addition to selling “brand new” Klipsch speakers at discounted prices, the defendant is also accused of removing and replacing serial numbers, thus voiding any Klipsch warranty for the unwary end customer. Allowing an unauthorized licensor to continue with discounted sales undermines authorized distributors who must contractually maintain higher prices. Pressure from both authorized distributors and customers left without a warranty essentially forces legal action from Klipsch in this situation.

HumanAudio’s Klipsch speaker sales appear to continue unabated. Stay tuned for updates.

Screen Shot 2016-05-04 at 8.11.18 AM

Klipsch Group, Inc. v. Steve Myers d/b/a HumanAudio

Court Case Number: 1:16-cv-01034-WTL-MPB
File Date: Tuesday, May 3, 2016
Plaintiff: Klipsch Group, Inc.
Plaintiff Counsel: Dean E. McConnell of Indiano & McConnell LLC
Defendant: Steve Myers d/b/a HumanAudio
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Matthew P. Brookman

Complaint:

View this document on Scribd

Coop v. Co-op phonetic similarity fuels trademark dispute

02 Monday May 2016

Posted by Kenan Farrell in Intellectual Property

≈ Leave a comment

Tags

Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Deception, False Designation of Origin, Federal Trademark Infringement, Indiana Crime Victim's Relief Act, Litigation Update, Matthew P. Brookman, Sarah Evans Barker, Unfair Competition

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.

Screen Shot 2016-05-02 at 12.34.44 PM

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:

View this document on Scribd
← Older posts

Categories

  • Artists (20)
  • Authors (18)
  • Bloggers (36)
  • Branding (25)
  • Business Law (4)
  • Copyright (250)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (4)
  • Federal Initiatives (33)
  • Indiana (462)
  • Indianapolis (41)
  • Intellectual Property (514)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (452)
  • Musicians (10)
  • Nonprofit (5)
  • Northern District of Indiana (141)
  • Patent (41)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (53)
  • Southern District of Indiana (258)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (11)
  • Trade Secret (10)
  • Trademark (266)
  • 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.

Cancel