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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Litigation Update

Indiana Trademark Litigation Update – Zimmer v. Ari Kresch

17 Thursday Feb 2011

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

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Tags

Christopher A. Nuechterlein, Common Law Product Disparagement, Common Law Trademark Infringement, Common Law Unfair Competition, Cybersquatting, Defamation, False Advertising, False Designation of Origin, Litigation Update, Tortious Interference with Business Relationships, Trademark Infringement, Unfair Competition, William C Lee

Zimmer Inc v. Ari Kresch et al

Court Case Number: 3:11-cv-00063-WCL -CAN

File Date: Wednesday, February 16, 2011

Plaintiff: Zimmer Inc
Plaintiff Counsel: Abigail M Butler, Angela K Hall, April Edwards Sellers, Joseph H Yeager, Jr., Kyle B Osting of Baker & Daniels
Defendant: Ari Kresch, Kresch/Oliver PLLC, Pulaski & Middleman LLC, Weller Green Toups & Terrell LLP, Kresch Legal Services PLC
Cause: Defamation, Tortious Interference with Business Relationships, False Advertising and Unfair Competition, Product Disparagement and Unfair Competition Under Common Law, Cybersquatting, Trademark Infringement, Unfair Competition and False Designation of Origin, Unfair Competition and Trademark Infringement Under Common Law
Court: Northern District of Indiana
Judge: Judge William C Lee
Referred To: Magistrate Judge Christopher A Nuechterlein

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Indiana Trademark Litigation Upate – White Lodging v. Mazer-Marino

11 Friday Feb 2011

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

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Debra McVicker Lynch, declaratory Judgment of Non-Infringement, Litigation Update, Sarah Evans Barker, Trademark Infringement

White Lodging Services Corporation v. Jil Mazer-Marino et al

Court Case Number: 1:11-cv-00208-SEB-DML
File Date: Thursday, February 10, 2011
Plaintiff: White Lodging Services Corporation                                                                                                                     
Plaintiff Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Defendant: Jil Mazer-Marino, Leroy Adventures, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

08 Tuesday Feb 2011

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

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Tags

Breach of Contract, Conversion, Copyright Infringement, Declaratory Relief, Litigation Update, Misappropriation of Trade Secrets, Richard L. Young, Tim A. Baker, Unfair Competition

Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

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MOTION FOR PRELIMINARY INJUNCTION:

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BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

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Indiana Trademark Litigation Update – Noble Roman’s Inc. v. Brabham Oil Company

06 Sunday Feb 2011

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

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Tags

Breach of Contract, Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Trade Dress Infringement, Unfair Competition

Noble Roman’s Inc. v. Brabham Oil Company et al

Noble Roman’s has filed yet another trademark lawsuit (the 18th since 2007) to enforce the terms of an expired franchise agreement. The Indiana-based pizza chain alleges that the South Carolina-based gas station chain formerly operated seven Noble Roman’s franchise locations and continued to use Noble Roman’s trade dress after the franchise agreements terminated.

Court Case Number: 1:11-cv-00135-SEB-DML
File Date: Thursday, January 27, 2011
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Marisol Sanchez of Bose McKinney & Evans, LLP
Defendant: Brabham Oil Company, Brabham Oil Company dba E-Z SHOP
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

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Indiana Trademark Litigation Update – Trustees of Purdue University v. Reinke Sports Group LLC et al

19 Wednesday Jan 2011

Posted by Kenan Farrell in Intellectual Property

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Tags

Andrew P. Rodovich, Common Law Trademark Infringement, Cyberpiracy under the Lanham Act, Declaratory and Injunctive Relief, Dilution, False Designation of Origin, Litigation Update, Passing Off, Philip P. Simon, Trademark Infringement

The Trustees of Purdue University v. Reinke Sports Group LLC et al

Purdue University, a world-renowned institution of higher learning, is located in West Lafayette, Tippecanoe County, Indiana. In late 2009, the Defendants announced their intention to hold a foot racing event called “Home of Purdue Half Marathon” in the Lafayette-West-Lafayette area. Purdue’s attorneys sent the standard cease-and-desist letters objecting to the use of the University’s trademarks. Nevertheless, Defendant continued to advertise the event as being connected to and affiliated with the University.  The event was run on Oct. 24, 2010 without permission from Purdue University.

This case was removed from Tippecanoe Circuit Court.

Court Case Number: 4:11-cv-00005-PPS -APR
File Date: Thursday, January 13, 2011
Plaintiff: Trustees of Purdue University
Plaintiff Counsel: William P. Kealey of Stuart & Branigin LLP
Defendant: Reinke Sports Group LLC, Dean Reinke, Allsportcentral.com Inc.
Defendant Counsel: Matthew S Tarkington and Peter S French of Lewis & Kappes PC
Cause: Declaratory and Injunctive Relief, Trademark Infringement, Common Law Trademark Infringement, False Designation of Origin, Dilution, Cyberpiracy under the Lanham Act, Unfair Competition by Passing Off
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Andrew P. Rodovich

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