Tag Archives: Litigation Update

Indiana Trademark Litigation Update – Coach, Inc. v. Diggz Clothing

22 Wednesday Dec 2010

Posted by in Indiana, Litigation, Northern District of Indiana, Trademark

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Coach, Inc. et al v. Diggz Clothing LLC et al

Coach strikes again. Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Lafayette, Indiana. As always, Coach throws the kitchen sink at the Defendant.

Related case: Coach, Inc. et al v. TJ’s Handbags
Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al
Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00100-JVB -PRC
File Date: Wednesday, December 15, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diggz Clothing LLC, Lori Harth
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

Indiana Trademark Litigation Update – Traveler’s Joy v. Haycco

12 Sunday Dec 2010

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

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Traveler’s Joy Inc. v. Haycco, LLC

Straightforward trademark dispute with a hint of intentional imitation. Plaintiff has used the TRAVELER’S JOY trademark in connection with gift registry services since 2005. Defendant operates a honeymoon registry service at joyhoneymoon.com.  The Complaint doesn’t specify how long Defendant has been using the JOYHONEYMOON mark but the copyright notice on their website is 2009.

TRAVELER’S JOY v. JOY HONEYMOON…confusingly similar?

Court Case Number: 1:10-cv-01574-TWP-TAB
File Date: Tuesday, December 07, 2010
Plaintiff: Traveler’s Joy Inc.
Plaintiff Counsel: Robert L. Barlow, III of Bahret & Associates
Defendant: Haycco, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Dilution of Famous Mark
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Indiana Copyright Litigation Update – BMI v. Shenanigans

01 Wednesday Dec 2010

Posted by in Copyright, Intellectual Property, Litigation, Musicians, Northern District of Indiana

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Broadcast Music Inc et al v. Shenanigans Inc et al

Defendant played 10 songs in his Anderson “Couples Only” establishment, Shenanigans, without a license from BMI, one of three main performance royalty organizations (along w/ ASCAP and SESAC). BMI claims to be caused “great” and “incalculable” damage. Actually, it’s probably about $0.25/song in the jukebox, but we know what they’re saying. While BMI seems like a cranky giant, it’s actually doing this on behalf of all of the artists it represents. Otherwise, nobody collects money and artists have to bring these lawsuits themselves.

Here are the songs allegedly infringed (listen to FULL PLAYLIST):

  1. Gimme Three Steps – Lynryd Skynyrd
  2. Hard to Handle – Black Crowes
  3. Inside Out – Eve 6
  4. Old Time Rock and Roll – Bob Seger
  5. Rocky Mountain Way – Joe Walsh
  6. Simple Man – Lynyrd Skynyrd
  7. Cumbersome – Seven Mary Three
  8. I Love This Bar – Toby Keith
  9. Linus and Lucy – Vince Guaraldi
  10. Bleed it Out – Linkin Park

Leave a comment or send an email if you’d like a full copy of the Complaint.

Court Case Number: 2:10-cv-00458-TLS -APR
File Date: Tuesday, November 16, 2010
Plaintiff: Broadcast Music Inc
Songs of Universal Inc
EMI Virgin Songs Inc
Rondor Music International Inc
Less Than Zero Music
Southfield Road Music
Fake and Jaded Music
Muscle Shoals Sound Publishing Co
PeerMusic III Ltd
Barn-Storm Music Inc
Belkin Music
EMI Blackwood Music Inc
Seven Mary Three Music
Sony/ATV Songs LLC
Big Yellow Dog LLC
Tokeco Tunes
Lee Mendelson Film Productions Inc
Universal Music-Z Tunes LLC
Chesterchaz Publishing
Rob Bourdon Music
Nondisclosure Agreement Music
Big Bad Mr Hahn Music
Kenji Kobayashi Music
Plaintiff Counsel: Christopher S. Riley of Barnes & Thornburg LLP
Defendant: Shenanigans Inc, Matthew Kelly
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Andrew P. Rodovich

Indiana Trademark Litigation Update – Connecticut Electric v. Pacific Coast Breaker et al

26 Friday Nov 2010

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

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Connecticut Electric, Inc. v. Pacific Coast Breaker, Inc. et al

Plaintiff owns the  ZINSCO mark, which has been in use in connection with circuit breakers since 1974. Defendant initially bought Plaintiff’s circuits breakers for resale but then allegedly began manufacturing and selling its own counterfeit circuit breakers bearing the ZINSCO mark. Plaintiff also claims trade dress in the overall look and feel of the circuit breakers.

This case has an interesting public health component. Unlike the original ZINSCO breakers, which undergo a certification process, the knock-off breakers have not been tested (and therefore are not marked with the certification mark of a national testing lab). Let’s hope not many homes have had faulty ZINSCO breakers installed.

Court Case Number: 1:10-cv-01440-LJM-TAB
File Date: Tuesday, November 09, 2010
Plaintiff: Connecticut Electric, Inc.
Plaintiff Counsel: Douglas B. Bates of Stites & Harbison LLP, Vincent Allen of Carstens & Cahoon LLP
Defendant: Pacific Coast Breaker, Inc., PC Systems, Inc.
Cause: Trademark Counterfeiting, Trademark Infringement, Federal Trademark Dilution, Unfair Competition, False Designation of Origin & False Description, Trade Dress Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery Under IC 35-43-5-2(b), Counterfeiting Under IC 35-43-5-2(a)
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – CNH America v. Davis Equipment Sales & Service

23 Tuesday Nov 2010

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

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CNH America, LLC v. Davis Equipment Sales & Service, Inc.

Plaintiff CNH has sold agricultural products under the NEW HOLLAND marks since 1957. Defendant was previously an authorized reseller, but continues to use Plaintiff’s marks after termination of the license arrangement. Further evidence that it makes sense to spend some extra time up front drafting a concise trademark license rather than resort to litigation on the back end.

Court Case Number: 4:10-cv-00141-RLY-WGH
File Date: Tuesday, November 09, 2010
Plaintiff: CNH America, LLC
Plaintiff Counsel: Catherine A. Nestrick of Bamberger Foreman Oswald & Hahn
Defendant: Davis Equipment Sales & Service, Inc.
Cause: Trademark Infringement, Unfair Competition, Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.