Tag Archives: Mario Garcia

“Diamond Tile” Copyright Lawsuit Refiled Against Hong Kong Resident

18 Thursday Apr 2024

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

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This new copyright lawsuit is a refile of the recently-terminated January lawsuit between two Chinese corporations, now also naming an individual defendant living in Hong Kong. The lawsuit involves alleged infringing sales on Amazon.com of a knockoff of plaintiff’s “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al.

Court Case Number: 1:24-cv-00644-JRS-MG
File Date: April 11, 2024
Plaintiff: Guangzhou Shima Decoration Materials Co., Ltd
Plaintiff Counsel: Michael A. Swift, Harold C. Moore, Travis W. Baxter of Maginot, Moore & Beck, LLP
Defendant: Shenzhen Ruimingxiang Technology Co., Ltd., Shi Lei
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mario Garcia

Complaint:

Two Indiana Valve Companies involved in Trade Dress Lawsuit over Yellow Valve Handles

02 Monday Oct 2023

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

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Banjo Corporation of Crawfordsville, Indiana, designs, manufactures, distributes, and sells control valves for regulating the flow of liquids in hoses and pipes. Since 1994, Banjo’s valves have had distinctive yellow-colored handles. Banjo currently sells approximately 150 types of control valves, all bearing the distinctive yellow handles.

Green Leaf of Fontanet, Indiana, has been selling control valves with green handles since 1983. In 2019, after hiring 2 ex-Banjo employees, Green Leaf launched a line of yellow-handled valves. Green Leaf’s new valve line uses the name TERREMAX.

In a lawsuit filed in the Southern District of Indiana, Banjo accuses Green Leaf of violating its trade dress in the yellow valve handles. The name TERREMAX is also allegedly meant to imitate Banjo’s line of TERRE and TERRE KNIFE products. The Complaint (below) details other alleged deceptive conduct by Green Leaf, but we’ll be most interested in watching the trade dress claim for the yellow handle design.

Stay tuned for updates.

Banjo Corporation v. Green Leaf, Inc.

Court Case Number: 1:23-cv-01770-SEB-MG
File Date: September 29, 2023
Plaintiff: Banjo Corporation
Plaintiff Counsel: Dwight D. Lueck of Barnes & Thornburg, LLP, Jonathan E. Moskin of Foley & Lardner LLP
Defendant: Green Leaf, Inc.
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, Federal False Designations of Origin, Federal False Advertising, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mario Garcia

Complaint:

Fireworks involved in first Indiana Trademark Lawsuit of 2023

10 Tuesday Jan 2023

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

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Happy New Year! It didn’t take long to get the first Indiana trademark (and trade dress) lawsuit of 2023, and in continuation of the festive celebrations, it involves fireworks.

The Defendants are alleged to be selling fireworks that infringe the Plaintiff’s registered TIKI, GHOST, and XL trademarks, as well as a “Tiki Trade Dress”.

The parties seem to be all major players in the fireworks industry, so they likely have some history. The Plaintiff has registered trademarks and it seems that the Defendants introduced new competing products utilizing similar marks after the registration date. As always, the Defendants’ Answer may tell another side of the story so stay tuned for updates.

1.4G Holdings, LLC v. North Central Industries, Inc. et al.

Court Case Number: 1:23-cv-00037-TWP-MG
File Date: January 5, 2023
Plaintiff: 1.4G Holdings, LLC
Plaintiff Counsel: Philip R. Zimmerly of Bose McKinney & Evans LLP
Defendants: North Central Industries, Inc., Great Grizzly, Inc., R.Brown, Inc.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Misappropriation
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mario Garcia

Complaint:

Center for Gestalt Development sues Indiana Resident for Publication of Gestalt Therapy Manuscripts

15 Tuesday Nov 2022

Posted by in Intellectual Property

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The named defendant in this copyright lawsuit is accused of publishing previously unpublished manuscripts of Frederick Perls, a psychiatrist who developed Gestalt therapy, an influential form of psychotherapy. The plaintiff is the Center of Gestalt Development, who claim ownership of the manuscripts.

The named defendant, an Indiana resident, successfully challenged jurisdiction and venue in the Eastern District of Pennsylvania, so the lawsuit was refiled against him in Indiana. There are two other French defendants and the plaintiff is seeking to consolidate the cases in Indiana.

Stay tuned for updates.

The Center for Gestalt Development, Inc. v. Bowman

Court Case Number: 1:22-cv-02185-JMS-MG
File Date: November 9, 2022
Plaintiff: The Center for Gestalt Development, Inc.
Plaintiff Counsel: George A. Gasper, Brian Cavanaugh of Ice Miller LLP
Defendant: Charles Bowman
Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mario Garcia

Complaint:

Pro Se Copyright (?) Complaint filed against OnStar General Motors – U.K.

07 Monday Nov 2022

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

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Pro se complaints are often a bit unusual, typically foregoing many of the requisite formalities of a proper federal lawsuit initiating document, but this case will certainly require an Amended Complaint. I’ll leave it to the blog readers to decipher what could be a complaint for copyright infringement of a work uniform and hats. The Complaint (below) doesn’t elaborate on how the defendants, OnStar General Motors – U.K. and Terri Harris (apparently a Support Assistant at the Library of Congress), are involved.

I wonder if this was meant to be a copyright application. However, the first page at least is styled like a Complaint and it was mailed to the Southern District of Indiana, so we’ll have to wait and see. Stay tuned for updates.

Mickles v. OnStar General Motors – U.K.

Court Case Number: 2:22-cv-00496-JPH-MG
File Date: November 4, 2022
Plaintiff: Terrell Mickles, Canietra Brown, Andrea Shoots, Carlette Mitchell
Plaintiff Counsel: Pro Se
Defendants: OnStar General Motor – U.K., Terri Harris @ Library of Congress
Cause: Copyright Infringement (?)
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mario Garcia

Complaint: