• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Michael G. Gotsch

HVAC Manufacturer sues Indiana RV Manufacturer for Trademark Infringement

12 Monday Aug 2019

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

≈ Leave a comment

Tags

Common Law Unfair Competition, Damon R. Leichty, Federal Trademark Infringement, Federal Unfair Competition, Michael G. Gotsch

The Plaintiff in this trademark lawsuit is Trane International, Inc., a well-known manufacturer of HVAC systems and controls. Since at least as early as 1992, Plaintiff has used the trademark BUILT TO A HIGHER STANDARD. Trane owns U.S. Trademark Registration Number 5,380,586 for the trademark BUILT TO A HIGHER STANDARD covering “air conditioners; furnaces; heat pumps” in Class 11 and “installation, repair, and maintenance of heating, ventilating, and air conditioning products” in Class 37.

The Defendant is a Middlebury, Indiana-based manufacturer of recreational vehicles. Defendants have allegedly used an identical BUILT TO A HIGHER STANDARD trademark in connection with temperature control devices incorporated into their recreational vehicles.

Plaintiff first contacted Defendant about the alleged infringement in March 2018 and underwent unsuccessful cease-and-desist negotiations until May 2019. Defendant has continued using the trademark despite Plaintiff’s numerous warnings, leading to this lawsuit.

Stay tuned for updates.

Trane International, Inc. v. Grand Design RV, LLC

Court Case Number: 3:19-cv-00598-DRL-MGG
File Date: Wednesday, August 7, 2019
Plaintiff: Trane International, Inc.
Plaintiff Counsel: John D. LaDue of SouthBank LegalL LaDue | Curran | Kuehn
Defendant: Grand Design RV, LLC
Cause
: Federal Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

View this document on Scribd

Unauthorized Use of John Lennon Photograph leads to Copyright Infringement Lawsuit

22 Monday Jul 2019

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

≈ Leave a comment

Tags

Copyright Infringement, Michael G. Gotsch, Philip P. Simon, Photography

The Defendant in this copyright infringement lawsuit is alleged to have used Plaintiff’s photograph of John Lennon and Yoko Ono without authorization.

The Plaintiff is a New York-based photographer and the Defendant is a Delaware LLC located in Elkhart, Indiana. The registered Lennon/Ono photograph was apparently included on Defendant’s website, maps.roadtrippers.com, as part of a “Rock and Roll Deaths Tour.”

Most photograph copyright lawsuits, particularly those involving just one photograph, are able to settle early. We’ll continue to monitor this lawsuit so stay tuned for updates.

Tannenbaum v. The2Connect, LLC

Court Case Number: 3:19-cv-00555-PPS-MGG
File Date: Friday, July 19, 2019
Plaintiff: Allan Tannenbaum
Plaintiff Counsel: Richard Liebowitz
Defendant: The2Connect, LLC
Cause
: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

First Amended Complaint:

View this document on Scribd

 

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

≈ Leave a comment

Tags

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: 

View this document on Scribd

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

≈ Leave a comment

Tags

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:

View this document on Scribd

Garden Flag Manufacturer sues Former Reseller for Trademark Infringement, Cybersquatting

04 Thursday May 2017

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

≈ Leave a comment

Tags

Common Law Unfair Competition, Common Law Unjust Enrichment, False Advertising, False Designation of Origin, Federal Cybersquatting, Federal Trademark Infringement, Injury to Business Reputation, Michael G. Gotsch, Philip P. Simon, Trademark Dilution, Unfair Competition

This lawsuit involves a garden flag manufacturer and a former reseller that continued selling product without authorization, as well as registering various infringing domain names. The Defendants’ bad faith use of the domain names has already been deterring by a WIPO proceeding.

Toland Home Garden v. PH Technologies et al.

Court Case Number: 3:17-cv-00336-PPS-MGG
File Date: Tuesday, May 2, 2017
Plaintiff: Toland International Ltd. and Marketing Resource Group, Inc. d/b/a Toland Home Garden
Plaintiff Counsel: Todd Gale, Jennifer Fraser of Dykema Gossett PLLC
Defendant: PH Technologies, LLC, Philip S. Horvath
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Federal Cybersquatting, Trademark Dilution, Injury to Business Reputation, Common Law Unfair Competition, Common Law Unjust Enrichment
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

Complaint: 

View this document on Scribd

 

Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (327)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (603)
  • Indianapolis (51)
  • Intellectual Property (662)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (595)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (215)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (369)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (363)
  • 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.

  • Subscribe Subscribed
    • Indiana Intellectual Property Blog
    • Join 81 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...