• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Passing Off

The Great American Bagel files Trademark Lawsuit over Rearranged Signage

25 Friday Mar 2016

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

≈ Leave a comment

Tags

False Advertising, False Designation of Origin, Federal Trademark Infringement, Litigation Update, Matthew P. Bookman, Passing Off, Richard L. Young, Trade Name Infringement, Unfair Competition, Unjust Enrichment

I’ll let the two trademarks at issue here speak for themselves – THE GREAT AMERICAN BAGEL (stylized) vs. THE GREAT AMERICAN EAGLE (nearly identically stylized). Check out the comparison images from the Complaint:

Screen Shot 2016-03-25 at 7.30.10 AM

The remarkable similarity is, not surprisingly, no coincidence. Defendant obtained an old sign previously used by Plaintiff and apparently opted to save money by just rearranging a few letters and calling his gas station/convenience store “The Great American Eagle”.

As Defendants’ convenience store sells food products, Plaintiff has alleged consumer confusion and is seeking damages and injunctive relief.

Stay tuned for updates.

The Great American Bagel Enterprises, Inc. v. United HBA Corporation et al

Court Case Number:3:16-cv-00038-RLY-MPB
File Date: Thursday, March 24, 2016
Plaintiff: The Great American Bagel Enterprises Inc.
Plaintiff Counsel: Stacy K. Newton of Jackson Kelly PLLC
Defendant: United HBA Corporation and Harbhajan Singh, d/b/a The Great American Eagle
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Trade Name Infringement, Passing Off, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Bookman

Complaint:

View this document on Scribd

Indiana Trademark Litigation Update – Barrington Music Products v. Guitar Center Stores

08 Friday Jan 2016

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

≈ Leave a comment

Tags

Christopher A. Nuechterlein, False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Passing Off, Robert L. Miller, Trade Name Infringement under Indiana Common Law

This trademark dispute involves Plaintiff’s registered VENTO trademark and an allegedly infringing VENTUS mark, both used in connection with wind instruments.

Barrington Music Products Inc v. Guitar Center Stores, Inc. et al

Court Case Number: 1:15-cv-02031-TWP-TAB
File Date: Thursday, January 7, 2016
Plaintiff: Barrington Music Products
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Music & Arts Centers, Guitar Center Stores, Inc., Eastman Music Company
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Federal Trademark Dilution, Trade Name Infringement under Indiana Common Law, Passing Off
Court: Southern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

View this document on Scribd

Indiana Trademark Litigation Update – Windstream Technologies v. Rambo, LLC

06 Wednesday Nov 2013

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

≈ Leave a comment

Tags

Breach of Contract, Federal Unfair Competition, Interference with Contract and Prospective Economic Advantage, Litigation Update, Passing Off, Sarah Evans Barker, Trademark Infringement, William G. Hussmann

pgfu1

Here’s yet another tale of a dealer relationship gone bad. Plaintiff, a California company operating in North Vernon, Indiana, is a wind turbine manufacturer.  Defendant Rambo, LLC, located in Madison, Indiana, was contracted to provide component parts and act as an authorized dealer of Plaintiff’s products in certain territories.

See the Complaint below for the Plaintiff’s version of how things went wrong. Hopefully for the rest of us these parties can sort their differences soon and get back to providing more wind energy for Indiana.

Stay tuned for updates.

Windstream Technologies, Inc. v. Rambo, LLC et al

Court Case Number: 4:13-cv-00180-SEB-WGH
File Date: Tuesday, November 05, 2013
Plaintiff: Windstream Technologies, Inc.
Plaintiff Counsel: Matthew Wilder Lorch of Lorch Law Office, LLC
Defendant: Rambo, LLC, Rambo Montrow Corporation, Rick Keebler, Does 1 through 10
Cause: Federal Unfair Competition, Passing Off, Trademark Infringement, Breach of Contract, Interference with Contract and Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge William G. Hussmann, Jr.

View this document on Scribd

 

Indiana Trademark Litigation Update – 80/20 Inc v. John Doe

08 Sunday Sep 2013

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

≈ Leave a comment

Tags

Litigation Update, Passing Off, Roger B. Cosbey, Roger L. Miller, Trademark Infringement

Plaintiff, 80/20 Inc. of Columbia City, Indiana, is a leading manufacturer of T-slotted extrusion products (see image) and accessories. Defendant “TNutz” is allegedly representing through its eBay store that numerous products being offered for sale are 80/20 products when they are not. After TNutz failed to respond to several communication attempts, Plaintiff brought this lawsuit.

Stay tuned for updates.

80/20 Inc v. John Doe

Court Case Number: 1:13-cv-00262-RLM-RBC
File Date: Friday, September 06, 2013
Plaintiff: 80/20 Inc
Plaintiff Counsel: D Randall Brown of Barnes & Thornburg LLP
Defendant: John Doe
Cause: Trademark Infringement, Passing Off
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

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

≈ Leave a comment

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

View this document on Scribd
← Older posts

Categories

  • Artists (21)
  • Authors (19)
  • Bloggers (36)
  • Branding (27)
  • Business Law (8)
  • Copyright (289)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (537)
  • Indianapolis (45)
  • Intellectual Property (593)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (529)
  • Musicians (12)
  • Nonprofit (5)
  • Northern District of Indiana (178)
  • Patent (43)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (55)
  • Southern District of Indiana (320)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (24)
  • Trade Secret (15)
  • Trademark (317)
  • 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.

  • Follow Following
    • Indiana Intellectual Property Blog
    • Join 75 other followers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...