Tag Archives: Philip P. Simon

Indiana Trademark Litigation Update – Lake Lite v. Tommy Dock Products

29 Friday Apr 2011

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

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Lake Lite Inc. v. Tommy Dock Products LLC

Plaintiff Lake Lite sells solar dock post lights and other boating-related products under the LAKE LITE trademark. Plaintiff also registered a copyright for technical drawings of their solar dock post. Defendant Tommy Dock is a previous reseller of Plaintiff’s product. Defendant has allegedly been reselling Lake Lite’s product without authorization under a different mark, “BETTER BY DESIGN.”

Court Case Number: 1:11-cv-00147-PPS -RBC
File Date: Friday, April 29, 2011
Plaintiff: Lake Lite Inc.
Plaintiff Counsel: Brian M. Simpson of Shambaugh Kast Beck & Williams LLP
Defendant: Tommy Dock Products LLC
Cause: Copyright Infringement, Trademark Infringement and Unfair Competition, Trade Dress Infringement, Trademark Infringement and Unfair Competition Under Common Law, Counterfeiting
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

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

19 Wednesday Jan 2011

Posted by in Intellectual Property

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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

Indiana Trademark Litigation Update – JB Custom Inc. v. Amadeo Rossi SA et al

26 Sunday Sep 2010

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

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JB Custom Inc. v. Amadeo Rossi SA et al

Plaintiff is a custom firearms manufacturer. Defendants allegedly sells firearms similar to those of Plaintiff in violation of trademark laws and in breach of an Exclusivity Agreement.

For more, see the Fort Wayne Journal Gazette.

Court Case Number: 1:10-cv-00326-PPS -RBC
File Date: Monday, September 20, 2010
Plaintiff: JB Custom Inc.
Plaintiff Counsel: Jeremy N. Gayed of Barrett & McNagny LLP
Defendants: Amadeo Rossi SA, Forjas Taurus SA, Taurus International Manufacturing Inc., Braztech International LC
Cause: Breach of Contract, Trademark Infringement, False Designation of Origin, Passing Off, False Advertising, Unfair Competition
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Arbor Home Building Corporation v. Miller Custom Homes LLC

15 Wednesday Sep 2010

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

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Arbor Home Building Corporation v. Miller Custom Homes LLC

Both parties are homebuilders. Defendant allegedly built a home substantially similar to Plaintiff’s architectural drawings, which are protectable under copyright law.

For a full copy of the Complaint, leave a comment.

Court Case Number: 1:10-cv-00316-PPS -RBC
File Date: Wednesday, September 08, 2010
Plaintiff: Arbor Home Building Corporation
Plaintiff Counsel: Angela G. Garcia, James B. Hike, Jeremy V. Senk of Carson Boxberger LLP
Defendant: Miller Custom Homes LLC
Cause: Copyright Infringement by Reproduction, Copyright Infringement by Preparation of Derivative Work
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Trademark Litigation Update – Group Force Capital LLC v. Virtuoso Distillers LLC

14 Tuesday Sep 2010

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

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Group Force Capital LLC v. Virtuoso Distillers LLC

It’s a trademark slugfest. Both parties think they’re entitled to a similar mark in connection with vodka. Plaintiff uses the trademark L’Chaim in connection with “Kosher alcoholic beverages.” During the opposition period of Plaintiff’s federal trademark application, Defendant filed it’s own federal application for the mark L’Chaim Vodka. Defendant’s application received a 2(d) refusal based on Plaintiff’s mark, which had by then been registered. Defendant filed a Petition of Cancellation, alleging priority of use, likehood of confusion, no bona fide intent and fraud on the USPTO.

Leave a comment if you’d like a full copy of the Complaint.

Court Case Number: 3:10-cv-00385-PPS -CAN
File Date: Wednesday, September 08, 2010
Plaintiff: Group Force Capital LLC
Plaintiff Counsel: John D. Hoover, Daniel K. Burke of Hoover Hull LLP
Defendant: Virtuoso Distillers LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition, Violation of Anti-Cybersquatting Consumer Protection Act
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein