Tag Archives: Richard L. Young

Jewelry Designer sues for copyright infringement of Hearty Love Pendant Design

23 Wednesday May 2018

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

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This copyright infringement action involves a copyrighted jewelry design, specifically Plaintiff’s “Hearty Love” Design and the associated “Heartlines Love Pendant.”

The parties have several years of history working together, as detailed in the Complaint (below). While Plaintiff was working with Defendant Droste, a jeweler, to create her Heartlines Love Pendant, Droste allegedly took her design and had it made by Defendant Shah, a jewelry manufacturer. The Defendants’ allegedly infringing design is now widely sold.

Corlinea, LLC v. Drostes Jewelry Shoppe et al.

Court Case Number: 3:18-cv-00099-RLY-MPB
File Date: Tuesday, May 22, 2018
Plaintiff: Corlinea, LLC
Plaintiff Counsel: C. Richard Martin of Martin IP Law Group, PC
Defendant: Drostes Jewelry Shoppe Inc., Shah Diamonds, Inc. d/b/a Shah Luxury
Cause: Federal Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Shoe retailer Shoe Carnival sues two counterfeit websites

24 Friday Nov 2017

Posted by in Litigation, Southern District of Indiana, Trademark

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Shoe retailer Shoe Carnival brings this lawsuit against the owners of two domains, daretodreamwebdesign.com and afordrunning.com, which appear to be counterfeit Shoe Carnival websites.

I used to love shopping at Shoe Carnival. I remember the frequent sale announcements over the intercom and the booth for catching blowing cash.

SCLC, Inc. v. Kettering et al

Court Case Number: 3:17-cv-00193-RLY-MPB
File Date: November 22, 2017
Plaintiff: SCLC, Inc.
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Marie Kettering, Lanny Tyndall
Cause: Trade Dress Infringement, Unfair Competition, Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: 

Update 11/30/2017: 

Shoe Carnival has requested a Temporary Restraining Order for the purpose of ordering search engines to remove the offending websites.

Two Indiana firework companies in dispute over BLACK WIDOW trademark

16 Friday Jun 2017

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

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This lawsuit involves a dispute over the use of the BLACK WIDOW trademark in connection with fireworks. The Plaintiff, based in Evansville, Indiana, owns a federal registration and has used their BLACK WIDOW trademark since as early as March 12, 2013.

The Defendants, from Washburn, Indiana, have allegedly begun selling similar products also under a BLACK WIDOW trademark.

Cease-and-desist communications from Plaintiff to Defendant were not successful, hence this lawsuit. Stay tuned for updates.

The Really Good Stuff, Inc. v. Sky Thunder, LLC et al.

Court Case Number: 3:2017-cv-00096-RLY-MPB
File Date: Tuesday, June 13, 2017
Plaintiff: The Really Good Stuff, Inc.
Plaintiff Counsel: Rowdy G. Williams of Rowdy G. Williams Law Firm, PC
Defendant: Sky Thunder, LLC, Michael A. Kimberling
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

National Veterans Memorial sues to prevent use of National Veterans Memorial & Museum trademark

16 Thursday Feb 2017

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

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The Plaintiff in this trademark lawsuit operates a small museum called the National Veterans Memorial in Elberfeld, Indiana. Since 2008, Plaintiff has owned a federal registration for the NATIONAL VETERANS MEMORIAL mark in connection with “Promoting public awareness of the need for reconciliation and recognition of all veterans.”

Plaintiff is seeking to prevent the use of the name National Veterans Memorial & Museum by a new museum opening in Columbus, Ohio. The Ohio museum began construction in 2015 and is set to open in 2018. The Defendant filed a federal “intent to use” application in October 2016, which has received an initial refusal by the Examining Attorney based on Plaintiff’s registration.

Stay tuned for updates.

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Henager Family Museum, Inc v. Columbus Downtown Development Corp.

Court Case Number: 3:17-cv-00028-RLY-MPB
File Date: Wednesday, February 15, 2017
Plaintiff: Henager Family Museum, Inc d/b/a National Veterans Museum
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Columbus Downtown Development Corp.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Trademark Lawsuit filed in Indiana against Titleist, Cleveland Golf Club Counterfeiter

26 Monday Dec 2016

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

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Defendant, a resident of Carmel, Indiana, is accused of selling counterfeit golf clubs and golf accessories. In addition to trademark claims, the Complaint includes a wide range of Indiana code violations.

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Acushnet Company et al. v. Nunns et al.

Court Case Number:1:16-cv-3379-RLY-TAB
File Date: Thursday, December 15, 2016
Plaintiff: Acushnet Company, Roger Cleveland Golf Company, Inc., Dunlop Sports Co. LTD
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister LLP
Defendant: Giorgio V. Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, Custom Golf Solutions, LLC d/b/a bogie’s nearly new golf d/b/a gnunns81 d/b/a golf customsolutions15
Cause: Trademark Counterfeiting, Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Conversion, Forgery, Counterfeiting, Theft, Criminal Mischief
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint: