• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Richard L. Young

Breach of contract leads to lawsuit over psychotherapy techniques, trademarks

30 Tuesday Jul 2019

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

≈ Leave a comment

Tags

Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, False Advertising, Federal Trademark Infringement, Mark J. Dinsmore, Richard L. Young, Unfair Competition, Unjust Enrichment, Wrongful Interference with a Contractual Relationship, Wrongful Interference with Business Relationships and Prospective Business Advantages

The Plaintiff in this lawsuit, Functional Family Therapy Associates, Inc. is a Seattle, Washington-based organization dedicated to training psychotherapists. Plaintiff utilizes a “Functional Family Therapy” protocol to help troubled youth and their families overcome a variety of behavioral problems. Plaintiff provides services in 33 U.S. states and 10 foreign countries.

The Defendants allegedly operate an entity in Bloomington, Indiana called Functional Family Therapy Associates, in violation of Plaintiff’s registered trademarks. One of the Defendants, Sexton, was previously a member of Plaintiff’s organization. More detailed facts are set forth in the (redacted) complaint below.

This lawsuit arises from a breach of contract and the Defendants’ false advertising, unfair competition, and service mark infringement resulting from Defendants’ unauthorized use of Plaintiff’s registered and common law intellectual property rights in Plaintiff’s unique and original family therapeutic services protocol and Plaintiff’s development, testing, training, and marketing thereof.

An unredacted Complaint was filed under seal pursuant to a confidentiality obligation in an agreement between the parties.

F.F.T., LLC v. Sexton, Ph.D et al

Court Case Number: 1:19-cv-03027-RLY-MJD
File Date: Friday, July 19, 2019
Plaintiff: F.F.T., LLC
Plaintiff Counsel: Holiday W. Banta, T. Earl LeVere, Megan Hedrick of Ice Miller LLP
Defendant: Thomas Sexton, Ph.D., Functional Family Therapy Associates, Inc., Astrid Van Dam
Cause
: Breach of Contract, Wrongful Interference with Business Relationships and Prospective Business Advantages, Wrongful Interference with a Contractual Relationship, Unfair Competition, False Advertising, Federal Trademark Infringement, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Redacted Complaint:

View this document on Scribd

Dispute over TERMINATOR fireworks name leads to trademark lawsuit

08 Monday Jul 2019

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Trademark

≈ Leave a comment

Tags

Common Law Unfair Competition, False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Matthew P. Brookman, Richard L. Young

This lawsuit involves a lengthy dispute, dating back almost two decades, over the ability to use the TERMINATOR trademark in connection with fireworks.

The Defendants apparently are using the TERMINATOR trademark pursuant to a license (which Plaintiff claims is invalid) so I’ll wait to see their Answer for more detailed information before I comment fully.

Stay tuned for updates.

North Central Industries, Inc. v. Winco Fireworks, Inc. et al.

Court Case Number: 1:19-cv-02720-RLY-MPB
File Date: Tuesday, July 2, 2019
Plaintiff: North Central Industries, Inc.
Plaintiff Counsel: John H. Brooke of Brooke | Stevens, P.C.
Defendant: Winco Fireworks, Inc., Winco Fireworks International, LLC, Creative Licensing Center Corp. 
Cause
: Federal Trademark Infringement, Federal Trademark Dilution, False Designation of Origin, Federal Unfair Competition, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

View this document on Scribd

Jewelry Designer sues for copyright infringement of Hearty Love Pendant Design

23 Wednesday May 2018

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

≈ Leave a comment

Tags

Contributory Copyright Infringement, Federal Copyright Infringement, Matthew P. Brookman, Richard L. Young, Vicarious Copyright Infringement

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:

View this document on Scribd

Shoe retailer Shoe Carnival sues two counterfeit websites

24 Friday Nov 2017

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Matthew P. Brookman, Richard L. Young, Trade Dress Infringement, Trademark Infringement, Unfair Competition

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: 

View this document on Scribd

Update 11/30/2017: 

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

View this document on Scribd

Two Indiana firework companies in dispute over BLACK WIDOW trademark

16 Friday Jun 2017

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

≈ Leave a comment

Tags

Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Matthew P. Brookman, Richard L. Young

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:

View this document on Scribd
← Older posts
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...