Tag Archives: Robert L. Miller

Jayco sues unauthorized dealer of ENTEGRA COACH motorhomes

19 Monday Jun 2017

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

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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:

Sign Company sues Former Employee for Trademark Infringement and Unfair Competition

18 Monday Apr 2016

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

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Defendant, a former employee of Plaintiff, is alleged to use have used Plaintiff’s company resources to benefit his own competing business. The Complaint (below) describes in detail (truly…the Complaint goes up to Exhibit JJJ) how Defendant apparently falsely claimed credit for Plaintiff’s past achievements and client relationships.

Stay tuned for updates.

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Landmark Signs Inc v. I C U Outdoor Advertising LLC et al

Court Case Number: 2:16-cv-00128-RLM-JEM
File Date: Friday, April 15, 2016
Plaintiff: Landmark Signs Inc.
Plaintiff Counsel: Cori A. Mathis of Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLC
Defendant: I C U Advertising LLC, Lawrence M. Yurko
Cause: Federal Unfair Competition, Breach of Fiduciary Duty, State Unfair Competition, Tortious Interference with a Business Relationship, Tortious Interference with a Prospective Economic Advantage, Illinois Deceptive Trade Practices, Federal Trademark Infringement, State Trademark Infringement, Illinois Trademark Infringement
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: John E. Martin

Complaint:

Hoverboard Maker Swagway Sued by UL for Trademark Counterfeiting

19 Friday Feb 2016

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

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If you live anywhere near an electrical outlet (meaning all of you except those few remaining readers of the Indiana IP Zine), you’ve likely seen the Plaintiff’s trademark.

Plaintiff’s UL Certification Marks appear on “billions of household, consumer, commercial, and industrial products including refrigeration equipment, lighting products, cable, wiring, building materials, life safety vests, electric signs, batteries and power packs for computers and consumer electronics, traffic signals, sprinklers, and cash registers.”

The “UL” mark certifies that the product has been tested, inspected and satisfies applicable safety standards. Turn over whatever electrical device is closest and the “UL” probably is on there somewhere. (If not, back away slowly…) 

Defendant makes and sells the explosively popular Swagway hoverboard. Despite having never been tested nor inspected by UL, the Swagway product “allegedly used a mark that is identical to or substantially indistinguishable from the UL Certification Marks to falsely suggest that their Swagway hoverboard products have been tested, inspected, and certified by Plaintiff.”

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Further claims by Defendant’s CEO that the product was UL-certified along with significant safety concerns about the product, detailed in the Complaint below, led to this lawsuit.

UL LLC v. Swagway, LLC et al

Court Case Number: 3:16-cv-00075-RLM-CAN
File Date: Wednesday, February 17, 2016
Plaintiff: UL LLC
Plaintiff Counsel: Thomas F. Waggoner of Straub, Seamen & Allen, P.C.
Defendant: Swagway, LLC, Jianqing “Johnny” Zhu
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, False Advertising, Violation of the Illinois Deceptive Trade Practices Act, Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Christopher A. Nuechterlein

Complaint:

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

08 Friday Jan 2016

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

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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:

Indiana Trade Dress Litigation Update – Forest River v. Winnebago Industries

19 Saturday Dec 2015

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

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This lawsuit involves the popular RPOD travel trailer, sold by Plaintiff since 2009, and an allegedly infringing DROP trailer, sold by Defendant since September 2015.

It will be interesting to see what trade dress rights can be protected for a small travel trailer. Importantly, trade dress cannot be functional. Specifically, the Complaint references “the exterior shape, the total visual image, the interior layout, interior fabric patterns and colors, and model numbers.”

RPOD Complaint Comparison

Forest River Inc v. Winnebago Industries Inc et al

Court Case Number: 3:15-cv-00609-RLM-CAN
File Date: Friday, December 18, 2015
Plaintiff: Forest River, Inc.
Plaintiff Counsel: Jonathan P. Froemel, Georgina D. Jenkins of Barnes & Thornburg LLP
Defendant: Winnebago Industries, Inc., Winnebago of Indiana, LLC
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Trademark Infringement, Common Law Trade Dress Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein

Complaint:

Indiana Trademark Litigation Update – Indigo Vapor Enterprises v. Indigo Vapor Company

07 Wednesday Oct 2015

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

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Plaintiff, based in South Bend, Indiana,  is an international seller of vaping and e-cigarette materials, including e-juice and holds two U.S. registrations (word mark and stylized) for INDIGO VAPOR. Plaintiff has been using its trademarks since September 2012.

Defendant, an Arizona company, is also selling e-cigarette and vaping products under the mark INDIGO VAPOR from the domain indigovaporcompany.com. It is not clear from the Complaint when Defendant first began using its trademark, although Defendant appears to be the junior user. Reddit communications detailed in the Complaint indicate that Defendant was aware of Plaintiff’s use of the INDIGO VAPOR trademark when selecting its business name.

Indigo Vapor Enterprises LLC v. Indigo Vapor Company LLC et al

Court Case Number: 3:15-cv-00451-RLM-CAN
File Date: Thursday, October 1, 2015
Plaintiff: Indigo Vapor Enterprises LLC
Plaintiff Counsel: John A. Drake of LaDue Curran & Kuehn LLC
Defendant: Indigo Vapor Company LLC, Robert Lee Martin, Charles Nandier
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Federal Trademark Dilution, Federal Cybersquatting, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Edible Arrangements v. Edible Creations

13 Monday Oct 2014

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

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This trademark lawsuit involves fresh fruit arrangements cut to look like flowers. Plaintiff operates under the EDIBLE ARRANGEMENTS mark while Defendants offer similar goods under the EDIBLE CREATIONS mark. Plaintiff has also opposed Defendants’ federal trademark application, which was refused when Defendant failed to respond to the opposition.

Edible Arrangements, LLC et al v. Thomas Drummond et al

Court Case Number: 1:14-cv-00315
File Date: Thursday, October 09, 2014
Plaintiff: Edible Arrangements, LLC, Edible Arrangements International, LLC
Plaintiff Counsel: Thomas A. Herr of Barrett & McNagny LLP
Defendant: Thomas Drummond, Edible Creations, LLC
Cause: Trademark Infringement, False Designation of Origin, Dilution, Copyright Infringement, Unfair Competition
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

Indiana Copyright Litigation Update – Countryman Nevada v. Does 1-16

27 Monday Jan 2014

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

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They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.

Countryman Nevada LLC v. Does 1-16

Court Case Number: 1:14-cv-00019-RLM-RBC
File Date: Friday, January 24, 2014
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: Does 1-16
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – TCYK LLC v. Does 1-19

14 Saturday Sep 2013

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

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This is the first download case in Indiana in a few months.  It involves the movie The Company You Keep, starring Robert Redford, Susan Sarandon, Shia LaBeouf and Nick Nolte. There’s a different plaintiff and attorney than the Malibu Media cases.

TCYK LLC v. Does 1-19

Court Case Number: 2:13-cv-00320-RLM-PRC
File Date: Wednesday, September 11, 2013
Plaintiff: TCYK LLC
Plaintiff Counsel: Keith A. Vogt of Takiguchi & Vogt
Defendant: Does 1-19
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Paul R. Cherry

More Indiana Download Cases

Indiana Copyright Litigation Update – Malibu Media LLC v. John Doe 9

23 Thursday May 2013

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

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Malibu Media LLC v. John Doe 9

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00165-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 9
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Roger B Cosbey