Tags
Debra McVicker Lynch, declaratory Judgment of Non-Infringement, Litigation Update, Sarah Evans Barker, Trademark Infringement
White Lodging Services Corporation v. Jil Mazer-Marino et al
Court Case Number: 1:11-cv-00208-SEB-DML
File Date: Thursday, February 10, 2011
Plaintiff: White Lodging Services Corporation 
Plaintiff Counsel: Paul B. Overhauser of Overhauser & Lindman LLC
Defendant: Jil Mazer-Marino, Leroy Adventures, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch
Noble Roman’s has filed yet another trademark lawsuit (the 18th since 2007) to enforce the terms of an expired franchise agreement. The Indiana-based pizza chain alleges that the South Carolina-based gas station chain formerly operated seven Noble Roman’s franchise locations and continued to use Noble Roman’s trade dress after the franchise agreements terminated.
The complaint alleges that Harlan Global is putting old Allison transmissions into new tractors and selling the tractors around the world as having new components. Harlan’s advertisements allegedly do not inform the purchasing public that the tractors manufactured and sold by Harlan include previously used components obtained from a source other than the original manufacturer (Allison) or an authorized remanufacturer. Allison has received complaints from consumers.
Indiana Intellectual Property Blog 