Tag Archives: State Unfair Competition

BioSweep vs. BioClean…are you confused?

01 Tuesday May 2018

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

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The Defendants in this lawsuit are accused of violating the non-compete provisions of a terminated Franchise Agreement, as well as operating the competing business with a confusingly similar trademark, BioClean vs. the Plaintiff’s registered BioSweep trademark.

The Defendants allegedly also still claim to use Plaintiff’s “BioSweep System” equipment on their website, creating a false impression of a relationship with Plaintiff, and reference their competing company as “BioSweep of the Gulf Coast” in at least one instance.

Stay tuned for updates.

Phocatox Technologies, LLC v. Wiersig et al.

Court Case Number: 1:18-cv-01298-WTL-DML
File Date: Friday, April 27, 2018
Plaintiff: Phocatox Technologies, LLC
Plaintiff Counsel: Bryan S. Redding, Britton A. Jared of Redding Law, LLC
Defendants: Jerry D. Wiersig, Todd M. Hoffman, BioClean Remediation, LLC (AL), and BioClean Remediation, LLC (OK)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Contributory Trademark Infringement, Breach of Franchise Agreement, Conspiracy, Federal Unfair Competition, State Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Complaint:

Terre Haute Endocrinology Center sues competing medical center for not having an Endocrinologist in its “Endocrinology Department”

24 Thursday Aug 2017

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

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The Plaintiffs in this lawsuit are an endocrinologist and his medical center in Terre Haute, Indiana, providing endocrinology care and services.

The Defendant is a competing medical center in Terre Haute. Allegedly, the Defendant lost its last board-certified endocrinology physician in 2014 but continues to advertise that it has an “Endocrinology Department.”

Per the Complaint (below):

“due to the use of ‘endocrinology’ in its advertising and representations to the public, patients and potential patients are led to believe that there is a physician practicing at Defendant’s facility that is board-certified in the specialty of endocrinology.”

To Plaintiff, which is a competing medical center in the area that does employ a board-certified endocrinologist, this constitutes false advertising and unfair competition.

The case was originally filed in Vigo Superior Court but removed to the Southern District of Indiana.

Pittman et al. v. Union Medical Group LLC

Court Case Number:2:17-cv-00393-JMS-MPB
File Date: Tuesday, August 15, 2017
Plaintiff: Isaiah Pittman IV, MD, HPW Center For Diabetes, LLC
Plaintiff Counsel: Paul J. Jungers of Wagner, Crawford, Gambill and Jungers
Defendant: Union Medical Group LLC
Cause: False Advertising, Indiana Unfair Competition
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Matthew P. Brookman

Complaint: 

Past President sues Military History Museum for Trademark Infringement

07 Wednesday Dec 2016

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

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Plaintiff is the owner of a federal trademark registration for FREEDOM HERITAGE MUSEUM, registered on April 19, 2016. He first used the mark in 2012 in connection with a military history museum of which he was the founding president and a board member.

Plaintiff left the museum in October 2016 and notified the museum that it could no longer use the trademark. He has begun promoting a new Evansville museum with the same name.

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This case serves as a good reminder for small businesses and non-profits to own their own trademarks, rather than registering them in the name of an owner or board member.

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Litov v. Freedom Heritage Museum

Court Case Number: 3:16-cv-00241-RLY-MPB
File Date: Tuesday, December 6, 2016
Plaintiff: Richard Litov
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Freedom Heritage Museum, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation, State Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

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:

Indiana Trademark Litigation Update – HRHH Hotel/Casino v. Bella Vita

21 Thursday May 2015

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

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The Hardrock Hotel and Casino has been hosting a popular daytime party, The Rehab Pool Party, since 2004. Plaintiffs own multiple trademarks referring to daytime parties, and the Rehab name and logo. For the past few years, Bella Vita Lakeside restaurant and bar in Indianapolis has hosted weekly pool parties called “Rehab+ Sundays.” Plaintiffs allege that Defendant’s party logo is confusingly similar to Plaintiffs’ owned trademarks. In fact, a local blog claimed “Bella Vita borrowed the “Rehab” theme from the Hard Rock Hotel and Casino.” Plaintiffs allege that Defendants have refused to cease their infringing use and intend to continue to organize and host the “Rehab+ Sundays” pool parties in the Summer of 2015.

HRHH Hotel/Casino LLC et al v. Bella Vita LLC et al

Court Case Number: 1:15-cv-00791-WTL-MJD
File Date: Wednesday, May 20, 2015
Plaintiff: HRHH Hotel/Casino LLC, HRHH IP, LLC
Plaintiff Counsel: Gregory F. Hahn, Craig E. Pinkus of Bose McKinney & Evans LLP
Defendant: Bella Vita LLC, Henri B. Najem
Cause: False Designation of Origin and Unfair Competition, Trademark Infringement, Dilution, Unfair Competition
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore