Tag Archives: State Unfair Competition

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

Indiana Trademark Litigation Update – Property Damage Appraisers v. John Mosley et al

17 Wednesday Sep 2014

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

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Property Damage Appraisers Inc. v. John Mosley et al

Court Case Number: 1:14-cv-01490-RLY-MJD
File Date: Friday, September 12, 2014
Plaintiff: Property Damage Appraisers Inc.
Plaintiff Counsel: Derek R. Molter of Ice Miller LLP
Defendant: John Mosley, Clinton Body Shop Inc.
Cause: Federal Unfair Competition, State Unfair Competition, Defamation, Tortious Interference with Business Relationships
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana Trademark Litigation Update – Chanel v. Chanel’s Salon

05 Friday Sep 2014

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

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From the Complaint: “Chanel recognizes the fact that “Chanel” is the first name of Defendant Chanel Jones. But this suit is not about Ms. Jones’ ability to use her name to identify herself. Ms. Jones is using CHANEL as a trade name for a beauty business and commercially exploiting the name CHANEL. There is no absolute right to exploit one’s given name commercially if such use is inconsistent with Chanel’s rights. In this case, Ms. Jones is not using her entire name but is instead only using that part of her name that copies Chanel’s famous CHANEL trademark. Ms. Jones’ use began long after the CHANEL mark was registered and became famous, and Ms. Jones’ use is in connection with services related to those offered by Chanel.”

Chanel, Inc. v. Chanel’s Salon LLC et al

Court Case Number: 2:14-cv-00304
File Date: Friday, August 29, 2014
Plaintiff: Chanel, Inc.
Plaintiff Counsel: Gregory A Neibarger
Defendant: Chanel’s Salon LLC, Chanel Jones
Cause: Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, State Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Paul R. Cherry

Complaint:

Indiana Trademark Litigation Update – Best Chairs Incorporated v. Factory Direct Wholesale

09 Friday May 2014

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

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Plaintiff, based in Ferdinand, Indiana, sells chairs and other furniture under the BEST CHAIRS trademark. Defendant is allegedly selling competing furniture products under the BESTCHAIR and BEST CHAIR marks. Despite multiple contacts from Plaintiff, Defendant has refused to refrain from selling under the allegedly infringing mark.

Best Chairs Incorporated v. Factory Direct Wholesale, LLC

Court Case Number: 3:14-cv-00067-RLY-WGH
File Date: Wednesday, May 07, 2014
Plaintiff: Best Chairs Incorporated
Plaintiff Counsel: Amy B. Berge of Bingham Greenebaum Doll LLP
Defendant: Factory Direct Wholesale, LLC
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Unfair Competition, False Advertising, False Designation of Origin, State Unfair Competition, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Eli Lilly files 2 lawsuits over pet brands ELANCO, COMFORTIS, TRIFEXIS and PANORAMIS

17 Sunday Nov 2013

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

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Eli Lilly has filed two related cases involving its many lines of pet medicines, including ELANCO veterinary preparations, COMFORTIS flea-control preparations and TRIFEXIS and PANORAMIS pet medicines. The Defendants allegedly advertise and sell Australian and European version of the pet medicines branded with Eli Lilly’s trademarks through their respective websites.

Eli Lilly and Company v. Graham Nelson et al

Court Case Number: 1:13-cv-01800-JMS-DML
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Graham Nelson, Zoja Pty. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Eli Lilly and Company v. Sebastian Wiradharma et al

Court Case Number: 1:13-cv-01802-RLY-TAB
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Sebastian Wiradharma, Singpet Pte. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker