Tag Archives: Susan L. Collins

North American Van Lines sues North America Moving & Storage for trademark infringement, cybersquatting

28 Thursday Jun 2018

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

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The Plaintiff, North American Van Lines, has been providing transportation services since 1969. The Defendant, North America Moving & Storage, is accused of using a similar company name and domain names to infringe Plaintiff’s trademarks.

The Complaint (below) alleges instances of actual confusion.

Stay tuned for updates.

North American Van Lines, Inc. v. North America Moving & Storage, Inc.

Court Case Number: 1-18-cv-00196-TLS-SLC
File Date: Tuesday, June 26, 2018
Plaintiff: North American Van Lines, Inc.
Plaintiff Counsel: Mary A. Smigielski of Lewis Brisbois Bisgaard & Smith LLP
Defendant: North America Moving & Storage, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Anticybersquatting Consumer Protection Act, Indiana Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint:

Super 8 sues Past Franchisee for Violation of Franchise Agreement, Unauthorized Transfer of Hotel

27 Tuesday Dec 2016

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

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The Defendants in this lawsuit are alleged to have transferred possession of their “Super 8”-franchised hotel (located in Auburn, Indiana) in violation of the terms of their Franchise Agreement.

The new owner, also named as a defendant, has continued to use Plaintiff’s trademarks despite termination of the Franchise Agreement in July 2014.

As is customary for franchise violations, a lawsuit often must be filed to protect not only the Plaintiff and its trademarks, but also the rights of the rest of its valid franchisees. Allowing unauthorized franchises to exist without repercussions can undermine the rights of valid paying franchise holders.

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Super 8 Worldwide Inc. v. Auburn Lodging Associates LLP et al

Court Case Number: 1:16-cv-00435-PPS-SLC
File Date: Thursday, December 22, 2016
Plaintiff: Super 8 Worldwide Inc.
Plaintiff Counsel: Richard M. Blaiklock, Charles R. Whybrew of Lewis Wagner, LLP
Defendant: Auburn Lodging Associates, LLP, Kokila Patel, Dilip Patel, Chicago Capital Holdings, LLC
Cause: Trademark Infringement (Service Mark Infringement), False Designation of Origin, Counterfeiting, Indiana State Trademark Infringement, Indiana State Unfair Competition, Accounting, Liquidated Damages, Actual Damages, Recurring Fees, Unjust Enrichment, Guarantors’ Liability, Self-Help
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

ZIG-ZAG looks to smoke out counterfeiters in Indiana

18 Thursday Aug 2016

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

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This is an anti-counterfeiting action against an extensive list of defendants who allegedly manufacture, import and sell counterfeit versions of Plaintiff’s ZIG-ZAG cigarette papers in Indiana.

As expected, the counterfeit products are “inferior, cheaper versions sold without any known quality control or authorization.”

Stopping counterfeiters is a difficult task and, as seen here, must often be done on a state-by-state basis.

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North Atlantic Operating Company, Inc. et al v. KPC Distributor Inc. et al

Court Case Number: 1:16-cv-00307-PPS-SLC
File Date: Wednesday, August 17, 2016
Plaintiff: North Atlantic Operating Company, Inc.; National Tobacco Company, L.P.
Plaintiff Counsel: Gregory W. Pottorff, Adam Arceneaux of Ice Miller
Defendant: KPC Distributor Inc. et al.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Federal Copyright Infringement, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

Pro Se Plaintiff sues National Heritage Academies for infringement of educational program

30 Monday May 2016

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

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The Plaintiff (handling this case pro se) alleges that the Defendant has infringed the copyrighted work “TIRS” (Transitioning Into Responsible Students), an educational program she claimed to develop while working at Indianapolis Public Schools.

At a whopping 268 pages, the Complaint was too large to post (or read in its entirety). The Plaintiff had previously sued her past employer, Indianapolis Public Schools, under a similar claim, with no success.

Brooks-Ngwenya v. National Heritage Academies Inc

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Thursday, May 26, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: National Heritage Academies Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

[Updated 6/8/2016 with related case]

Brooks-Ngwenya v. Bart Peterson’s The Mind Trust

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Monday, June 6, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: Bart Peterson’s The Mind Trust
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Bedding companies in neighboring counties both claim BAMBOO LUXURY trademark

17 Tuesday May 2016

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

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Pillow fight! This trademark lawsuit involves the trademark BAMBOO LUXURY in connection with bedding and other household textiles.

bed sheets, bedspreads, bath mats, blankets, comforters, coverlets, curtains, duvets, duvet covers, furniture protectors, mattress pads, pillowcases, pillow shams, quilts, shams, sheets, sheet sets and throws

Plaintiff, located in Steuben County, Indiana, has used its registered trademark BAMBOO LUXURY since April 2015. An intent-to-use application had been filed with the USPTO in June 2014.

Defendant, located in neighboring LaGrange County, Indiana, uses the same trademark in connection with sheets. It is not clear when Defendant began using the trademark, although Plaintiff asserts that it is the senior user.

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Stay tuned for updates. This one could get dirty.

Duke Imports Inc. v. All That Jazz Trading LLC

Court Case Number: 1:16-cv-00160-TLS-SLC
File Date: Monday, May 16, 2016
Plaintiff: Duke Imports Inc.
Plaintiff Counsel: James A. McEntarfer
Defendant: All That Jazz Trading LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Theresa L. Springmann
Referred To: Susan L. Collins

Complaint: