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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Tanya Walton Pratt

adidas sued for violating Jackie Robinson’s right of publicity

13 Thursday Jul 2017

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

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adidas, Common Law Unfair Competition, Debra McVicker Lynch, Deception, False Endorsement, Tanya Walton Pratt, Unfair Competition, Unjust Enrichment, Violation of Right of Publicity

This lawsuit involves adidas’ alleged infringement of the right of publicity of deceased baseball player Jackie Robinson.

The plaintiff, CMG Worldwide Inc., headquartered in Indianapolis, Indiana, is the exclusive worldwide agent and representative for the estate of Jackie Robinson.

adidas allegedly, without authorization from Plaintiff, created and promoted merchandise based on the 70th anniversary of Jackie Robinson’s first appearance as a Brooklyn Dodger. The products were promoted heavily by adidas and sponsored athletes on April 15, 2017…”Jackie Robinson Day.”

Plaintiff asks for an injunction against further sales, recovery for damages suffered, disgorgment of all of adidas’ profits and attorneys’ fees and costs, so there’s a lot on the line for adidas. Stay tuned for updates.

CMG Worldwide, Inc. v. adidas AG et al.

Court Case Number: 1:17-cv-02356-TWP-DWL
File Date: Tuesday, July 11, 2017
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: adidas AG, adidas America, Inc.,  Does 1-10
Cause: False Endorsement, Unfair Competition, Violation of Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Deception
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

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Klipsch sues Online Store for Unauthorized Sale of Speakers, Fake Serial Numbers

07 Saturday Jan 2017

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

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Federal Trademark Infringement, Federal Unfair Competition, Matthew P. Brookman, Tanya Walton Pratt

Klipsch, an Indiana-based manufacturer of high-end audio speakers, is suing Concealedaudio.com, an online speaker store, for unauthorized sales of Klipsch speakers.

In addition to selling “new” Klipsch speakers at discounted prices, the Defendant is also accused of removing and replacing serial numbers, thus voiding any Klipsch warranty for the unwary end customer. Allowing an unauthorized distributor to continue with discounted sales undermines authorized distributors who must contractually maintain higher prices. Pressure from both authorized distributors and customers left without a warranty essentially forces legal action from Klipsch in this situation.

The Defendant’s Klipsch speaker sales appear to continue unabated. Stay tuned for updates.

screen-shot-2017-01-07-at-11-59-40-am

Klipsch Group, Inc. v. Concealedaudio.com

Court Case Number: 1:17-cv-00034-TWP-MPB
File Date: Thursday, January 5, 2017
Plaintiff: Klipsch Group, Inc.
Plaintiff Counsel: Dean E. McConnell of Indiano & McConnell LLC
Defendant: Concealedaudio.com
Cause: Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Matthew P. Brookman

Complaint: 

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GNARLY HEAD wine vs. GNARLY GROVE hard cider…are you confused?

02 Wednesday Nov 2016

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

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Common Law Unfair Competition, Denise K. LaRue, False Designation of Origin, Tanya Walton Pratt, Trade Dress Infringement, Trademark Infringement

Plaintiff Gnarly Head, a California winery, asserts that Columbus, Indiana’s Simmons Winery has adopted a confusingly similar trademark and trade dress with their new line of Gnarly Grove hard cider.

I’ll leave the question of confusion for you. What I’d really like to know is who is mixing wine and hard cider??? Tasty?

screen-shot-2016-11-02-at-10-31-06-am

screen-shot-2016-11-02-at-10-22-45-am

Delicato Vineyards v. Gnarly Grove Cider Co.

Court Case Number: 1:16-cv-02932-TWP-DKL
File Date: Friday, October 28, 2016
Plaintiff: Delicato Vineyards
Plaintiff Counsel: Jonathan G. Polak, Cristina A. Costa of Taft, Stettinius & Hollister, LLP
Defendant: Gnarly Grove Cider Co.
Cause: Trademark Infringement, Trade Dress Infringement, False Designation of Origin, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Denise K. LaRue

Complaint:

View this document on Scribd

Richard Bell Sues IU, Purdue, A Place for Mom

21 Wednesday Sep 2016

Posted by Kenan Farrell in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Copyright Infringement, Debra McVicker Lynch, Denise K. LaRue, Jane Magnus-Stinson, Photography, Richard Bell, Tanya Walton Pratt, Unfair Competition

Richard Bell strikes again…and again…and again. Mr. Bell has filed eight more copyright lawsuits over his Indianapolis skyline photo. Several individuals, a senior living facility, Indiana University and Purdue University all join the illustrious list of Bell defendants.

People, stop using Mr. Bell’s photographs!

Screen Shot 2016-05-27 at 6.52.34 AM

Court Case Number: 1:2016-cv-02434-TWP-DKL
File Date:  Tuesday, September 13, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Buckley
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge:
Tanya Walton Pratt
Referred To: Denise K. LaRue

Court Case Number: 1:2016-cv-02436-JMS-DML
File Date: Tuesday, September 13, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Tipton
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Jane Magnus-Stinson
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-02451-SEB-DML
File Date: Wednesday, September 14, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: A Place for Mom, Inc.
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge:
Sarah Evans Barker
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-02463-TWP-DML
File Date: Thursday, September 15, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Indiana University
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-02482-SEB-DKL
File Date: Friday, September 16, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: East Coast Health Insurance, Inc.
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Sarah Evans Barker
Referred To: Denise K. LaRue

Court Case Number: 1:2016-cv-02488-RLY-DML
File Date: Friday, September 16, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Purdue University
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge:
Richard L. Young
Referred To: Debra McVicker Lynch

Court Case Number: 1:206-cv-02491
File Date: Sunday, September 18, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Powell et al
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge:
Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-2501
File Date: Tuesday, September 20, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Hornberger Imports, Inc.
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge:
Sarah Evans Barker
Referred To: Debra McVicker Lynch

Great Divide Brewing sues Red Yeti Brewing over Yeti trademarks

06 Monday Jun 2016

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, Deceptive Trade Practices, False Designation of Origin, Federal Dilution, Tanya Walton Pratt, Trademark Infringement, Unfair Competition

Denver-based Great Divide Brewing Company has been using the registered trademark YETI in connection with “Beer and Ale” since 2005. Specifically, Great Divide has a range of imperial stouts utilizing the Yeti word mark and a design mark of the outline of a yeti, the pose closely emulating the gait from the famous Bigfoot video. Great Divide’s yeti is usually white on packaging and marketing materials, but sometimes red.

Screen Shot 2016-06-06 at 6.22.07 AM

Jeffersonville, Indiana-based The Red Yeti, a restaurant/brewpub serving a limited selection of its own beer (currently a porter and hefeweizen), recently celebrated its second anniversary. Their logo is, not surprisingly, a red yeti in the typical walking pose.

Screen Shot 2016-06-06 at 6.17.42 AM

When Red Yeti failed to satisfactorily meet Great Divide’s cessation demands, this lawsuit was filed. Stay tuned for updates.

Great Divide Brewing Company v. Red Yeti Brewing Company, Inc.

Court Case Number: 4:16-cv-00084-TWP-DML
File Date: Friday, June 3, 2016
Plaintiff:
Great Divide Brewing Company
Plaintiff Counsel:
Michael W. McClain, Robert W. DeWees, III of McClain DeWees, PLLC
Defendant: Red Yeti Brewing Company, Inc.
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Federal Dilution, Common Law Unfair Competition, Common Law Trademark Infringement, Deceptive Trade Practices
Court: 
Southern District of Indiana
Judge:
Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

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