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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Theft under Indiana Code §35-43-4-2

Noble Roman’s sues Ex-Franchisees for Trademark Infringement, Conversion, Theft

08 Monday Feb 2021

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

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Tags

Breach of Franchise Agreement, Conversion under Indiana Code § 35-43-4-3, James Patrick Hanlon, Theft under Indiana Code §35-43-4-2, Tim A. Baker, Trademark Infringement, Unjust Enrichment

The Defendants in this lawsuit are allegedly ex-franchisees of Noble’s Romans, selling gas station pizza from numerous “Luke” gas stations across Northern Indiana.

The Defendants are alleged to have continued utilizing Noble Roman’s intellectual property to advertise and sell Noble Roman’s-branded products and services after termination of their franchise agreement. Further, the Complaint alleges that the Defendants sold unauthorized “Noble Roman’s” products from at least one non-franchised location (see Complaint below, Section 22), but that location is not specifically identified.

The lawsuit was originally filed by Noble Roman’s counsel in Marion County Superior Court in October 2020 but has now been removed to the Southern District of Indiana.

There are often widely-conflicting viewpoints when such franchise arrangements go south, so stay tuned for the Defendant’s Answer and their side of this story.

Noble Roman’s Inc. v. Gateway Triangle Corp. et al.

Court Case Number: 1:21-cv-00407-JPH-TAB
File Date: February 5, 2021 (via Notice of Removal)
Plaintiff: Noble Romans, Inc.
Plaintiff Counsel: P. Adam Davis, Esquire of Davis & Sarbinoff, LLC
Defendant: Gateway Triangle Corp., 7405 Indy Corp., 850 Indy Corp., Northlake Marketing LLC, Thomas M. Collins II
Cause: Conversion under Indiana Code § 35-43-4-3, Theft under Indiana Code §35-43-4-2, Breach of Franchise Agreement, Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

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