Tag Archives: Tortious Interference with Business Relationships

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 – Sprint Solutions et al v. Reginald Aldridge et al

03 Monday Feb 2014

Posted by in Intellectual Property

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Plaintiff Sprint accuses three defendants of profiting from the illegal acquisition and resale of new Sprint phones. The Complaint is lengthy, detailing both Sprint’s business model and the Defendants’ alleged “Bulk Handset Theft and Trafficking Scheme,” in addition to fourteen claims. Presumably, in addition to civil penalties, the actions alleged by the Plaintiffs could also result in criminal penalties for Defendants.

Sprint Solutions, Inc. et al v. Reginald Aldridge et al

Court Case Number: 1:14-cv-00128-TWP-DML
File Date: Wednesday, January 29, 2014
Plaintiff: Sprint Solutions, Inc., Sprint Communications Company LP, Boost Worldwide, Inc.
Plaintiff Counsel: Matthew B. Millis, John D. Waller of Wooden & McLaughlin LLP
Defendant: Reginald Aldridge, Arrice Aldridge, Damion Transou
Cause: Unfair Competition, Tortious Interference with Business Relationships and Prospective Advantage, Civil Conspiracy, Unjust Enrichment, Conspiracy to Induce Breach of Contract, Common Law Fraud, Fraudulent Misrepresentation, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Federal Trademark Infringement, Common Law Trademark Infringement, False Advertising, Contributory Trademark Infringement, Conversion
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Wounded Warrior Project sues Indiana Veteran over Critical Comments on Website

25 Monday Nov 2013

Posted by in Intellectual Property, Nonprofit

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Plaintiff, Wounded Warrior Project, is a Virginia-based nonprofit that claims to provide comfort items to service members injured in combat. Defendant Help Indiana Vets operates an Indiana-based website (run by a U.S. Army veteran) that is critical of Plaintiff’s operations, asserting that “Wounded Warrior Project is a Fraud.” Wounded Warrior Project responded by filing this lawsuit in an attempt to force Defendant to change the website.

All Veterans Memorial

Defendant seems intent on fighting the lawsuit on behalf of “all Wounded Warriors” and is soliciting donations for a legal defense fund. Veterans, bloggers, free speech and anti-censorship advocates will likely be interested in supporting Defendant in this litigation but it will be an uphill battle since Plaintiff already has a team of high-powered attorneys.

Stay tuned for updates.

Wounded Warrior Project, Inc. v. Help Indiana Vets, Inc. et al

Court Case Number: 1:13-cv-01857-RLY-DML
File Date: Thursday, November 21, 2013
Plaintiff: Wounded Warrior Project, Inc.
Plaintiff Counsel: Jessica M. Lindemann of Barnes & Thornburg LLP
Defendant: Help Indiana Vets, Inc., Dean M. Graham
Cause: False Advertising, Criminal Deception, Defamation, Common Law Unfair Competition, Tortious Interference with Business Relationships, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Alliance telemed v. Alliance Telemedicine

21 Friday Dec 2012

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

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Alliance telemed, LLC v. Alliance Telemedicine, LLC et al

Court Case Number: 1:12-cv-01860-TWP-DML
File Date: Thursday, December 20, 2012
Plaintiff: Alliance telemed, LLC
Plaintiff Counsel: John A. Di Giacomo of Newburg Law PLLC
Defendant: Alliance Telemedicine, LLC; Business Consultants and Associates, LLC; Maher El Sarag
Cause: Cybersquatting, False Designation of Origin, Fraud, Tortious Interference with Contract, Tortious Interference with Business Relationships, Unfair Competition, Piercing the Corporate Veil
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Williams Industries v. Tervis Tumbler

27 Monday Jun 2011

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

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Williams Industries, Inc. v. Tervis Tumbler Company

Plaintiff, Williams Industries, is based out of Shelbyville, IN and designs/manufactures a variety of products including plastic drink tumblers.  Among their products are the 12 oz. and 14oz. Tritan™ double wall tumblers.  Plaintiff has an ongoing business relationship with Hit Promotional Products, a seller of many products, including the Tritan™ tumblers.  Defendant, Tervis owns two copyrights regarding design and style of plastic drink tumblers.  Tervis sent a cease and desist letter, claiming Hit “deceived and misled customer who pay for

[its] products into believing that such products are those of Tervis… [t]his attempt to profit off of Tervis’ goodwill is a violation of state and Federal trademark and unfair competition laws.” In response, Hit removed the Tritan™ tumblers from their website.  Plaintiff is requesting the cancellation of Tervis‘ trademarks due to genericness, unenforceability, and fraudulent procurement; as well as compensation for damages resulting from the alleged tortious interference.

Court Case Number: 1:11-cv-00860-SEB-DML
File Date: Monday, June 27, 2011
Plaintiff: Williams Industries, Inc.
Plaintiff Counsel: Dwight D. Lueck, Jennifer Lynn Schuster of Barnes & Thornburg LLP
Defendant: Tervis Tumbler Company
Cause: Tortious Interference with Business Relationships, Cancellation of the ‘577 Mark for Fraudulent Procurement of Trademark Registration, Cancellation of the ‘577 Mark for Genericness, Request for Declaratory Judgment of Unenforceability of the ‘577 Mark, Request for Declaratory Judgment of Non-Infringement of the ‘871 Mark, Request for Declaratory Judgement of Unenforceability of Tervis’s Alleged Trade Dress, Common Law Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch