Tag Archives: Tortious Interference with Contract

JUMPSTART COMMUNICATIONS vs. JUMPSTART COMMUNICATION…are you confused?

31 Thursday Oct 2024

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

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The parties to this new Indiana trademark lawsuit have a long personal history, including previously being married, but we’re taking a look at the case for its intellectual property claims, i.e. trademark infringement between the marks JUMPSTART COMMUNICATIONS and JUMPSTART COMMUNICATION. The companies offer the same services, telecommunications construction services, in the same geographic area. The Complaint (below) provides some details about the defendant’s decision to choose a similar name, along with other allegedly damaging behavior, including solicitation of customers and employees.

Stay tuned for updates, although I don’t expect this case to last very long, at least the trademark claims. There are some additional claims that may linger even if the trademark issue is resolved, for example, by a name change.

Jumpstart Communications LLC v. Jumper et al.

Court Case Number: 1:24-cv-00447-HAB-SLC
File Date: October 22, 2024
Plaintiff: Jumpstart Communications LLC
Plaintiff Counsel: Carrie E. Sheridan, J.Blake Hike, Brendan C. Ruff, Stephanie Fleming of Carson LLP
Defendant: Ryan Jumper, Jumpstart Communication LLC
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Trademark Dilution, Federal Unfair Competition, RICO Violations, Breach of Fiduciary Duties, Tortious Interference with Contract, Tortious Interference with Business Relationship, Civil Theft
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Family-owned Hardware Store in Corydon, Indiana sued by Sears Hometown for Unfair Competition and Tortious Interference

08 Tuesday Jun 2021

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

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The Plaintiff in this lawsuit is Sears Authorized Hometown Stores, LLC (“SAHS”), the licensor of Sears Hometown stores, which offer SAHS’s merchandise, such as major home appliances, for sale to the public on consignment from SAHS. For over 25 years, SAHS licensed a Sears Hometown store in Corydon, Indiana through dealership agreements with a series of independent dealers.

The Defendants are accused of using “their personal relationships with SAHS’s former dealer to block SAHS’s access to the market and open their own store, “Schneider’s Hometown,” at the same location as the former Sears Hometown store. Defendants are now unfairly trading off SAHS’s name and goodwill in the Corydon market.”

The Complaint (below) details the history between the original Corydon SAHS store and the Defendants, including the actions of the Defendants in abandoning their own dealer agreement.

The Defendants are also accused of using a sign designed to be confusingly similar to the sign used to designate a Sears Hometown store, including using the same font and color scheme. The interior of the Defendants’ store allegedly uses the same trade dress and fixtures used in SAHS’s branding programs, including, but not limited to, the paint colors and trim and vinyl plank wood flooring. The Defendants also continue to use the same phone number from the SAHS store.

Stay tuned for updates.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al.

Case Number: 4:21-cv-00091-JMS-DML
File Date: Friday, June 4, 2021
Plaintiff: Sears Authorized Hometown Stores, LLC
Plaintiff Counsel: Michael W. Oyler of Furman Nilsen & Oyler, PLLC, Fredric A. Cohen, Allison R. Grow, Charles J. Hoover of Cheng Cohen LLC
Defendant: Lynn Retail, Inc., Jerry Schneider, Laura Schneider
Cause: Unfair Competition, Tortious Interference with Contract, Tortious Interference with Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Debra McVicker Lynch

Complaint:

Indiana Copyright Litigation Update – Silver Streak Industries v. Squire Boone Caverns

30 Wednesday Oct 2013

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

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Fun case. The work at issue is a “whimsical representation of a mining ore car used to display polished stone and an accompanying brochure that lists the type of stones displayed.” Defendant Squire Boone Caverns, located in Harrison County, Indiana, is allegedly producing and selling an infringing ore car.

The Plaintiff does have a copyright registration for a 3-Dimensional sculpture for “Ore Card Display and Game Cards.” However, there will certainly be some functionality challenges to overcome.  Additionally, the Plaintiff will need to reconcile why the registration for a “wood constructed attraction” for game cards should extend to polished stones. Squire Boone’s ore car product is advertised in connection with polished stones. It’s not apparent from the Complaint or Exhibits whether the Squire Boone ore car is made from wood, plastic or metal.

This case will probably see a Motion to Dismiss so stay tuned. A design patent would have probably been the preferred method of intellectual property protection for the Plaintiff’s ore car.

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Silver Streak Industries LLC v. Squire Boone Caverns Inc.

Court Case Number: 4:13-cv-00173-RLY-DML
File Date: Tuesday, October 29, 2013
Plaintiff: Silver Streak Industries LLC
Plaintiff Counsel: Van T. Willis, Ashley G. Eade of Kightlinger & Gray LLP
Defendant: Squire Boone Caverns Inc.
Cause: Copyright Infringement, Tortious Interference with Contract
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 Copyright Litigation Update – Sharon Chobat v. Dale Earnhardt, Inc.

28 Saturday Jul 2012

Posted by in Intellectual Property

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Sharon Chobat v. Dale Earnhardt, Inc. et al

Court Case Number: 1:12-cv-01041-TWP-DML
File Date: Friday, July 27, 2012
Plaintiff: Sharon Chobat
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: Dale Earnhardt, Inc., Smyle Media Consulting, Teresa Earnhardt
Defendant Counsel: Wayne C. Turner, Nathan Lee Lundquist
Cause: Copyright Infringement, Breach of Contract, Tortious Interference with Contract, Unjust Enrichment, Conversion, Fraud, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch