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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Tortious Interference with Contract

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

08 Tuesday Jun 2021

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

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Debra McVicker Lynch, Jane Magnus-Stinson, Tortious Interference with Contract, Tortious Interference with Prospective Economic Advantage, Unfair Competition

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:

View this document on Scribd

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

30 Wednesday Oct 2013

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

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Copyright Infringement, Debra McVicker Lynch, Litigation Update, Richard L. Young, Tortious Interference with Contract

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.

Screen Shot 2013-10-30 at 9.28.29 AM Screen Shot 2013-10-30 at 9.37.38 AM

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

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Indiana Trademark Litigation Update – Alliance telemed v. Alliance Telemedicine

21 Friday Dec 2012

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

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Cybersquatting, Debra McVicker Lynch, False Designation of Origin, Fraud, Litigation Update, Piercing the Corporate Veil, Tanya Walton Pratt, Tortious Interference with Business Relationships, Tortious Interference with Contract, Unfair Competition

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

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Indiana Copyright Litigation Update – Sharon Chobat v. Dale Earnhardt, Inc.

28 Saturday Jul 2012

Posted by Kenan Farrell in Intellectual Property

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Breach of Contract, Conversion, Copyright Infringement, Dale Earnhardt, Debra McVicker Lynch, Fraud, Indiana Crime Victims' Act, Southern District of Indiana, Tanya Walton Pratt, Theodore J. Minch, Tortious Interference with Contract, Unjust Enrichment

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

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Indiana Copyright Litigation Update – Susan Lynch v. Math-U-See

04 Saturday Jun 2011

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

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Accounting, Breach of Contract, Breach of Fiduciary Duty, Breach of Good Faith, Christopher A. Nuechterlein, Copyright Infringement, Jon E. DeGuilio, Litigation Update, Promissory Estoppel, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Unjust Enrichment, Unjust Quantum Meruit, Violation of Law 75 of Puerto Rico, Violation of Tennessee Unfair Trade Practices Act, Violation of the Idaho Unfair Trade Practices Act, Violation of the Illinois Franchise Act, Violation of the Illinois Unfair Trade Practices Act, Violation of the Indiana Franchise Act, Wrongful Conversion of Customer List

Susan Lynch et al v. Math-U-See Inc et al

Court Case Number: 3:11-cv-00233-JD -CAN
File Date: Friday, June 03, 2011
Plaintiff: Susan Lynch, Math-U-See Indiana Inc, Lisa Angle, Jim Angle
Plaintiff Counsel: Brent E Inabnit, Joshua A Visser of Sopko Nussbaum Inabnit & Kaczmarek
Defendant: Math-U-See Inc, Steven Demme, Ethan Demme
Cause: Breach of Contract, Breach of Good Faith, Breach of Fiduciary Duty, Violation of the Indiana Franchise Act, Violation of Illinois Franchise Act, Violation of the Idaho Unfair Trade Practices Act, Violation of Illinois Unfair Trade Practices Act, Violation of Tennessee Unfair Trade Practices Act, Violation of Law 75 of Puerto Rico, Tortious Interference with Contract, Tortious Interference with Prospective Business Relations, Wrongful Conversion of Customer List, Promissory Estoppel, Unjust Enrichment/Quantum Meruit, Copyright Infringement, Accounting,
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

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