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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Trade Dress Dilution

Elkhart RV Manufacturer sues Former Employees for Conversion, Trade Dress Infringement

11 Tuesday Oct 2022

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

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Tags

Breach of Fiduciary Duty, Common Law Trade Dress Infringement, Conversion, Criminal Conversion, Damon R. Leichty, Federal Unfair Competition, Michael G. Gotsch, Theft, Trade Dress Dilution

The plaintiff in this lawsuit is Phoenix USA RV, an RV manufacturer located in Elkhart, Indiana, the RV Capital of the World.

The defendants are a large group of former Phoenix USA employees and the competitor company they founded while still working at Phoenix USA. The defendants are accused of sabotaging the plaintiff’s operations, stealings its tangible and intellectual property, and using a stolen RV design to build a prototype for a virtually identical RV. The allegedly infringing RV is now being marketed online and at RV trade shows.

The defendants are represented by Jonathan R. Slabaugh of Sanders Pianowski LLP. Based on the history detailed in the Complaint (below), we can probably expect some fireworks once everything gets going. Employment disputes involving just one employee can get messy, but this situation involves a whole company’s worth of ex-employees plus their new competing company.

This lawsuit was removed from Elkhart Superior Court to the Northern District of Indiana. Stay tuned for updates.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al.

Court Case Number: 3:22-cv-00855
File Date: October 7, 2022
Plaintiff: Phoenix USA RV, Inc.
Plaintiff Counsel: Paul E. Harold, Stephen M. Judge of SouthBank Legal
Defendants: Hoosier Custom Cruisers LLC et al.
Cause: Conversion, Criminal Conversion, Theft, Breach of Fiduciary Duty, Federal Unfair Competition, Trade Dress Dilution, Common Law Trade Dress Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

View this document on Scribd

Indiana Trade Dress Litigation Update – Archetype Ltd. v. LTD Commodities LLC

08 Sunday Feb 2015

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

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Tags

Denise K. LaRue, False Advertising, False Designation of Origin or Sponsorship and Passing Off, Litigation Update, Richard L. Young, Trade Dress Dilution, Trade Dress Infringement

This trade dress lawsuit involves battery-operated motion detecting lighting. Defendant has allegedly “willfully and deliberately pulled a ‘bait and switch’ on consumers by advertising [Plaintiff’s] high-end […] product and then shipping a low-end inferior lighting to consumers.” Plaintiff is located in New Jersey and Defendant is located in Illinois…jurisdiction purportedly arises from Defendant’s sales to Indiana consumers.

Archetype Ltd. v. LTD Commodities LLC

Court Case Number: 1:15-cv-00106-RLY-DKL
File Date: Monday, January 26, 2015
Plaintiff: Archetype Ltd.
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: LTD Commodities LLC
Cause: Trade Dress Infringement, False Designation of Origin or Sponsorship and Passing Off, False Advertising, Trade Dress Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

View this document on Scribd

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