Tag Archives: Trade Dress Infringement

Counterfeit gages result in trade dress, trademark litigation

17 Thursday Aug 2017

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

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The Plaintiff, Dwyer Instruments, is a manufacturer of industrial gages and controls headquartered in Michigan City. Plaintiff has used the registered trademark MAGNEHELIC since 1949.

The Defendants, a California manufacturer and Wal-Mart.com which lists the product, are accused of selling counterfeit gages with identical trade dress tp Plaintiff’s gages and a confusingly similar trademark, MAGRFHELIC.

Dwyer Instruments Inc v. Wal-Mart.com USA, LLC et al.

Court Case Number: 3:17-cv-00636-RLM-MGG
File Date: Tuesday, August 15, 2017
Plaintiff: Dwyer Instruments, Inc.
Plaintiff Counsel: Peter J. Shakula of Wood Phillips
Defendant: Wal-Mart.com USA, LLC, Tasharina Corp.
Cause: Federal Trademark Infringement, Trade Dress Infringement, Federal Unfair Competition, False Designation of Origin, False and Misleading Representations, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Michael G. Gotsch, Sr.

Complaint: 

GNARLY HEAD wine vs. GNARLY GROVE hard cider…are you confused?

02 Wednesday Nov 2016

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

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Plaintiff Gnarly Head, a California winery, asserts that Columbus, Indiana’s Simmons Winery has adopted a confusingly similar trademark and trade dress with their new line of Gnarly Grove hard cider.

I’ll leave the question of confusion for you. What I’d really like to know is who is mixing wine and hard cider??? Tasty?

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Delicato Vineyards v. Gnarly Grove Cider Co.

Court Case Number: 1:16-cv-02932-TWP-DKL
File Date: Friday, October 28, 2016
Plaintiff: Delicato Vineyards
Plaintiff Counsel: Jonathan G. Polak, Cristina A. Costa of Taft, Stettinius & Hollister, LLP
Defendant: Gnarly Grove Cider Co.
Cause: Trademark Infringement, Trade Dress Infringement, False Designation of Origin, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Denise K. LaRue

Complaint:

ZIG-ZAG looks to smoke out counterfeiters in Indiana

18 Thursday Aug 2016

Posted by in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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This is an anti-counterfeiting action against an extensive list of defendants who allegedly manufacture, import and sell counterfeit versions of Plaintiff’s ZIG-ZAG cigarette papers in Indiana.

As expected, the counterfeit products are “inferior, cheaper versions sold without any known quality control or authorization.”

Stopping counterfeiters is a difficult task and, as seen here, must often be done on a state-by-state basis.

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North Atlantic Operating Company, Inc. et al v. KPC Distributor Inc. et al

Court Case Number: 1:16-cv-00307-PPS-SLC
File Date: Wednesday, August 17, 2016
Plaintiff: North Atlantic Operating Company, Inc.; National Tobacco Company, L.P.
Plaintiff Counsel: Gregory W. Pottorff, Adam Arceneaux of Ice Miller
Defendant: KPC Distributor Inc. et al.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Federal Copyright Infringement, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

Coach sues Knox, Indiana Convenience Store over Counterfeit Purses

05 Tuesday Apr 2016

Posted by in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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The Defendants in this lawsuit, the owners of a convenience store located in Knox, Indiana, are accused of selling counterfeit Coach merchandise. The counterfeit purses were observed for sale in the store on multiple occasions by a Coach investigator and Homeland Security Investigations officer.

Selling counterfeit merchandise is, not surprisingly, a big no-no and Coach takes its intellectual property very seriously, hence this lawsuit containing trademark, copyright and trade dress claims.

Stay tuned for updates.

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Coach, Inc. et al v. Zip Thru Mart et al

Court Case Number: 3:2016-cv-00209-JD-CAN
File Date: Monday, April 4, 2016
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: P. Russell Pardew of Locke Lord LLP
Defendant: Zip Thru Mart, Charles Estok, Sr., Janice Estok
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Christopher A. Nuechterlein

Complaint:

Texas Roadhouse Trade Dress Lawsuit Comes to Indiana

26 Tuesday Jan 2016

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

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A long-standing trade dress/trademark beef between Texas Roadhouse and Texas Corral/Amarillo Roadhouse has been transferred to Indiana.

Background on the lawsuit, first filed in August 2013, is here: Texas Roadhouse alleges trademark infringement against other steakhouse operators

Stay tuned for updates as the case proceeds in Indiana.

Texas Roadhouse Complaint

Texas Roadhouse, Inc. et al v. Texas Corral Restaurants, Inc. et al

Court Case Number: 2:16-cv-00028-JVB-PRC
File Date: Monday, January 25, 2016
Plaintiff: Texas Roadhouse, Inc
Defendant: Texas Corral Restaurants, Inc.; Switzer Properties, LLC; Texcor, Inc.; Texas Corral Restaurant II, Inc.; T.C. of Michigan City, Inc.; T.C. of Kalamazoo, Inc.; Chicago Roadhouse Concepts, LLC; Paul Switzer; Victor Spina; and John Doe Corp.
Cause: Trade Dress Infringement, Federal Trademark Infringement, Michigan Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Paul R. Cherry

Complaint:

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

08 Sunday Feb 2015

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

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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:

Indiana Copyright Litigation Update – Brinker Manufacturing Jewelers Inc. v. Rogers Galleria Jewelers

01 Wednesday Oct 2014

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

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Defendants are accused of having repeatedly copied Plaintiff’s advertising marketing and branding including copying the design of Plaintiff’s showroom and jewelry boxes, interfering with Plaintiff’s exclusive vendor contracts, and copying and/or plagiarizing several of Plaintiff’s taglines and written advertisements.

Court Case Number: 3:14-cv-00134-RLY-WGH
File Date: Monday, September 29, 2014
Plaintiff: Brinker Manufacturing Jewelers Inc., South Central Communications Corporation
Plaintiff Counsel: Jean M. Blanton of Ziemer Stayman Weitzel & Shoulders LLP, Nick J. Cirignano
Defendant: Rogers Galleria Jewelers LLC, Tyna Wheat, Sharon Sartore
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Deceptive Trade Practices, Conversion, Misappropriation of Advertising Ideas and Style of Doing Business, Tortious Interference with Business Relations
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trade Dress Litigation Update – KM Innovations v. Opportunities, Inc.

13 Thursday Feb 2014

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

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This is a trade dress lawsuit involving the product packaging for synthetic fiber snowballs. See the Complaint below for a description of the similarities and some really grainy comparison photos.

Plaintiff is based in New Castle, Indiana. Defendant is based in Colo, Iowa, which has a population of 876 and is named after a railroad official’s dog.

KM Innovations LLC v. Opportunities, Inc.

Court Case Number: 1:14-cv-00199-SEB-DML
File Date: Tuesday, February 11, 2014
Plaintiff: KM Innovations LLC
Plaintiff Counsel: Dean E. McConnell of McConnell Intellectual Property Law
Defendant: Opportunities, Inc.
Cause: Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Master Cutlery v. Pacific Solution Marketing

18 Saturday May 2013

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

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Master Cutlery, Inc. v. Pacific Solution Marketing, Inc.

Court Case Number: 1:13-cv-00819-JMS-DML
File Date: Friday, May 17, 2013
Plaintiff: Master Cutlery, Inc.
Plaintiff Counsel: Darlene R. Seymour Attorney at Law
Defendant: Pacific Solution Marketing, Inc.
Cause: Trademark Infringement, Copyright Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Copyright Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Saeilo Enterprises v. ESCO Imports of Texas

07 Thursday Mar 2013

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

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Saeilo Enterprises Inc. v. ESCO Imports of Texas Inc.

Court Case Number: 1:13-cv-00365-JMS-MJD
File Date: Wednesday, March 06, 2013
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour, Jeremiah Pastrick of Continental Enterprises
Defendant: ESCO Imports of Texas Inc.
Cause: Notice of Removal, Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting, State Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore