Tags
Common Law Trademark Infringement, Conversion, Counterfeiting, Debra McVicker Lynch, False Advertising, False Designation of Origin, Forgery, Notice of Removal, State Trademark Infringement, Tanya Walton Pratt, Theft, Trade Dress Infringement, Trademark Dilution, Trademark Infringement, Unfair Competition
Saeilo Enterprises Inc. v. Scottwerx, LLC
Manufacturing company, Saeilo Enterprises, formed the Kahr Arms division in 1994. In 1999, Kahr Arms bought Auto-Ordnance, including the “Tommy Gun” trademark.
Ruger 10/22 Tommy Gun
In June, Saeilo filed a trademark complaint in Hamilton County Superior Court against New York company, Scottwerx. The complaint claims jurisdiction in Hamilton County “because a substantial part of the events giving rise to the claims alleged herein arose in Hamilton County, Indiana”.
Citing the numerous federal allegations in the original complaint, defendant Scottwerx has filed a Notice of Removal asking the case be moved to Federal court.
Court Case Number: 1:11-cv-00993-TWP-DML
File Date: Tuesday, July 26, 2011
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
Defendant: Scottwerx, LLC
Cause: Notice of Removal – Fed. Question: Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Conversion, Forgery, Counterfeiting, Theft, State Trademark Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch
Notice of Removal
Exhibit A: Original Complaint
Plaintiff Lake Lite sells solar dock post lights and other boating-related products under the LAKE LITE trademark. Plaintiff also registered a copyright for technical drawings of their solar dock post. Defendant Tommy Dock is a previous reseller of Plaintiff’s product. Defendant has allegedly been reselling Lake Lite’s product without authorization under a different mark, “BETTER BY DESIGN.”
Indiana Intellectual Property Blog 