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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Trade Dress Infringement

Indiana Trademark Litigation Update – Coach, Inc. v. Diggz Clothing

22 Wednesday Dec 2010

Posted by Kenan Farrell in Indiana, Litigation, Northern District of Indiana, Trademark

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Tags

Common Law Trademark Infringement, Copyright Infringement, Counterfeiting, False Designation of Origin and False Advertising, Forgery, Joseph S. Van Bokkelen, Litigation Update, Paul R. Cherry, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement, Unfair Competition

Coach, Inc. et al v. Diggz Clothing LLC et al

Coach strikes again. Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Lafayette, Indiana. As always, Coach throws the kitchen sink at the Defendant.

Related case: Coach, Inc. et al v. TJ’s Handbags
Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al
Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00100-JVB -PRC
File Date: Wednesday, December 15, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diggz Clothing LLC, Lori Harth
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

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Indiana Trademark Litigation Update – Connecticut Electric v. Pacific Coast Breaker et al

26 Friday Nov 2010

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

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Tags

Common Law Trademark Infringement, Counterfeiting, False Designation of Origin and False Description of Fact, Forgery, Larry J. McKinney, Litigation Update, Tim A. Baker, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement, Unfair Competition

Connecticut Electric, Inc. v. Pacific Coast Breaker, Inc. et al

Plaintiff owns the  ZINSCO mark, which has been in use in connection with circuit breakers since 1974. Defendant initially bought Plaintiff’s circuits breakers for resale but then allegedly began manufacturing and selling its own counterfeit circuit breakers bearing the ZINSCO mark. Plaintiff also claims trade dress in the overall look and feel of the circuit breakers.

This case has an interesting public health component. Unlike the original ZINSCO breakers, which undergo a certification process, the knock-off breakers have not been tested (and therefore are not marked with the certification mark of a national testing lab). Let’s hope not many homes have had faulty ZINSCO breakers installed.

Court Case Number: 1:10-cv-01440-LJM-TAB
File Date: Tuesday, November 09, 2010
Plaintiff: Connecticut Electric, Inc.
Plaintiff Counsel: Douglas B. Bates of Stites & Harbison LLP, Vincent Allen of Carstens & Cahoon LLP
Defendant: Pacific Coast Breaker, Inc., PC Systems, Inc.
Cause: Trademark Counterfeiting, Trademark Infringement, Federal Trademark Dilution, Unfair Competition, False Designation of Origin & False Description, Trade Dress Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery Under IC 35-43-5-2(b), Counterfeiting Under IC 35-43-5-2(a)
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trade Dress Litigation Update – Top Ten Imports, LLC v. BMX Imports, LP

25 Monday Oct 2010

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

≈ 1 Comment

Tags

Copyright Infringement, Debra McVicker Lynch, Litigation Update, Sarah Evans Barker, Trade Dress Infringement, Unfair Competition

Top Ten Imports, LLC v. BMX Imports, LP

Here’s an interesting case in which the Plaintiff seeks to protect the unique design of  a space heater. Plaintiff manufactures the iHeater. Defendant has been manufacturing and marketing space heaters with a similar(?) design, the HeaterPRO (see images below). The ultimate question is whether a space heater design can even be protected. After all, are there many things more utilitarian than a space heater? Plaintiff tries to cover all bases just in case, relying on copyright, trade dress and even a design patent.

Court Case Number: 1:10-cv-01287-SEB-DML
File Date: Wednesday, October 13, 2010
Plaintiff: Top Ten Imports, LLC
Plaintiff Counsel: James M. Hinshaw and Alex E. Gude of Bingham McHale LLP
Defendant: BMX Imports, LP
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

View this document on Scribd

Indiana Copyright Litigation Update – Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

20 Wednesday Oct 2010

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

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Tags

Copyright Infringement, Deceptive Trade Practices, False Designation of Origin, Joseph S. Van Bokkelen, Litigation Update, Roger B. Cosbey, Trade Dress Infringement, Unfair Competition

Hydraulic Marine Systems Inc. v. Mid-America Foundation Supply Inc.

This case involves “barge thrusters”…think gigantic outboard motors for barges…and the copyrighted instructions thereto. Defendant allegedly bought a few barge thrusters from Plaintiff, slapped its own trademark on the thrusters, took a few pictures, and attempted to resell the product along with false claims regarding the thruster’s physical capabilities. Defendant is also alleged to have copied photographs and descriptions from Plaintiff’s copyrighted instructions.

Court Case Number: 1:10-cv-00344-JVB -RBC
File Date: Monday, October 04, 2010
Plaintiff: Hydraulic Marine Systems Inc.
Plaintiff Counsel: D. Randall Brown and Jennifer Rae Tudor of Barnes & Thornburg LLP
Defendant: Mid-America Foundation Supply Inc.
Cause: Copyright Infringement, False Designation of Origin, Trade Dress Infringement, Unfair Competition and Deceptive Trade Practices
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Roger B. Cosbey

View this document on Scribd

Indiana Trademark Litigation Update – Coach, Inc. v. TJ’s Handbags

28 Tuesday Sep 2010

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

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Tags

Common Law Trademark Infringement, Copyright Infringement, False Designation of Origin and False Advertising, Tanya Walton Pratt, Trade Dress Infringement, Trademark Cou, Trademark Dilution, Trademark Infringement, Unfair Competition, William G. Hussmann

Coach, Inc. et al v. TJ’s Handbags

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Scottsburg, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Related case: Coach Inc. v. Tom’s Treasure Chest

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 4:10-cv-00111-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: TJ’s Handbags & More, Teresa A. Jewell
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.

View this document on Scribd
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