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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Trademark Infringement

Indiana Trademark Litigation Update – Coach Inc. v. Tom’s Treasure Chest

29 Tuesday Jun 2010

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

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Common Law Trademark Infringement, Copyright Infringement, False Designation of Origin and False Advertising, Federal Trademark Infringement, Forgery, Paul R. Cherry, Philip P. Simon, Trade Dress Infringement, Trademark Counterfeiting, Trademark Dilution, Trademark Infringement

Coach, Inc. et al v. Tom’s Treasure Chest

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Gary, 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. TJ’s Handbags

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

Court Case Number: 2:10-cv-00243-PPS-PRC

File Date: Thursday, June 17, 2010

Plaintiff: Coach Inc., Coach Services Inc.

Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP

Defendant: Tom’s Treasure Chest

Cause(s): 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: Indiana Northern District Court

Judge: Chief Judge Philip P. Simon

Referred To: Magistrate Judge Paul R. Cherry

View this document on Scribd

Indiana Patent Litigation Update – Masco Corporation of Indiana d/b/a Delta Faucet Company v. Watermark Designs, Ltd.

14 Monday Jun 2010

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

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Common Law Trademark Infringement, False Advertising, False Designation of Origin and False Description of Fact, Jane Magnus-Stinson, Patent Infringement, Sarah Evans Barker, Trademark Infringement, Unfair Competition

Court Case Number: 1:10-cv-0716-SEB-JMS

File Date: June 9, 2010

Plaintiff: Masco Corporation of Indiana d/b/a Delta Faucet Company

Plaintiff Counsel: R. Trevor Carter, Brandon Scott Judkins

Defendant: Watermark Designs, Ltd.

Cause(s): Patent Infringement, Trademark Infringement, False Designation of Origin and False Description of Fact, Unfair Competition, Common Law Trademark Infringement and False Advertising Unfair Competition

Court: Indiana Southern District Court

Judge: Sarah Evans Barker

Referred to: Jane Magnus-Stinson

View this document on Scribd

The subject patent:

If you’d like a full text copy of the patent, leave a comment.

Indiana Trademark Litigation Update – Norwood Promotional Products v. KustomKoozies

11 Wednesday Nov 2009

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Trademark

≈ 3 Comments

Tags

Breach of Contract, Corrective Advertising Damages, Jane Magnus-Stinson, Larry J. McKinney, Trademark Dilution, Trademark Infringement, Unfair Competition

Norwood Promotional Products v. KustomKoozies, LLC

Court Case Number: 1:09-cv-01378-LJM-JMS

File Date: Tuesday, November 03, 2009

Plaintiff: Norwood Promotional Products, LLC

Plaintiff Counsel: Jonathan G. Polak, Keirian A. Brown of Taft Stettinius & Hollister LLP

Defendant: KustomKoozies, LLC, Steve Liddle

Cause: Trademark Infringement, Federal Trademark Dilution, Unfair Competition, Breach of Contract and Corrective Advertising Damages

Court: Southern District of Indiana

Judge: Judge Larry J. McKinney

Referred To: Judge Jane Magnus-Stinson

View this document on Scribd

University of Missouri Halts Indiana School’s Use of Tiger Logo

06 Wednesday May 2009

Posted by Kenan Farrell in Trademark

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Indiana, Logos, Trademark, Trademark Infringement, University of Missouri, Warsaw, Warsaw Community Schools, WNDU

warsaw

David can’t always afford to fight Goliath.  Warsaw Community Schools (Warsaw, Indiana) recently received a cease and desist letter from the University of Missouri to stop using their tiger logo.

A licensing company determined that it was the same tiger logo as the University of Missouri’s and issued a cease and desist order. picture-21

A few years ago Warsaw re-designed their tiger to modernize it but claim that they didn’t intend to copy Missouri’s.  The logo can be found on Warsaw’s track, trash cans, stationary, staff uniforms, and football uniforms.

Even if the logos aren’t identical, are they confusingly similar?  Any more so than the other 1,000 Tigers athletics programs out there?  Apparently, Warsaw didn’t want to find out and has decided not to challenge Missouri.  Instead, Warsaw will be selecting a new logo…a contest will be held among their students to determine the new logo.  And perhaps a trademark attorney could run a quick clearance search.

Source: WNDU

Churches can air Super Bowl without violating copyright laws

27 Tuesday Jan 2009

Posted by Kenan Farrell in Copyright, Trademark

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Churches, Copyright Infringement, Edgerrin James, Super Bowl, Trademark Infringement

The NFL has called a reverse play…this year they will be allowing churches to show the Super Bowl on big screen TVs without fear of violating copyright laws. NFL spokesman Brian McCarthy says churches may now show the game on any size screen, as long as it’s in their normal meeting place and they don’t charge admission.

Two years ago, when Peyton Manning was leading the Indianapolis Colts on their championship run, the NFL clamped down on the ability to watch the big game in churches.  The NFL sent letters to churches informing them that airing the game would be a violation of the NFL’s copyright and trademark rights.  However, faced with the prospect of Congress enacting a change to copyright law, the NFL decided to instead toss this Hail Mary to church groups and let the game go on.

So while the Colts aren’t in the big game this year, church groups can now get together and root for local favorite Edgerrin James to win that long-awaited ring.  Cardinals 24 – Steelers 21.

Edgerrin James

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