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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Unfair Competition

Indiana Trademark Litigation Update – Liquid Palace v. E Liquid Palace

17 Tuesday Jun 2014

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

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Common Law Trademark Infringement, Injunctive Relief, Intentional Interference with Business Relationships, Intentional Interference with Prospective Business Advantage, Litigation Update, Tanya Walton Pratt, Trademark Infringement, Unfair Competition, William G. Hussmann

This is a dispute between two electronic cigarette distributors over the marks “Genie,” Liquid Genie” and “Electric Genie.” Both parties began using their respective trademarks in 2013 and have retail locations approximately six miles apart. This case was removed from the Circuit Court for Floyd County, Indiana.

Liquid Palace, LLC et al v. E Liquid Palace, LLC et al

Court Case Number: 4:14-cv-00051-TWP-WGH
File Date: Tuesday, June 10, 2014
Plaintiff: Liquid Palace, LLC, Robert W. Kaiser, Jr.
Plaintiff Counsel: H. Kevin Eddins, Kevin J. Fiet
Defendant: E Liquid Palace, Austin Simon, Russell Simon
Defendant Counsel: Loren T. Prizant, Robert John Theuerkauf
Cause: Trademark Infringement, Common Law Trademark Infringement, Intentional Interference with Prospective Business Advantage, Intentional Interference with Business Relationships, Unfair Competition, Injunctive Relief
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Trademark Litigation Update – Harmony School Corporation v. School Reform Initiative

30 Friday May 2014

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Litigation Update, Tanya Walton Pratt, Tim A. Baker, Unfair Competition

Harmony School Corporation v. School Reform Initiative, Inc.

Court Case Number: 1:14-cv-00870-TWP-TAB
File Date: Thursday, May 29, 2014
Plaintiff: Harmony School Corporation
Plaintiff Counsel: Constance R. Lindman of Smith Amundsen LLC, Robert S. Meitus, Matthew J. Clark of Meitus Gilbert Rose LLP
Defendant: School Reform Initiative, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – Best Chairs Incorporated v. Factory Direct Wholesale

09 Friday May 2014

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

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False Advertising, False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Indiana Crime Victims' Act, Litigation Update, Richard L. Young, State Unfair Competition, Unfair Competition, William G. Hussmann

Plaintiff, based in Ferdinand, Indiana, sells chairs and other furniture under the BEST CHAIRS trademark. Defendant is allegedly selling competing furniture products under the BESTCHAIR and BEST CHAIR marks. Despite multiple contacts from Plaintiff, Defendant has refused to refrain from selling under the allegedly infringing mark.

Best Chairs Incorporated v. Factory Direct Wholesale, LLC

Court Case Number: 3:14-cv-00067-RLY-WGH
File Date: Wednesday, May 07, 2014
Plaintiff: Best Chairs Incorporated
Plaintiff Counsel: Amy B. Berge of Bingham Greenebaum Doll LLP
Defendant: Factory Direct Wholesale, LLC
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Unfair Competition, False Advertising, False Designation of Origin, State Unfair Competition, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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Indiana Trademark Litigation Update – Roche Diagnostics GmbH v. Polymer Technology Systems

14 Monday Apr 2014

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment, Denise K. LaRue, Jane Magnus-Stinson, Litigation Update, Trademark Infringement, Unfair Competition

Plaintiff, based in Indianapolis, Indiana, has used the ACCU-CHEK trademark in connection with medical instruments and apparatus related to blood-glucose monitoring and diabetes management and education since as early as 1981. In March 2014, Defendant changed its company name to CHEK Diagnostics and began to promote a line of diabetes care products. Plaintiff maintains that the CHEK mark is confusingly similar to its ACCU-CHEK trademarks.

Roche Diagnostics GmbH et al v. Polymer Technology Systems Inc.

Court Case Number: 1:14-cv-00552-JMS-DKL
File Date: Thursday, April 10, 2014
Plaintiff: Roche Diagnostics GmbH, Roche Diagnostics Operations Inc.
Plaintiff Counsel: Jonathan P. Froemel, John R. Maley of Barnes & Thornburg LLP
Defendant: Polymer Technology Systems Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

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Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

08 Tuesday Apr 2014

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

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Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Sarah Evans Barker, Theft, Unfair Competition

INDY SKYLINEThe Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.

Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.

Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:

Richard N. Bell v. Mark Arruda

Bell v. Indy Cleaning Pros

Richard N. Bell v. Greg Bayers LLC et al.

Richard N. Bell v. Jerry Gordon et al.

Richard Bell v. Cameron Taylor et al.

Richard N. Bell v. Diversified Vehicle Services et al

Court Case Number: 1:14-cv-00525
File Date: Monday, April 07, 2014
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell – Pro Se
Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds
Cause: Copyright Infringement, Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

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