Tag Archives: Unfair Competition

Indiana Trademark Litigation Update – Order Inn v. Ton Ganser et al

06 Sunday Apr 2014

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

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Since as early as 2000, Plaintiff has used its registered ORDER INN trademark in connection with “On-line ordering services in the field of restaurant takeout and delivery.” Defendant has begun providing similar services at the http://www.order-in.biz domain. Plaintiff seeks an injunction and damages as a result of the allegedly infringing activity.

Order Inn Screenshot

Order Inn, Inc. v. Ton Ganser et al

Court Case Number: 1:14-cv-00517-TWP-DKL
File Date: Friday, April 04, 2014
Plaintiff: Order Inn, Inc.
Plaintiff Counsel: Ryan Gile of Weide & Miller Ltd.
Defendant: Ton Ganser, TJ Enterprises of Indiana LLC, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Indiana Cybersquatting Litigation Update – Rieth-Riley Construction v. Superior Asphalt

13 Thursday Feb 2014

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

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Plaintiff and Defendant are competitors in the asphalt manufacturing, supplying, paving and maintenance business. Defendant purchased the domain name Rieth-Riley.net, which includes Plaintiff’s registered trademark, and used that domain name to direct traffic to their own website, SuperiorAsphalt.com. Defendant also offered to sell the domain name to Plaintiff for $10,000.

Screen Shot 2014-02-13 at 6.27.52 AM

Rieth-Riley Construction Co., Inc. v. Jeffrey Kresnak et al

Court Case Number: 3:14-cv-00280-RL-CAN
File Date: Wednesday, February 12, 2014
Plaintiff: Rieth-Riley Construction Co., Inc.
Plaintiff Counsel: D. Michael Anderson of Barnes & Thornburg LLP
Defendant: Jeffrey Kresnak, Superior Asphalt, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Cyberpiracy
Court: Northern District of Indiana
Judge: Judge Rudy Lozano
Referred To: Magistrate Judge Christopher A. Nuechterlein

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 – Sprint Solutions et al v. Reginald Aldridge et al

03 Monday Feb 2014

Posted by in Intellectual Property

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Plaintiff Sprint accuses three defendants of profiting from the illegal acquisition and resale of new Sprint phones. The Complaint is lengthy, detailing both Sprint’s business model and the Defendants’ alleged “Bulk Handset Theft and Trafficking Scheme,” in addition to fourteen claims. Presumably, in addition to civil penalties, the actions alleged by the Plaintiffs could also result in criminal penalties for Defendants.

Sprint Solutions, Inc. et al v. Reginald Aldridge et al

Court Case Number: 1:14-cv-00128-TWP-DML
File Date: Wednesday, January 29, 2014
Plaintiff: Sprint Solutions, Inc., Sprint Communications Company LP, Boost Worldwide, Inc.
Plaintiff Counsel: Matthew B. Millis, John D. Waller of Wooden & McLaughlin LLP
Defendant: Reginald Aldridge, Arrice Aldridge, Damion Transou
Cause: Unfair Competition, Tortious Interference with Business Relationships and Prospective Advantage, Civil Conspiracy, Unjust Enrichment, Conspiracy to Induce Breach of Contract, Common Law Fraud, Fraudulent Misrepresentation, Trafficking in Computer Passwords, Unauthorized Access, Unauthorized Access with Intent to Defraud, Federal Trademark Infringement, Common Law Trademark Infringement, False Advertising, Contributory Trademark Infringement, Conversion
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Trademark Litigation Update – Eli Lilly files 2 lawsuits over pet brands ELANCO, COMFORTIS, TRIFEXIS and PANORAMIS

17 Sunday Nov 2013

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

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Eli Lilly has filed two related cases involving its many lines of pet medicines, including ELANCO veterinary preparations, COMFORTIS flea-control preparations and TRIFEXIS and PANORAMIS pet medicines. The Defendants allegedly advertise and sell Australian and European version of the pet medicines branded with Eli Lilly’s trademarks through their respective websites.

Eli Lilly and Company v. Graham Nelson et al

Court Case Number: 1:13-cv-01800-JMS-DML
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Graham Nelson, Zoja Pty. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Eli Lilly and Company v. Sebastian Wiradharma et al

Court Case Number: 1:13-cv-01802-RLY-TAB
File Date: Tuesday, November 12, 2013
Plaintiff: Eli Lilly and Company
Plaintiff Counsel: Jan M. Carroll of Barnes & Thornburg LLP
Defendant: Sebastian Wiradharma, Singpet Pte. Ltd.
Cause: Trademark Infringement, Unfair Competition, False Advertising, State Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker