Tag Archives: Unfair Competition

Indiana Trademark Litigation Update – Batesville Services v. Cremation Options et al

30 Saturday Oct 2010

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

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Batesville Services, Inc. v. Cremation Options, LLC et al

Plaintiff has sold cremation casket goods under the OPTIONS trademark since 1993. Defendants have been operating a competing website (www.cremationoptions.com) since 2002 that allegedly infringes on Plaintiff’s trademarks and copyrights in images of cremation goods.

Court Case Number: 4:10-cv-00129-RLY-WGH
File Date: Friday, October 15, 2010
Plaintiff: Batesville Services, Inc.
Plaintiff Counsel: Karen K. Gaunt of Wood Herron & Evans LLP
Defendant: Cremation Options, LLC, http://www.cremationoptions.com, Dustin Rhodes, Joseph Salvatore Damiano Sr., A.J. Styles, John Does 1-3
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, False Advertising, Violation of the Anticybersquatting Consumer Protection Act, Copyright Infringement, Indiana Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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

25 Monday Oct 2010

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

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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

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

20 Wednesday Oct 2010

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

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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

Indiana Trademark Litigation Update – Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC

11 Monday Oct 2010

Posted by in Intellectual Property

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Net Pro Trading Card Company, LLC v. Ace Authentic Sports memorabilia, LLC et al

Interesting case. Plaintiff Net Pro was apparently the first company to make tennis trading cards way back in 1991. Defendant also makes tennis trading cards. As part of a recent promo series, Defendant has been packaging its own cards along with older, more valuable cards of Plaintiff (e.g. a Plaintiff 2003 rookie card of Rafa Nadal, etc.) Plaintiff feels Defendant’s actions have damaged its ability to sell its own stock of older cards. Kind of a flea-market, “first sale,” nominative fair use case. Despite Plaintiff including such colorful claims as “Deception” the “Indiana Crime Victims’ Act,” I don’t think this case is an easy slam…it could definitely go 5 sets with the proper defense.

Court Case Number: 1:10-cv-01236-JMS-TAB
File Date: Thursday, September 30, 2010
Plaintiff: Net Pro Trading Card Company, LLC
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Ace Authentic Sports memorabilia, LLC, John Reichel
Cause: Trademark Infringement, False Endorsement, False Advertising, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Indiana Trade Secret Litigation Update – Forest River Inc. v. Heartland Recreational Vehicles LLC

05 Tuesday Oct 2010

Posted by in Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Secret

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Forest River Inc. v. Heartland Recreational Vehicles LLC

This lawsuit is the fourth pending matter between these parties. The lawsuit revolves around the alleged theft of a company’s full client/contact list. High-tech computer espionage? No. The “sales person then contacted a personal friend of his who was a sales employee at [Plaintiff] and asked that sales employee to get him a copy of the Master List.” D’oh.

Companies, do you have a trade secret policy and the proper mechanisms in place to protect your valuable, confidential information? If not, I can tell you it costs a lot less than a trade secret lawsuit.

Court Case Number: 3:10-cv-00409-JED-CAN
File Date: Wednesday, September 29, 2010
Plaintiff: Forest River Inc.
Plaintiff Counsel: Ryan M. Fountain of Law Offices of Ryan M. Fountain
Defendant: Heartland Recreational Vehicles LLC
Cause: Computer Fraud and Abuse, Unfair Competition, Tortious Interference, Conspiracy to Commit Criminal Mischief, Trademark Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein