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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Unfair Competition

“Franchise Conversion Scheme” alleged against Community Newsletter publisher

11 Thursday May 2017

Posted by Kenan Farrell in Intellectual Property

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Tags

Accounting, Actual or Constructive Fraud, Breach of Contract, Breach of Fiduciary Duties, Common Law Trademark Infringement, Copyright Infringement, Declaratory Judgment, Defamation, Denise K. LaRue, Federal Trademark Infringement, Franchise Fraud, Indiana Crime Victims' Act, Indiana Trademark Infringement, Individual Liability, Larry J. McKinney, Permanent Injunction, Preliminary Injunction, Stored Communications Act, Tortious Interference, Unfair Competition

This lengthy complaint, with 17 (!) causes of action, details an alleged “Franchise Conversion Scheme” by the Defendants. The case was initially filed in Johnson County Superior Court but has been removed to the Southern District of Indiana.

Chilly Panda, LLC v. Britt Interactive LLC et al.

Court Case Number: 1:17-cv-01544-LJM-DKL
File Date: Wednesday, May 10, 2017
Plaintiff: Chilly Panda Media, LLC
Plaintiff Counsel: Matthew M. Cree of Law Office of Matthew M. Cree, LLC, P. Adam Davis of Davis and Sarbinoff, LLC
Defendant: Britt Interactive, LLC, Townepost Network, Inc., Tom Britt, Jeanne Britt, Josh F. Brown
Cause: Federal Trademark Infringement, Indiana Trademark Infringement, Common Law Trademark Infringement, Copyright Infringement, Unfair Competition, Indiana Crime Victims Act, Breach of Contract, Tortious Interference, Breach of Fiduciary Duties, Defamation, Franchise Fraud, Actual or Constructive Fraud, Stored Communications Act, Accounting, Individual Liability, Declaratory Judgment, Preliminary Injunction, Permanent Injunction
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

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USA Football asserts ownership of “U.S. National Team” trademark, loses governing authority

10 Wednesday May 2017

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Conversion, Deception, Denise K. LaRue, False Designation of Origin, Indiana Crime Victim's Relief Act, Larry J. McKinney, Unfair Competition, Unjust Enrichment

This lawsuit involves ownership of the “U.S. National Team” trademark. Plaintiff USA Football, Inc., the official youth football development partner of the NFL, claims exclusive use of the “U.S. National Team” mark since 2011.

Defendant, the U.S. Federation of American Football, is working to organize its own football team to participate in The World Games 2017 (held in Wrocław, Poland from July 20 – July 30, 2017) as the “U.S. National Team.”

Complicating matters is the fact that Plaintiff has recently lost its standing as the national governing body of American football. The International Federation of American Football (IFAF) withdrew recognition of Plaintiff’s authority in the USA due to “multiple, continuous and ongoing violations of the IFAF Anti-Doping Code.” With the expulsion of Plaintiff from IFAF, it’s not completely clear which, if any, organization is authorized to assemble a U.S. team for international competitions.

This case should get interesting so stay tuned for updates.

USA Football, Inc. v. U.S. Federation of American Football

Court Case Number: 1:17-cv-01395-LJM-DKL
File Date: Tuesday, May 2, 2017
Plaintiff: USA Football, Inc.
Plaintiff Counsel: Louis T. Perry, Amie Peele Carter of Faegre Baker Daniels LLP
Defendant: U.S. Federation of American Football
Cause: Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Larry J. McKinney
Referred To: Denise K. LaRue

Complaint:

View this document on Scribd

Garden Flag Manufacturer sues Former Reseller for Trademark Infringement, Cybersquatting

04 Thursday May 2017

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

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Tags

Common Law Unfair Competition, Common Law Unjust Enrichment, False Advertising, False Designation of Origin, Federal Cybersquatting, Federal Trademark Infringement, Injury to Business Reputation, Michael G. Gotsch, Philip P. Simon, Trademark Dilution, Unfair Competition

This lawsuit involves a garden flag manufacturer and a former reseller that continued selling product without authorization, as well as registering various infringing domain names. The Defendants’ bad faith use of the domain names has already been deterring by a WIPO proceeding.

Toland Home Garden v. PH Technologies et al.

Court Case Number: 3:17-cv-00336-PPS-MGG
File Date: Tuesday, May 2, 2017
Plaintiff: Toland International Ltd. and Marketing Resource Group, Inc. d/b/a Toland Home Garden
Plaintiff Counsel: Todd Gale, Jennifer Fraser of Dykema Gossett PLLC
Defendant: PH Technologies, LLC, Philip S. Horvath
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Federal Cybersquatting, Trademark Dilution, Injury to Business Reputation, Common Law Unfair Competition, Common Law Unjust Enrichment
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

Complaint: 

View this document on Scribd

 

National Veterans Memorial sues to prevent use of National Veterans Memorial & Museum trademark

16 Thursday Feb 2017

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

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Tags

False Designation, Federal Trademark Infringement, Matthew P. Brookman, Richard L. Young, Unfair Competition

The Plaintiff in this trademark lawsuit operates a small museum called the National Veterans Memorial in Elberfeld, Indiana. Since 2008, Plaintiff has owned a federal registration for the NATIONAL VETERANS MEMORIAL mark in connection with “Promoting public awareness of the need for reconciliation and recognition of all veterans.”

Plaintiff is seeking to prevent the use of the name National Veterans Memorial & Museum by a new museum opening in Columbus, Ohio. The Ohio museum began construction in 2015 and is set to open in 2018. The Defendant filed a federal “intent to use” application in October 2016, which has received an initial refusal by the Examining Attorney based on Plaintiff’s registration.

Stay tuned for updates.

screen-shot-2017-02-16-at-10-17-04-am

Henager Family Museum, Inc v. Columbus Downtown Development Corp.

Court Case Number: 3:17-cv-00028-RLY-MPB
File Date: Wednesday, February 15, 2017
Plaintiff: Henager Family Museum, Inc d/b/a National Veterans Museum
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Columbus Downtown Development Corp.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

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Past President sues Military History Museum for Trademark Infringement

07 Wednesday Dec 2016

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

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Tags

False Designation, Federal Trademark Infringement, Matthew P. Brookman, Richard L. Young, State Unfair Competition, Unfair Competition

Plaintiff is the owner of a federal trademark registration for FREEDOM HERITAGE MUSEUM, registered on April 19, 2016. He first used the mark in 2012 in connection with a military history museum of which he was the founding president and a board member.

Plaintiff left the museum in October 2016 and notified the museum that it could no longer use the trademark. He has begun promoting a new Evansville museum with the same name.

screen-shot-2016-12-07-at-8-24-30-am

This case serves as a good reminder for small businesses and non-profits to own their own trademarks, rather than registering them in the name of an owner or board member.

screen-shot-2016-12-07-at-8-13-22-am

Litov v. Freedom Heritage Museum

Court Case Number: 3:16-cv-00241-RLY-MPB
File Date: Tuesday, December 6, 2016
Plaintiff: Richard Litov
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Freedom Heritage Museum, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, False Designation, State Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

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