Tag Archives: Unjust Enrichment

Sunman BP sued for selling counterfeit Oakley sunglasses

18 Friday May 2018

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

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The defendants in this counterfeiting lawsuit are the owners and operators of a BP gas station located in Sunman, Indiana, who are accused of selling counterfeit Oakley sunglasses. The counterfeit products were observed for sale in the store by Plaintiff’s representatives.

The plaintiff, Oakley, Inc., seeks damages and injunctive relief.

Oakley, Inc. v. Sunman BP et al.

Court Case Number: 4:18-cv-00085-TWP-DML
File Date: Wednesday, May 16, 2018
Plaintiff: Oakley, Inc.
Plaintiff Counsel: Jason D. Groppe, Esq., Logan S. Bednarczuk, Esq.
Defendants: Swami Property Sunman Inc. dba Sunman BP, Chirag Patel, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Federal Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

WORLD OF LEGGINGS vs. LEGGINGS WORLD…are you confused?

17 Tuesday Apr 2018

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

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The Plaintiff in this trademark lawsuit, California-based Muscle Flex, Inc., operates a hosiery website, worldofleggings.com, which boasts “5.5 million visitors, 27 million views, and millions of dollars in sales across the United States.”

The Defendants operate several hosiery stores called “Leggings World” inside Simon Property Group (“Simon”) properties across the Midwest and Northeast. Simon is included as a defendant in the lawsuit.

When Muscle Flex complained of the infringement to Simon, Simon responded by removing instances of “Leggings World” from its website and digital directories inside its malls, and sending cease-and-desist letters to tenants operating under the “Leggings World” name in its properties.

However, this didn’t satisfy Muscle Flex, which also wants to receive some money for damages, leading to some slight lawyer shade:

Simon has seemingly thrown in the towel on Leggings World, removing it from all Simon online directories (really, go try to find a store online), but we’ll see whether Leggings World decides to challenge Muscle Flex and continue operating the physical stores. Stay tuned for updates.

Muscle Flex, Inc. v. Simon Property Group, L.P. et al.

Court Case Number: 1:18-cv-1140
File Date: Friday, April 13, 2018
Plaintiff: Muscle Flex, Inc.
Plaintiff Counsel: Christopher A. Brown of Woodard, Emhardt, Moriarty, McNett & Henry LLP, Connor Lynch of Lynch LLP (pro hac vice)
Defendants: Simon Property Group, L.P., Simon Property Group, Inc., Matt Murat Dagli, New Purple LLC
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Trademark Dilution, Common Law Trademark Infringement, Unjust Enrichment
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

Vera Bradley sues numerous eBay sellers over counterfeit goods

27 Tuesday Mar 2018

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

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The defendants in this lawsuit are alleged to have sold counterfeit Vera Bradley products on eBay since as early as January 2016.

Vera Bradley Designs, Inc. v. Denny et al.

Court Case Number: 1:18-cv-00070
File Date: Monday, March 26, 2018
Plaintiff: Vera Bradley Designs, Inc.
Plaintiff Counsel: Mark D. Scudder of Barnes & Thornburg LLP, Michael R. Gray of Gray, Plant, Mooty, Mooty & Bennett, P.A.
Defendants: Jennifer Denny, Austin Devin 2 Denny Boys, LLC, Darlene Nicholas, Amanda Whitfield, and Ilene Simpson
Cause: Trademark Infringement, Copyright Infringement, False Designation of Origin, Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

Oakley sues So. Indiana Gas Stations over Counterfeit Eyewear

26 Monday Feb 2018

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

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The Defendants in this lawsuit, the owners of gas stations located in Batesville, Osgood, and New Point, Indiana, are accused of selling counterfeit Oakley and Ray-Ban sunglasses. The counterfeit products were observed for sale in the stores by Plaintiff’s representatives and are believed to originate from a common source, to be determined.

Stay tuned for updates.

Luxottica Group et al. v. Avni Petroleum, Inc. et al.

Court Case Number: 1:18-cv-0537-WTL-MJD
File Date: Friday, February 23, 2018
Plaintiff: Luxottica Group S.p.A., Oakley Inc.
Plaintiff Counsel: Brent H. Blakely, Jessica C. Covington of Blakely Law Group
Defendant: Avni Petroleum, Inc., Delaware BP, Pari, Inc. dba Batesville Food Mart, Rani Petroleum, Inc. dba Batesville Shell, SAI Petroleum Inc. dba New Point Food Mart, Does 1-10
Cause: Federal Trademark Infringement, False Designation of Origin and False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Mark J. Dinsmore

Complaint: 

Copyright lawsuit over movie script removed to Northern District of Indiana

06 Monday Nov 2017

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

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This lawsuit was removed from St. Joseph Circuit Court, Indiana, to the Northern District of Indiana, South Bend Division based on copyright preemption.

The Plaintiff alleges that he sent an original script and revisions to Defendant, which they used to create and sell a motion picture.

Jones v. Brioche and Mayo, LLC

Court Case Number: 3:17-cv-00289
File Date: Friday, November 3, 2017
Plaintiff: William Jones
Plaintiff Counsel: Andrew B. Jones, Margaret Marnocha of Jones Law Office LLC
Defendant: Brioche and Mayo, LLC
Cause: Breach of Contract, Intentional Infliction of Emotional Distress, Unjust Enrichment
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Notice of Removal:

adidas sued for violating Jackie Robinson’s right of publicity

13 Thursday Jul 2017

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

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This lawsuit involves adidas’ alleged infringement of the right of publicity of deceased baseball player Jackie Robinson.

The plaintiff, CMG Worldwide Inc., headquartered in Indianapolis, Indiana, is the exclusive worldwide agent and representative for the estate of Jackie Robinson.

adidas allegedly, without authorization from Plaintiff, created and promoted merchandise based on the 70th anniversary of Jackie Robinson’s first appearance as a Brooklyn Dodger. The products were promoted heavily by adidas and sponsored athletes on April 15, 2017…”Jackie Robinson Day.”

Plaintiff asks for an injunction against further sales, recovery for damages suffered, disgorgment of all of adidas’ profits and attorneys’ fees and costs, so there’s a lot on the line for adidas. Stay tuned for updates.

CMG Worldwide, Inc. v. adidas AG et al.

Court Case Number: 1:17-cv-02356-TWP-DWL
File Date: Tuesday, July 11, 2017
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: adidas AG, adidas America, Inc.,  Does 1-10
Cause: False Endorsement, Unfair Competition, Violation of Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Deception
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Complaint:

 

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

10 Wednesday May 2017

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

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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:

Super 8 sues Past Franchisee for Violation of Franchise Agreement, Unauthorized Transfer of Hotel

27 Tuesday Dec 2016

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

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The Defendants in this lawsuit are alleged to have transferred possession of their “Super 8”-franchised hotel (located in Auburn, Indiana) in violation of the terms of their Franchise Agreement.

The new owner, also named as a defendant, has continued to use Plaintiff’s trademarks despite termination of the Franchise Agreement in July 2014.

As is customary for franchise violations, a lawsuit often must be filed to protect not only the Plaintiff and its trademarks, but also the rights of the rest of its valid franchisees. Allowing unauthorized franchises to exist without repercussions can undermine the rights of valid paying franchise holders.

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Super 8 Worldwide Inc. v. Auburn Lodging Associates LLP et al

Court Case Number: 1:16-cv-00435-PPS-SLC
File Date: Thursday, December 22, 2016
Plaintiff: Super 8 Worldwide Inc.
Plaintiff Counsel: Richard M. Blaiklock, Charles R. Whybrew of Lewis Wagner, LLP
Defendant: Auburn Lodging Associates, LLP, Kokila Patel, Dilip Patel, Chicago Capital Holdings, LLC
Cause: Trademark Infringement (Service Mark Infringement), False Designation of Origin, Counterfeiting, Indiana State Trademark Infringement, Indiana State Unfair Competition, Accounting, Liquidated Damages, Actual Damages, Recurring Fees, Unjust Enrichment, Guarantors’ Liability, Self-Help
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

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

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Pursuant to an agreement, Plaintiff created and applied artwork to a limited number of Defendant’s boats.

Defendant is alleged to have continued selling boats with substantially similar artwork outside the terms of the original license.

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Court Case Number: 3:16-cv-00595-JVB-JEM
File Date: Tuesday, September 6, 2016
Plaintiff: The Art Of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Pontoon Boat, LLC d/b/a Bennington and Bennington Marine, Hawkeye Boat Sales
Cause: Breach of Contract, Unjust Enrichment, Copyright Infringement, Unfair Competition, Inducing Copyright Infringement, Violations of DMCA
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

Exhibit A:

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Coach sues Knox, Indiana Convenience Store over Counterfeit Purses

05 Tuesday Apr 2016

Posted by in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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The Defendants in this lawsuit, the owners of a convenience store located in Knox, Indiana, are accused of selling counterfeit Coach merchandise. The counterfeit purses were observed for sale in the store on multiple occasions by a Coach investigator and Homeland Security Investigations officer.

Selling counterfeit merchandise is, not surprisingly, a big no-no and Coach takes its intellectual property very seriously, hence this lawsuit containing trademark, copyright and trade dress claims.

Stay tuned for updates.

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Coach, Inc. et al v. Zip Thru Mart et al

Court Case Number: 3:2016-cv-00209-JD-CAN
File Date: Monday, April 4, 2016
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: P. Russell Pardew of Locke Lord LLP
Defendant: Zip Thru Mart, Charles Estok, Sr., Janice Estok
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin, False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Christopher A. Nuechterlein

Complaint: