Tags
Cancellation, Common Law Trademark Infringement, Common Law Unfair Competition, Damon R. Leichty, Federal Trademark Infringement, Michael G. Gotsch, Unfair Competition and Deceptive Trademark Practices, Violation of the Federal Anticybersquatting Consumer Protection Act
A Shipshewana, Indiana-based chiropractor has been operating under the name Legacy Chiropractic since March 2018.
41 miles away, in Warsaw, Indiana, another chiropractor began operating as Legacy Family Chiropractic around March 2020. Prior to opening, the Warsaw chiropractor’s wife had allegedly inquired about purchasing the rights to the name. There was no agreement to sell the name per the Complaint (below), but the Warsaw chiropractor still proceeded with a “Legacy” name.
After 4 years of coexistence, perhaps not always peaceful, a federal trademark application was filed by the Shipshewana chiropractor on July 29, 2024. On the same morning, an Indiana state trademark registration was applied for and obtained by the Warsaw chiropractor, quickly resulting in a few weeks of back-and-forth attorney communications and now a lawsuit in the Northern District of Indiana.
Stay tuned for updates.
Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC
Court Case Number: 3:24-cv-00668-DRL-MGG
File Date: August 9, 2024
Plaintiff: Legacy Chiropractic, LLC
Plaintiff Counsel: D. Randall Brown, Michael E. Wever of Barnes & Thornburg LLP
Defendant: Legacy Family Chiropractic LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Anti-Cybersquatting, Unfair Competition and Deceptive Trademark Practices, Cancellation of Indiana State Trademark Registration
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.
Complaint:
Indiana Intellectual Property Blog 