Tag Archives: William G. Hussmann

Indiana Trademark Litigation Update – CNH America v. Davis Equipment Sales & Service

23 Tuesday Nov 2010

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

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CNH America, LLC v. Davis Equipment Sales & Service, Inc.

Plaintiff CNH has sold agricultural products under the NEW HOLLAND marks since 1957. Defendant was previously an authorized reseller, but continues to use Plaintiff’s marks after termination of the license arrangement. Further evidence that it makes sense to spend some extra time up front drafting a concise trademark license rather than resort to litigation on the back end.

Court Case Number: 4:10-cv-00141-RLY-WGH
File Date: Tuesday, November 09, 2010
Plaintiff: CNH America, LLC
Plaintiff Counsel: Catherine A. Nestrick of Bamberger Foreman Oswald & Hahn
Defendant: Davis Equipment Sales & Service, Inc.
Cause: Trademark Infringement, Unfair Competition, Dilution
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

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 Trademark Litigation Update – Coach, Inc. v. TJ’s Handbags

28 Tuesday Sep 2010

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

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Coach, Inc. et al v. TJ’s Handbags

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Scottsburg, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Related case: Coach Inc. v. Tom’s Treasure Chest

Leave a comment if you’d like a full copy of the complaint.

Court Case Number: 4:10-cv-00111-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: TJ’s Handbags & More, Teresa A. Jewell
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Trademark Litigation Update – Coach, Inc. v. Designer Fragrance

27 Monday Sep 2010

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

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Coach, Inc. et al v. Designer Fragrance & Gifts et al

Coach makes handbags, wallets, etc. . Defendant is accused of selling knockoffs from a retail store in Jeffersonville, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Leave a comment for a full copy of the complaint.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00112-TWP-WGH
File Date: Wednesday, September 22, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Designer Fragrance & Gifts, Loretta M. Beckner
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge William G. Hussmann, Jr

Indiana Trademark Litigation Update – Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

13 Monday Sep 2010

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

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Aire Serv Heating & Air Conditioning, Inc. v. Mark Niemann

Plaintiff is franchisor of the AIRE SERV trademark for “installation, maintenance and repair of heating and air-conditioning equipment.” Defendant originally was a technician for Plaintiff but allegedly began providing service to personal clients under the name “Air Serv of Louisville,” without accounting to Plaintiff for any franchise fees.

Please leave a comment for a full copy of the Complaint.

Court Case Number: 4:10-cv-00101-RLY-WGH
File Date: Wednesday, September 01, 2010
Plaintiff: Aire Serv Heating & Air Conditioning, Inc.
Plaintiff Counsel: Richard A. Bierly of McNeely, Stephenson, Thopy & Harrold
Defendant: Mark Niemann
Cause: Federal Trademark Infringement, Federal Unfair Competition,
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr