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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: William T. Lawrence

BioSweep vs. BioClean…are you confused?

01 Tuesday May 2018

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

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Tags

Breach of Franchise Agreement, Common Law Trademark Infringement, Conspiracy, Contributory Trademark Infringement, Debra McVicker Lynch, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, William T. Lawrence

The Defendants in this lawsuit are accused of violating the non-compete provisions of a terminated Franchise Agreement, as well as operating the competing business with a confusingly similar trademark, BioClean vs. the Plaintiff’s registered BioSweep trademark.

The Defendants allegedly also still claim to use Plaintiff’s “BioSweep System” equipment on their website, creating a false impression of a relationship with Plaintiff, and reference their competing company as “BioSweep of the Gulf Coast” in at least one instance.

Stay tuned for updates.

Phocatox Technologies, LLC v. Wiersig et al.

Court Case Number: 1:18-cv-01298-WTL-DML
File Date: Friday, April 27, 2018
Plaintiff: Phocatox Technologies, LLC
Plaintiff Counsel: Bryan S. Redding, Britton A. Jared of Redding Law, LLC
Defendants: Jerry D. Wiersig, Todd M. Hoffman, BioClean Remediation, LLC (AL), and BioClean Remediation, LLC (OK)
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Contributory Trademark Infringement, Breach of Franchise Agreement, Conspiracy, Federal Unfair Competition, State Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Oakley sues So. Indiana Gas Stations over Counterfeit Eyewear

26 Monday Feb 2018

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, False Designation of Origin and False Advertising, Federal Trademark Infringement, Mark J. Dinsmore, Unjust Enrichment, William T. Lawrence

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: 

View this document on Scribd

Miami (OH) Student Apartments sued over ANNEX Trademark

21 Wednesday Sep 2016

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

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Common Law Unfair Competition, Mark J. Dinsmore, Trademark Infringement, Unfair Competition, Violation of Ohio Deceptive Trade Practices Act, William T. Lawrence

Since 2013, Plaintiff has used the trademark THE ANNEX in connection with nine student housing facilities in three states. Seven of the student housing facilities are in Indiana and one is in Marion, Ohio (one hour north of Columbus). Plaintiff has no trademark registration.

Defendant recently built a student housing facility in Oxford, Ohio (home of the Miami University RedHawks) called, you guessed it, Annex.

With plans to expand to other college towns, Plaintiff maintains that Defendant’s use of a similar name will cause consumer confusion. Unable to resolve their dispute with cease-and-desist communications, Plaintiff has filed this lawsuit to assert its rights to THE ANNEX in the Midwest.

Whether they wind up being called “Annex” or not, the new Oxford apartments should do fine. A nice pool and allegedly the largest clubhouse in Oxford. Looking at their Facebook page though, it will be a big shame to lose of all the cool Annex swag. They even have an “Annex”-branded shuttle bus. Based on Plaintiff’s dependence on common law rights and Defendant’s already substantial investment, I could see the Oxford team putting up a strong defense.

Stay tuned for updates.

screen-shot-2016-09-21-at-6-53-25-am

Mecca Companies Inc. d/b/a Annex Student Living v. Trinitas Ventures LLC

Court Case Number: 1:16-cv-02499-WTL-MJD
File Date: Tuesday, September 20, 2016
Plaintiff: 
Mecca Companies Inc. d/b/a Annex Student Living
Plaintiff Counsel:
Bradley M. Stohry of Reichel Story LLP
Defendant: Trinitas Ventures
Cause: Trademark Infringement, Unfair Competition, Violation of Ohio Deceptive Trade Practices Act, Common Law Unfair Competition
Court:
 Southern District of Indiana
Judge: 
William T. Lawrence
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

Today’s Richard Bell copyright targets…community development consulting firm, importer of European vacuum products, hospitality management company

24 Tuesday May 2016

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

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Tags

Debra McVicker Lynch, Photography, Richard Bell, Tanya Walton Pratt, William T. Lawrence

Indy skyline photographer Richard Bell has filed three additional copyright infringement lawsuits, this time against a community development consulting firm, an importer of European vacuum products and a hospitality management company.

Use the “Richard Bell” tag at left to view his other litigation.

Screen Shot 2016-05-16 at 4.10.54 PM

Court Case Number: 1:16-cv-01256-TWP-DML
File Date:
 Saturday, May 21, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Progressive Urban Management Associates
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge:
Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:16-cv-01257-WTL-DML
File Date:
 Saturday, May 21, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Vacuforce, LLC
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
William T. Lawrence
Referred To: 
Debra McVicker Lynch

Court Case Number: 1:16-cv-01260-WTL-DML
File Date:
 Monday, May 23, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Alliance Hospitality Management, LLC
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: William T. Lawrence
Referred To: 
Debra McVicker Lynch

Representative Complaint:

View this document on Scribd

Today’s Richard Bell copyright targets…wholesale insurance brokerage, IT company and judgment enforcement agency

19 Thursday May 2016

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

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Tags

Debra McVicker Lynch, Denise K. LaRue, Larry J. McKinney, Mark J. Dinsmore, Photography, Richard Bell, Sarah Evans Barker, William T. Lawrence

Skyline photographer Richard Bell has filed three additional copyright infringement lawsuits, this time against a wholesale insurance brokerage, an IT company and a judgment enforcement agency.

Use the “Richard Bell” tag at left to view his other litigation.

Screen Shot 2016-05-16 at 4.10.54 PM

Court Case Number: 1:16-cv-01211-SEB-DML
File Date:
Monday, May 16, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Knapp, Judgment Recovery of Indiana
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Sarah Evans Barker
Referred To: 
Debra McVicker Lynch

Court Case Number: 1:16-cv-01225-WTL-DKL
File Date:
 Wednesday, May 18, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: Future Technology Solutions, LLC
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
William T. Lawrence
Referred To: 
Denise K. LaRue

Court Case Number: 
File Date:
 Wednesday, May 18, 2016
Plaintiff: 
Richard N. Bell
Plaintiff Counsel: 
Richard N. Bell of Bell Law Firm
Defendant: AmWINS Group Inc.
Cause: Copyright Infringement, Unfair Competition
Court: 
Southern District of Indiana
Judge: 
Larry J. McKinney
Referred To: 
Mark J. Dinsmore

Representative Complaint:

View this document on Scribd
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