Indiana Intellectual Property Law News
South Bend, Indiana – Trademark lawyers for 1A Smart Start, Inc. of Irving, TX, have filed a lawsuit alleging Indiana Safe Start Inc. and Thomas Bjornstad, both of Elkhart, IN, have infringed, among other things, Trademark Reg. No. 2,170,846 for the mark SMART START, which has been registered with the U.S. Patent and Trademark Office in connection with “electronic breath activated ignition lock for automobiles.”
Allegedly, the defendant Bjornstad previously contacted the plaintiff’s franchisee in Indiana and expressed an interest in becoming a franchisee himself, but subsequently began using the mark SAFE START in connection with products similar to those of the plaintiff. In addition to trademark infringement under the federal Lanham Act, additional causes of action allege false designation of origin and unfair competition.
This case has been assigned to Judge Theresa Springmann and Magistrate Judge Christopher A. Nuechterlein in the Northern District of Indiana, and assigned case no. 3:10-cv-00292-TLS-CAN.
Practice Tip: The law imposes a duty on a franchisor to monitor the quality of the goods and/or services offered by a franchisee under the licensed trademark. Failing to control the quality of goods or services of a franchisee can result in loss of trademark rights.Complaint – 1A Smart Start v. Indiana Safe Start
Further information about the case is as follows:
Filed: July 16, 2010 as 3:2010cv00292 Updated: July 19, 2010 22:04:48
Plaintiff: 1A Smart Start Inc
Defendants: Indiana Safe Start Inc and Thomas Bjornstad
Presiding Judge: Theresa L Springmann
Referring Judge: Christopher A Nuechterlein
Cause Of Action: Trademark Infringement
Court: Seventh Circuit > Indiana > Northern District Court
Type: Intellectual Property > Trademark