Indiana Intellectual Property Law News
South Bend; IN – Trademark and copyright lawyers for Coach, Inc. and Coach Services, Inc. of New York, New York filed two trademark infringement lawsuits in the Northern District of Indiana.
In the first lawsuit, intellectual property attorneys have alleged that Diva’s House of Style and Elizabeth “Beth” Bond of Elkhart, Indiana infringed fifty-one marks that have been registered with the US Trademark Office. The complaint also alleges that Diva’s House and Ms. Bond infringed the copyrighted works LEGACY STRIPE and SIGNATURE C, which have been registered by the US Copyright Office. The complaint alleges that Diva House and Ms. Bond have been designing, manufacturing, and/or selling “studied imitations” of Coach products that bear the Coach trade marks, trade dress and copyrighted works. Coach alleges that Diva House and Ms. Bond advertised the knock-off products on Facebook. A Coach
representative used e-mail and phone to correspond with the defendants and purchased a purse from her. The representative then determined that the purse was not a genuine Coach purse and was a knock-off of inferior quality. The complaint makes claims of trademark counterfeiting, trademark infringement, trade dress infringement, false designation of origin and false advertising, trademark dilution, copyright infringement, common law trademark infringement, unfair competition, forgery and counterfeiting. This case has been assigned to Judge Jon E. DeGuilio and Magistrate Judge Christopher A. Nuechterlein in the Northern District of Indiana, and assigned Case No. 3:11-cv-00253-JD-CAN.
In the second lawsuit, intellectual property attorneys allege that Lyn-Maree’s LLC of Auburn, Indiana, and its owners, Emma Taylor and Lynn Siples, infringed fifty-one marks that have been registered with the US Trademark Office. The complaint also alleges that Lyn-Maree’s and its owners infringed the copyrighted works LEGACY STRIPE and SIGNATURE C, which have been registered by the US Copyright Office. The complaint states that a Coach representative purchased a hand bag, wallet and sunglasses labeled “Coach” at the Lyn Maree’s retail store. The items were examined by Coach and determined to be not genuine Coach items, but knock-off items of inferior quality. The complaint makes claims of trademark counterfeiting, trademark infringement, trade dress infringement, false designation of origin and false advertising, trademark dilution, copyright infringement, common law trademark infringement, unfair competition, forgery and counterfeiting.
Practice Tip: Coach has a reputation for vigorously defending their intellectual property. Coach filed two trademark lawsuits in the Northern District of Indiana in April of this year, which were reported on in Indiana Intellectual Property Law News. It seems that a Coach representative is monitoring businesses in the Northern District of Indiana and purchasing knock-off goods that then become the basis of these lawsuits.
This case has been assigned to Judge Theresa Springmann and Magistrate Judge Roger Cosbey in the Northern District of Indiana, and assigned Case No. 1:11-cv-00207-TLS-RBC.
Further Information about the first case is as follows:
Filed: June 16, 2011 as 3:2011cv00253 Updated: June 20, 2011 03:38:13
Plaintiffs: Coach Inc and Coach Services Inc
Defendants: Diva’s House of Style and Elizabeth Bond
Presiding Judge:Jon E DeGuilio
Referring Judge:Christopher A Nuechterlein
Cause Of Action: Trademark Infringement
Court:Seventh Circuit > Indiana > Northern District Court
Further Information about the second case is as follows:
Filed: June 15, 2011 as 1:2011cv00207 Updated: June 21, 2011 03:10:53
Plaintiffs: Coach Inc and Coach Services Inc
Defendants: Emma Taylor, Lyn-Maree’s LLC and Lynn Siples
Presiding Judge:Theresa L Springmann
Referring Judge:Roger B Cosbey
Cause Of Action: Trademark Infringement
Court:Seventh Circuit > Indiana > Northern District Court