Indiana Intellectual Property Law News
Indianapolis; IN – Trademark lawyers for Coach Inc. of New York, New York filed a trademark and copyright infringement suit in the Southern District of Indianaalleging Kristy Davidson d/b/a Kristy’s Trends of Greenfield, Indiana infringed the Coach’s
registered trademarks and copyrights, including the copyrighted works known as the “Coach Design Elements” including the SIGNATURE C DESIGNS, Registration No. VAu1-046658, COACH 70th ANNIVERSARY SNAPHEAD PRINT Registration No. VA1-010-918, and COACH CLOVER DESIGN, which have been registered by the US Copyright Office, and approximately fifty trademarks that have been registered by the US Trademark Office.
The complaint alleges that Ms. Davidson is designed, distributed, sold, promoted and offered for sale products that bear the Coach marks and copyrights without authorization from Coach. Essentially, Coach claims the Ms. Davidson is offering counterfeit Coach products for sale. The complaint alleges that on November 7, 2011, a Coach Representative visited Kristy’s Trends in Greenfield, Indiana and purchased a handbag bearing the Coach marks, but that was not an authentic Coach handbag. The complaint alleges that the representative saw 20 additional handbags, six wallets, and a pair of boots bearing the Coach marks that was offered for sale. The complaint states that Coach’s trademark attorneys sent a cease and desist letter to Ms. Davidson thereafter. In response, Ms. Davidson surrendered handbags, wallets, sunglasses and boots bearing the Coach marks.
The complaint makes claims of copyright infringement, trademark infringement, trade dress infringement, false designation of origin, false advertising, trademark dilution, unfair competition, forgery and counterfeiting. Coach seeks an injunction, damages of $2,000,000 per counterfeit mark, actual and punitive damages, costs and attorney fees.
Practice Tip: Coach has been very aggressive in protecting its intellectual property rights in Indiana courts in the last year. Coach’s intellectual property attorneys have filed eight similar lawsuits in Indiana courts, which Indiana Intellectual Property Law and News has blogged and that are linked below.
Decision: Novelty
https://www.scribd.com/fullscreen/72269943?access_key=key-eubg59yhtu87mfwleq9 (11/9/11)
Original Complaint Coach v Novelty
https://www.scribd.com/fullscreen/46204454?access_key=key-7kfg2wi18e3a52yty3p (05/18/10)
Decision: Tom’s Treasure Chest
https://www.scribd.com/fullscreen/67895239?access_key=key-1tc9b082ayxqphqj3c72 (10/8/11)
J&JS Petroleum
https://www.scribd.com/fullscreen/66859352?access_key=key-23y002oi18wovplg2gug (9/29/11)
Coach v. Lyn-Maree
https://www.scribd.com/fullscreen/59937915?access_key=key-2ngpctv9v6xhcta2jwlz (6/16/11)
Coach v. Diva’s House of Styles
https://www.scribd.com/fullscreen/59937792?access_key=key-a62d68ypvhedpagjn3m (6/16/11)
Coach v. Angela Mauller
https://www.scribd.com/fullscreen/53344186?access_key=key-uwcstkhnkjfjiegl9do (4/14/11)
Coach v. Chaos of Muncie
https://www.scribd.com/fullscreen/53344355?access_key=key-28zc01gk3uw09b2qvo (4/14/11)
Coach v Accessory Closet
https://www.scribd.com/fullscreen/46260153?access_key=key-1n17r6fli6h9lvf2ur8m (1/4/11)
Coach v Diggz Clothing LLC
https://www.scribd.com/fullscreen/46260003?access_key=key-2cnlitzka2etp2paddvu (12/15/10)
This case has been assigned to Judge Philip P Simon and Magistrate Christopher A Nuechterlein in the Northern District of Indiana, and assigned Case No. 3:2011cv00468.
This case has been assigned to Tanya Walton Prattand Debra McVicker Lynchin the Southern District of Indianaand assigned Case No. 1:2011cv01695.CoachIncvDavidsonComplaint
Further Information about the case is as follows:Filed: December 22, 2011 as 1:2011cv01695 Updated: December 29, 2011 02:31:21 Plaintiffs: COACH SERVICES, INC. and COACH, INC.Defendant: KRISTY A. DAVIDSONPresiding Judge: Tanya Walton PrattReferring Judge: Debra McVicker LynchCause Of Action: Copyright InfringementCourt: Seventh Circuit > Indiana > Southern District Court
Type:Intellectual Property > Trademark