Indiana Intellectual Property Law News
Indianapolis, Indiana – The American Automobile Association, Inc. (“AAA”), the Plaintiff, is a not-for-profit, non-stock Connecticut Corporation. AAA provides approximately 60 million members with products and services throughout the United States and Canada. The products and services include automobile repair services at its AAA Car Care Centers and through AAA Approved auto repair businesses, financial advice, insurance and warranty coverage, and discounts. AAA provides its products and services through local AAA member clubs, including AAA Hoosier Motor Club. Since as early as 1902, AAA has uses more than 150 trademarks in connection with automobile-related products and services offered to its members.
According to the Complaint, in or around November 2021, AAA learned that the Defendants, All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair and Laverne Pflugh (“AAA Hail Repair”), were advertising goods and services, including automobile-related repair services that compete directly with those offered by AAA, under the AAA Hail Repair name. AAA made numerous attempts to contact the Defendants requesting that they discontinue use of the AAA marks. Defendants have continued to use the AAA Hail Repair business name and the AAA-HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM domain names, including in connection with internet advertising for their business.
Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. § 1114. Plaintiff also claims Defendants’ actions amount to unfair competition, false designation of origin, Cybersquatting and Federal Trademark Dilution in violation of 15 U.S.C. § 1125 and Indiana Trademark Infringement, Trademark Dilution and Unfair Competition in violation of Ind. Code § 24-2-1-13. Plaintiff is requesting injunctions, damages, treble damages, ill-gotten profits, reasonable attorneys’ fees, statutory damages, and the costs of the suit.
The case was assigned to Judge James Patrick Hanlon and Magistrate Judge Mark J. Dinsmore in the Southern District of Indiana and assigned Case No. 1:22-cv-00568-JPH-MJD