Indiana Intellectual Property Law News
Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC, filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for participating in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.
Roller Ready, LLC is a company that manufactures and sells rollers for various purposes, including painting, cleaning, and home improvement projects. Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers. The founders developed a new product that would allow users to clean paint rollers quickly and easily. The product, called the Roller Ready System, is a self-contained unit that allows users to clean paint rollers with a minimal amount of water and effort.
Monkey Rung is a product development company that is marketed by LA Systems, LLC which is owned and operated by Paul Kiley.
According to the Complaint, Paul Kiley entered The Roller Ready as a Monkey Rung product in the 2021 National Hardware Show, where it was awarded a Retailers’ Choice Award. Due to being improperly registered as a Monkey Rung product and not a Roller Ready, LLC product, all of the recognitions affiliated with this award (hardware retailing web site, plaque and magazine) were granted to Monkey Run and not to Roller Ready, LLC. Monkey Rung has not only received false recognition, but continues to improperly proclaim to be an Award Winner of the Retailers’ Choice Award on their website, which then directs customers to purchase the competing Monkey Rung product The Spin PRO.
Roller Ready claims that it has invested significant time, effort and money in building its brand and creating a positive reputation in the market. The Plaintiff alleges that the Defendants have engaged in false marketing practices that have caused confusion among customers and damaged the reputation of the Plaintiff’s brand.
Accordingly, the Plaintiff is requesting an entry of a judgment, compensatory, treble and punitive damages together with costs, expenses and reasonable attorney fees.
The case was assigned to Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Fort Wayne Division of the Northern District of Indiana and assigned Case No. 1:23-cv-0068-HAB-SLC.