Indiana Intellectual Property Law News
Indianapolis, Indiana – The Plaintiff, Delta Faucet Company (“Delta”), founded in 1954, known as “America’s Faucet Innovation Leader” filed suit against Amazon Storefront Owner Ben Watkins (“Watkins”) for Trademark Infringement under 15 U.S.C. §§ 1114, Unfair Competition under 15 U.S.C. 1125(a) and Common Law Trademark Infringement and Unfair Competition.
According to the complaint, Delta markets and sells high quality kitchen, bar, beverage, bathroom, and tub faucets; pot fillers; sink and counter accessories; showerheads; bathing products; towel bars and similar accessories. Delta allows its products to be purchased by end-user consumers in the United Sates only from Delta itself of from sellers who are expressly authorized by Delta to sell Delta Products (“Authorized Sellers”). Delta permits Authorized Sellers to sell Delta Products in approved channels only and requires Authorized Sellers to abide by agreements, policies, and other rules that impose requirements relating to quality controls, customer services, and other sales practices (collectively, the “Delta Rules”).
Delta has registered numerous trademarks with the United States Patent and Trademark Office including those listed in the table below:
Delta actively monitors the online sale of its products to mitigate risks to consumers and protect its reputation. During its monitoring, Delta discovered a significant number of its products being unlawfully sold on www.amazon.com (“Amazon”) by the Defendants, Ben Watkins and John Does 1-10 (whose identities Delta intends to discover and add to its Complaint). Despite Delta’s multiple cease and desist notices, the Defendants have persisted in selling Delta-branded products on their “Ben Watkins” Amazon storefront. Moreover, the Complaint highlights numerous one-star reviews for allegedly damaged or incomplete Delta products sold.
Due to the alleged harm of the sales of unauthorized products bearing the Delta Marks, Delta is seeking injunctive relief and enhanced damages for trademark infringement pursuant to 15 U.S.C. §§ 1116 and 1117(a). Also pursuant to the Lanham Act, 15 U.S.C. § 1125(a), Delta claims Defendants actions constitute unfair competition. Delta is further seeking damages for trademark infringement and unfair competition under Indiana common law. Finally, because Defendants have allegedly knowingly and willfully sold products represented as genuine Delta products when they are not, Delta claims Defendants have committed deception in violation of Indiana Crime Victim’s Relief Act, Ind. Code § 35-43-5-3.
Due to the alleged harm of the sales of unauthorized products bearing the Delta Marks, Delta is seeking injunctive relief and enhanced damages for trademark infringement pursuant to 15 U.S.C. §§ 1116 and 1117(a). Also pursuant to the Lanham Act, 15 U.S.C. § 1125(a), Delta claims Defendants actions constitute unfair competition. Delta is further seeking damages for trademark infringement and unfair competition under Indiana common law. Finally, because Defendants have allegedly knowingly and willfully sold products represented as genuine Delta products when they are not, Delta claims Defendants have committed deception in violation of Indiana Crime Victim’s Relief Act, Ind. Code § 35-43-5-3.
Delta seeks preliminary and permanent injunctions, a judgement against Defendants that includes but is not limited to compensatory, statutory, treble and liquidated damages, restitution, including disgorgement of profits, pre-judgment and post-judgment interest, attorneys’ fees, costs and expenses.
The case was assigned to Judge Jane E. Magnus-Stinson and Magistrate Judge M. Kendra Klump in the Indianapolis Division of the Southern District of Indiana and assigned Case No. 1:23-cv-00200-JMS-MKK.