Indiana Trademark Litigation: Indiana ATV Manufacturer ASW, LLC Sues Canada Company Over Trademarks

Fort Wayne, Indiana – Attorneys for Plaintiff, ASW, LLC of Columbia City, Indiana filed suit in the Northern District of Indiana alleging that Defendant, Frederick Bisson, of Edmonton, Alberta, Canada infringed its rights in United States Trademark Registration Numbers 3,556,429 for “American SportWorks”, and 5,138,550 for “American LandMaster”. Plaintiff is seeking damages, attorneys’ fees, costs and disbursements, pre-judgment and post-judgment interest, and all other relief just and proper.

Plaintiff is an Indiana-based manufacturer of recreational off-road vehicles, ATVs, UTVs, and go-karts. According to the complaint, Defendant is a Canadian citizen and the owner of the website www.americansportworksparts.com.

Plaintiff owns the registrations for the trademarks “American SportWorks” and “American LandMaster.” According to the complaint, Defendant’s website competes with Plaintiff’s business in selling similar parts for the same types of vehicles, targeted at similar customers. Plaintiff claims that on Defendant’s website, Defendant sells products under the names “American SportWorks” and “American LandMaster.” Plaintiff claims that Defendant is selling these products without authorization to use these names.

Plaintiff has alleged trademark infringement based on the unauthorized use of the marks, federal unfair competition, false designation of origin, common law trademark infringement, common law unfair competition, and common law passing off.

The case was assigned to Chief Judge Theresa Lazar Springmann and Magistrate Judge Paul Cherry in the Northern District and assigned Case 1:18-cv-00086-TLS-PRC.

ASW-v-Bisson-Complaint