Indiana Intellectual Property Law News
Indianapolis, Indiana – Apparently, ADESA, Inc. and its wholly owned subsidiary Autoniq, LLC, the Plaintiffs, are in the business of remarketing vehicles through the internet and at auction. ADESA claims to be the owner of U.S. Trademark Registration Nos. 1,783,137, 2,504,410, and 2,930,226 (the “ADESA Marks”). Autoniq claims to own U.S. Trademark Registration No. 4,502,642 (the “Autoniq Mark”).
According to the Complaint, Laser Appraiser, LLC, the Defendant, is in the business of providing used car dealership management software to wholesalers and dealerships via a mobile and desktop application. ADESA claims Laser Appraiser previously licensed the use of certain data (“Run Lists”), marks, and logos from ADESA pursuant to a License Agreement. The License Agreement was apparently terminated on or about December 31, 2018. However, ADESA claims Laser Appraiser continued to display current Run Lists it either misappropriated or illegitimately procured from third parties. When ADESA discovered this use, it claims it requested for Laser Appraiser to remove the allegedly infringing marks and Run Lists from its website.
Autoniq claims Laser Appraiser purchased online keyword search advertisements on Google that resulted in sponsored ads that used the Autoniq Mark without Autoniq’s permission. It further claims that Laser Appraiser posted a comparison post on its webpage between the two companies that contained allegedly false statements. Therefore, Autoniq sent a cease and desist letter to Laser Appraiser for its alleged use of the Autoniq Mark.
Plaintiffs are seeking damages for federal trademark infringement, unfair competition, false designation of origin, and false advertising under the Lanham Act (15 U.S.C. §§ 1117 and 1125). Further, Plaintiffs are claiming Laser Appraiser committed common law unfair competition and violated Indiana’s Crime Victim’s Relief Act (I.C. § 35-24-3-1 et seq.).
The case was assigned to District Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore in the Southern District and assigned Case No. 1:20-cv-02433-RLY-MJD.