False Designation of Origin

December 13, 2024

Identity Crisis: My Market, LLC Fights Batth Market’s Alleged Trademark Infringement

My Market, LLC, (Plaintiff) an Indiana-based convenience store operator, has initiated legal proceedings against Batth Markets, Inc. and Chhaterpal Singh (Defendants) for the unauthorized use of its trademarked business name. The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement, unfair competition, false designation of origin, and trademark dilution. My Market claims that Batth Markets’ use of the name “My Market” has caused confusion in the marketplace, posing a threat to the reputation My Market has built through years of branding and business development.

My Market, LLC has been operating as a convenience store in Fort Wayne, Indiana, and holds a federal trademark for the service mark “MY MARKET FISH · CHICKEN SANDWICHES · SHRIMP” (U.S. Trademark Registration No. 6,935,101), which was granted on December 27, 2022. This trademark is used to identify My Market’s services, particularly in the food industry. According to the complaint, on July 9, 2024, My Market’s counsel uncovered that Batth Markets had fraudulently obtained a Certificate of Assumed Business Name, allowing them to operate under the name “My Market” in Kingston, Indiana. This certificate was obtained through an allegedly forged letter, which gave Chhaterpal Singh permission to use the “My Market” name. The letter, purportedly signed by Mark owner, Mohammad A. Ghaffar, was neither authorized nor signed by him, and he claims no knowledge of it being filed.

The lawsuit claims that Batth Markets’ use of the “My Market” name infringes upon My Market’s federally registered trademark. My Market argues that the two businesses are highly similar in name, appearance, and the products they offer, including fried chicken, sandwiches, and other convenience store goods. This, according to the complaint, is likely to confuse customers into believing that Batth Markets is affiliated with or endorsed by My Market. The complaint further states that Batth Markets’ actions are deliberate and exploit My Market’s established goodwill, a claim supported by Batth Markets’ acknowledgment in the fraudulent letter that Ghaffar’s consent was needed to use the name. My Market also asserts that this confusion has resulted in financial harm, including lost sales and reputational damage.

July 12, 2024

Eli Lilly Cracks Down on Deceptive Practices: Lawsuits Filed Against Medical Spas and Wellness Centers Over Fake Tirzepatide Products

By Overhauser Law Offices, LLC

Eli Lilly and Company, a leader in pharmaceutical innovation for nearly 150 years, has filed legal complaints against more than six medical spas and wellness centers for selling products that claim to contain Tirzepatide, the active ingredient in its popular diabetes and weight loss medications, MOUNJARO® and ZEPBOUND®. The complaints allege multiple infringements under federal and state laws, aimed at safeguarding patients from deceptive practices surrounding the FDA-approved medications.

According to the suits, MOUNJARO® and ZEPBOUND ® were developed through rigorous clinical trials and FDA approval processes. However, Lilly claims that the drugs offered by the Defendants in the cases are compounded products—neither tested nor approved by the FDA.

The lawsuit contends that the Defendants have deliberately misled consumers by creating the false impression that their products are equivalent to Lilly’s MOUNJARO® and ZEPBOUND®. This deception is allegedly propagated through deceptive advertising, including the use of Lilly’s trademarks without authorization, and misleading claims about the safety and approval status of their compounded drugs.

October 27, 2023

Banjo Corporation Sues Green Leaf, Inc. Over Trademarked Yellow Handle

By Overhauser Law Offices, LLC

Crawfordsville, Indiana – Plaintiff, Banjo Corporation (formerly known as Terra-Knife and Terra-Products) is suing Fontanet, Indiana company, Green Leaf, Inc. (also known as TerreMax) for Trademark infringement under 15 U.S.C. § 1114(1), unfair competition, use of false designations of origin and false advertising under 15 U.S.C. § 1125(a); as well as infringement and unfair competition under Indiana common law.

According to the complaint, Banjo is a leading business in the development and sales of commercial, industrial, and agricultural products, and is most widely known for its valves that regulate the flow of liquids in hoses and pipes. It claims its customers identify these valves by their distinctive yellow handle that is sold on all 150 types of control valves that they sell. Court documents show that Banjo has received a Trademark registration (No. 6,600,065) for the Yellow Handle Design specifically for “liquid handling products for commercial, industrial and agricultural use, namely control valves for regulating the flow of liquids in hoses and pipes.”

The Plaintiff alleges that Green Leaf, who sells similar valves but with green handles, recently hired two Banjo employees, and has launched a new division of its company called, TerreMax, which is not only very close in name to Banjo’s previous company names, Terre Knife and Terre Products, but it has also begun selling a line of control valves that have handles in the exact shade of yellow that Banjo uses for their product. The complaint claims that Green Leaf is acting “in a deliberate effort to encourage false associations with Banjo,” through its name change, handle color, and advertisements which point customers away from Banjo and toward Green Leaf’s nearly identical product.

March 28, 2023

Fireworks Company Takes On Competitors For Stealing Their Spark

By Overhauser Law Offices, LLC

Muncie, Indiana – The Plaintiff, 1.4g Holdings, LLC (“1.4g”), filed suit against North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. § 1125 and Misappropriation of Commercial Properties Under Indiana Common Law.

1.4g Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘76 Pro Line. Per their website, ’76 Pro Line’s mission is to provide high quality 1.54g fireworks for hobbyists, enthusiasts, professional shooters, and display companies. ’76 Pro Line items have been featured in displays and product demonstrations at several annual events including Western Winter Blast, Pyrotechnics Guild International, Cobra-Con, and the National Fireworks Association Expo.

North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. (“NCI”) are companies that also produce and sell consumer fireworks. According to its website, NCI is a second-generation, family-owned direct importer and wholesaler of customer 1.4G fireworks. With over 68 years of experience, they serve every pyro need with two distribution points in Muncie, Indiana and Forest Park, Georgia.

February 23, 2023

Former Employees and their New Employer Sued Over Stolen Software

By Overhauser Law Offices, LLC

Evansville, Indiana – The Plaintiff, MaddenCo, Inc. (“MaddenCo”) filed suit against former employees, James Reed (“Reed”) and Dru Darby (“Darby”) along with their new employer HG Autotech LLC (“HG Autotech”) for Breach of Contract, Breach of Fiduciary Duties, Tortious Interference, Copyright Infringement, False Advertising, False Representations, False Designations of Origin, Reverse Passing Off and Unfair Competition.

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers. MaddenCo provides systems for retail, wholesale, commercial and retreading operations for independent tire dealers, and retail and commercial solutions for service centers for truck stops, with full integration to their own accounts payable and general ledger solutions. MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022.

December 2, 2022

Honest Abe Roofing Sues Franchisee for Violation of Agreements

By Overhauser Law Offices, LLC

Terre Haute, Indiana – The Plaintiff, Honest Abe Roofing Franchise, Inc. (“Honest Abe”), is an Indiana Corporation with its principal place of business in Terre Haute, Indiana. Honest Abe has been installing, repairing, and maintaining residential roofs since 2005. They have numerous locations in multiple states.

The Defendants, DCH & Associates, LLC, and Honest Abe Roofing of Macon Georgia, LLC, are Georgia Limited Liability Companies. Dameion Harris and Christine Harris are listed as residents of Dacula Georgia and are the sole members of both LLC’s.

July 28, 2022

Lafayette Interior Fashions Sues Competitor for Trademark Infringement

By Overhauser Law Offices, LLC

Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB) conducts business under the business name “Lafayette Interior Fashions” in West Lafayette, Indiana. LVB is in the business of designing, manufacturing and selling window treatments, blinds and shades. LVB has a federal trademark registration, with the USPTO, for the word mark GENESIS under Registration No. 3344243 in Class 20 for “window blinds, window shades, and venetian blinds.”

Defendants, Coulisse Distribution LLC and Coulisse Holding USA Inc. (“Coulisse”), are a Florida based company that sells Window Coverings and according to the Complaint sell a certain brand of window treatments and window components for their “Roller Blinds” product under the name “Genesis.” According to the Complaint, LVB has requested Coulisse cease and desist using the mark GENESIS on its products as it is likely to cause confusion with their products because the Infringing Marks are identical or nearly identical to their mark in sound, appearance and meaning.

July 21, 2022

Thrivent Sues for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Thrivent Financial for Lutherans (“Thrivent”), is a fraternal benefits society established in 1902 with over 2 million members and over $100 billion in assets under management or advisement. Thrivent and its licensees offer a wide variety of services and products to their members and customers under the THRIVENT Trademarks (listed below), including insurance and annuity products, financial and business advising, mutual funds and investments, individual retirement accounts, trust accounts, financial advisory services, banking and credit union services, lending services, and debit and credit card services.

June 29, 2022

AAA Sues Local Body Shop for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

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.

June 23, 2022

YouTube Celebrity “Omi in a Hellcat” Sued for Trademark Infringement

By Overhauser Law Offices, LLC

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. NuStar was granted a registration for its mark RELOADED® under Registration No. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania.

According to the Complaint, NuStar learned that Bill Omar Carrasquillo, a rapper and YouTube celebrity known as “Omi in a Hellcat,” intended to start an apparel company under the brand name RELOADED. NuStar sought to work out a licensing arrangement with Mr. Carrasquillo’s agent. These efforts fell apart in late 2019.