Indiana State Law

April 4, 2023

115+ Year Old Jewelry Store Sues Competition for Trademark Infringement

Crown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc. (“Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. § 1125(a)(1)(A), Indiana Common Law Trademark Infringement in violation of Ind. Code § 24-2-1-13.5 and Common Law Unfair Competition.

According to the complaint, Albert’s was established in 1905 in a tiny storefront in East Chicago, Indiana. They have grown to one of the largest and most successful family-owned jewelers in the entire country.

Cullen Wulf took over ownership of AaLand Diamond Jewelers in mid-2015, per their website. They tout to be the go-to-store for Northwest Indiana residence looking for custom jewelry, diamond engagement rings, and jewelry repairs. They also proclaim to be Northwest Indiana’s trusted gold & diamond buyer.

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.

March 17, 2023

Alleged Deceptive Practices Result in Award Going to Wrong Business

By Overhauser Law Offices, LLC

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.

December 5, 2022

RV Manufacturer Sues Former Employees for Conversion & Trade Dress Infringement

By Overhauser Law Offices, LLC

Elkhart, Indiana – Phoenix USA RV, Inc., (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States.

In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper. Many of the employees became unhappy with the direction of the company under new ownership. They left the company and started Hoosier Custom Cruisers LLC.

According to the complaint, the Defendants, used trade secrets and other information to design and build a directly competing product.

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.

April 6, 2018

Indiana Trademark Litigation: Arizona Bathroom Company Sues Indiana Franchisee

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Re-Bath, LLC, of Phoenix, Arizona originally filed suit in the Marion Superior Court alleging that Defendants, Alternative Construction Concepts, LTD. d/b/a Re-Bath Designs of Indianapolis, of Indianapolis, Indiana, Steven O’Reilley of Indianapolis, Indiana, and Deborah O’Reilley of Indianapolis, Indiana of infringing trademark rights. Plaintiff is seeking a temporary restraining order, preliminary and permanent injunction and all other just and proper relief.

Defendant is a franchisee of Plaintiff’s Phoenix-based business. As part of the franchise agreement, Plaintiff allowed Defendant to use its trademarks, goodwill, concepts, operating systems, confidential information, method of operation and technical expertise and know-how to operate a bathroom remodeling business.

March 21, 2018

Italian-Based Luxury Eyewear Manufacturer Files Suit Against Indiana Businesses Alleging Infringement of Rayban Trademark

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Luxottica Group S.p.A of Mason, Ohio and Oakley, Inc., of Foothill Ranch, California filed suit in the Southern District of Indiana alleging that Defendants, Avni Petroleum, Inc. d/b/a Delaware BP of Osgood, Indiana, Pari, Inc. d/b/a Batesville Food Mart of Batesville, Indiana, Rani Petroleum, Inc. d/b/a Batesville Shell, and Sai Petroleum Inc. d/b/a New Point Food Mart of New Point, Indiana infringed its rights in United States Trademark Registration Nos. 650,499, 1,093,658, 1,726,955, 1,080,886, 1,490,305, 2,718,485, 1,320,460, and 3,522,603 all with the Owner of Luxottica Group S.p.A. Oakley, Inc., is the owner of Trademark Registration Nos. 1,521,599, 1,984,501, 1,990,262, 3,331,124, and 3,365,728. Plaintiff is seeking injunctive relief, judgment including statutory damages and attorneys’ fees.

Luxottica is an Italian-based corporation that manufacturers and sells luxury eyewear under the “Ray-Ban” trademark. Oakley is a subsidiary of Luxottica that also produces high-end eyewear under the “Oakley” name.

January 12, 2018

Indiana Trademark Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Impact Networking, LLC, of Hammond, and Indianapolis, Indiana filed suit in the Northern District of Indiana alleging that Defendants, Impact Solutions, LLC, of Fishers, Indiana infringed its rights on the United States Trademark registration numbers 2425077 and 2428340. Plaintiff is seeking judgment against Impact Solutions, damages, attorney fees, and costs.

Plaintiff has been in business since 1999, offering IT services. Plaintiff registered two trademarks for its brand, one protecting the word mark “Impact Networking,” and one protecting the company’s logo, which includes the company’s name. According to the complaint, Defendant is also an IT services provider, operating in the same geographic location. Plaintiff alleges that Defendant’s similar name causes consumer confusion and suggests an affiliation between the two companies. Although Plaintiff’s principal place of business is in Illinois, they have offices in Hammond, Indiana and Indianapolis, Indiana, and do business throughout Indiana. According to the complaint, the two companies are direct competitors in the same geographic area.

October 26, 2017

Indiana Man Arrested for “Offense Against Intellectual Property” of Call of Duty Games

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Dshay Towles was charged with theft and “offense against intellectual property” for selling on eBay stolen copies of Call of Duty: WWII, which is scheduled to be released on November 3, 2017.

According to FOX59, the games were stolen from the Sony DADC facility in Terre Haute, where the company manufactures and distributes Blu-Rays, CDs, and DVDs. The games were later found on eBay, having been posted by Towles for roughly $45 per copy.

April 10, 2017

Indiana Trademark Litigation: IHOP and Applebee’s Sued on Allegations of Infringement of Splenda Trademarks

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Heartland Consumer Products LLC and TC Heartland LLC, of Carmel, Indiana filed suit in the Southern District of Indiana alleging trademark and trade dress infringement, dilution and unfair competition under the Lanham Act, the Indiana State Trademark Act, and the common law of the State of Indiana.

At issue are trademarks covering Splenda®-brand sweetener, which has been approved for use in over 80 countries and used in more than 4000 products globally. In this Indiana litigation, Heartland claims that some or all of the following trademarks have been infringed: 1544079, 3346910; 4172135, 4165028, 4301712, 4172136, 4165029,4122311, 4187229, 4202774, 4230392, 4238101, 4106164, 4664653, and 4744600. These trademarks have been registered with the U.S. Patent and Trademark Office. In addition, Heartland claims ownership of the following pending applications for United States Trademark Registration Serial Nos. 86865337, 87012521, and 87010504.

Defendants in the lawsuit are DineEquity, Inc., Applebee’s Franchisor LLC, Applebee’s Restaurants LLC, Applebee’s Services, Inc., International House of Pancakes, LLC f/k/a International House of Pancakes, Inc., IHOP Franchising LLC, IHOP Franchise Company, LLC and IHOP Franchisor LLC. Plaintiff asserts that all Defendants have a principal place of business in Glendale, California. They are accused of leading customers to believe that they offer Splenda-brand sweetener when they do not. Plaintiff contends that instead of American-made Splenda, the product offered to the customers is, in fact, “a lower-quality product of China.”

Indiana trademark attorneys for Heartland sued in federal court. They assert:

Count I: Common Law Trademark Infringement and Trademark Infringement under 15 U.S.C. § 1114(1)
Count II: False Designation of Origin under 15 U.S.C. § 1125(a)
Count III: Unfair Competition
Count IV: Trademark Dilution under 15 U.S.C. § 1125(c)
Count V: Trademark Dilution under I.C. 24-2-1-13.5
Count VII [sic]: Preliminary and Permanent Injunctive Relief
Count VIII: Corrective Advertising Damages

Plaintiff asks the court for injunctive relief, costs and attorneys’ fees. They also seek various types of damages, including actual, statutory, punitive and treble damages.