Trademark Infringement

October 4, 2024

Battle of the Peaks: Forest River, Inc. vs. Sharpline Converting, Inc. in Trademark Infringement Case

Plaintiff Forest River, Inc. has filed a lawsuit against Defendant Sharpline Converting, Inc. over claims of willful trademark infringement. Forest River, a leading manufacturer in the recreational vehicle (RV) industry, argues that Sharpline’s partnership with inTech Trailers, Inc., a direct competitor, has significantly harmed its brand identity and reputation.

Founded in 1996, Forest River is well-known for producing high-quality RVs, including travel trailers and cargo trailers. In a Previous Lawsuit, the company was awarded $5.56 million in damages after a federal court found that inTech Trailers had willfully infringed on Forest River’s trademarks—specifically the DELLA TERRA mark and the unique Forest River Mountain logo. The situation is compounded by the fact that both companies target the same customer base and utilize similar dealership networks, making it easier for consumers to become confused.

Sharpline operates a manufacturing facility in Elkhart, Indiana, where it provides design and branding services to inTech. Forest River contends that Sharpline willfully and knowingly contributed to inTech’s infringing activities while designing, creating, and manufacturing the “Terra” and new mountain design graphics for inTech’s infringing Terra Travel trailers. Forest River further claims that the relationship between Sharpline and inTech has led to market confusion, undermining the significant investment Forest River has made in marketing its products.

September 27, 2024

A Mountain of Damages: Court Awards Forest River Over $7 Million in Trademark Infringement Case

By Overhauser Law Offices, LLC

On September 19, 2024, Judge Damon R. Leichty in the United States District Court of Northern Indiana granted Forest River, Inc. enhanced damages after a September 2023 jury found that inTech Trailers, Inc. infringed on its mountain design trademarks for recreational vehicles.

In 2021, Forest River, Inc., a major RV manufacturer, sued inTech for violating two of its trademarks- DELLA TERRA and the mountain design logo. In September 2023, a jury unanimously ruled in favor of Forest River, awarding $2 million and determining that willful infringement had occurred.

Forest River requested enhanced damages because InTech’s infringement was willful. The Court began its decision by quoting a famous case in which a trademark registration for THIRST-AID was found to be infringed by the slogan “Gatorade is thirst aid”:

September 13, 2024

Walking the Legal Line: Hot Girl Walk vs. Hot Walk Indy in Trademark Dispute

By Overhauser Law Offices, LLC

Mia Lind, the plaintiff and creator of the Delaware brand “Hot Girl Walk,” filed a lawsuit against Casey Springer, accusing Springer of infringing on her trademark with a local version of the concept called “Hot Girl Walk Indianapolis.” Lind’s “Hot Girl Walk,” which originated during the pandemic, is a women’s-only mental health walk that has been trademarked and commercialized through merchandise and sponsorships.

Inspired by Lind, Springer launched a similar initiative in Indianapolis. Initially called “Hot Girl Walk Indy,” it was later rebranded as “Hot Walk Indy.” Lind’s lawsuit alleges trademark infringement, business disparagement, and defamation.

Springer contended that her initiative was distinct and non-commercial, designed as a free community event. She argued that Lind’s trademark protects specific brand elements but does not cover the broader concept of a group walk.

August 9, 2024

Fighting for the Max: Nutramax Battles Alleged Trademark Violations

By Overhauser Law Offices, LLC

Lancaster, South Carolina – Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (collectively known as “Nutramax”) have filed suit against Indiana company, Abumayyaleh Bros, LLC. The Plaintiffs allege multiple intellectual property violations including trademark infringement, unfair competition, and tortious interference with contractual relationships.

According to the complaint, Nutramax contends that Abumayyaleh Bros, LLC is reselling Nutramax products, specifically their Proviable®-DC Digestive Health Supplement Capsules, on Amazon without authorization. The Plaintiffs are concerned that the products bear Nutramax’s well-known trademarks, such as PROVIABLE and NUTRAMAX LABORATORIES, but do not adhere to the stringent storage, distribution, and customer support standards set by Nutramax for its authorized resellers.

Nutramax asserts that the defendants’ unauthorized use of their trademarks constitutes a trademark infringement violation of Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)). By selling products under the Nutramax Marks without authorization, the Plaintiffs claim the defendants are causing consumer confusion regarding the source and authenticity of the products.

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.

April 26, 2024

Indy’s Dive into Legal Waters: FullBeauty Brands, Inc. Faces Trademark Lawsuit over Swimwear

By Overhauser Law Offices, LLC

Indianapolis, Indiana – FullBeauty Brands Inc. has been accused of trademark infringement in a lawsuit filed by Pennsylvania-based Global Trademarks Inc. The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors.

Global Trademarks, operating under the umbrella of Swim USA, claims ownership of swimwear designs and brands like MIRACLESUIT® and SWIM SOLUTIONS ®. Swim USA asserts that it has diligently pursued protection for its intellectual property through design patents and trademark registrations.

Swim USA’s lawsuit alleges that FullBeauty Brands engaged in unauthorized, commercial activities which include the manufacture, distribution, and sale of swimwear that infringes upon Global Trademark’s intellectual property rights. Specifically, the defendants are accused of replicating patented swimsuit designs and unlawfully using the SWIM SOLUTIONS® trademark.

April 19, 2024

Print Pressures: Fort Wayne Printing vs. Allen & Goel Marketing

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Plaintiff Optical Tactics, LLC, operating as Fort Wayne Printing Company, has filed a trademark infringement complaint under the Lanham Act, 15 U.S.C. §§ 1051, et seq., against Allen & Goel Marketing Company. The complaint alleges that Allen & Goel Marketing Company has infringed upon Fort Wayne Printing Company’s rights to the mark “FORT WAYNE.”

According to court documents, Fort Wayne Printing Company, established in 1902, has built a strong reputation and extensive goodwill associated with its “FORT WAYNE” mark in the printing services market in northeast Indiana. It has invested resources in promoting its services under this mark, making it distinctive and valuable. Fort Wayne Printing Company asserts that Allen & Goel Marketing Company, based in Pennsylvania, operates a website offering printing services targeted at northeast Indiana consumers and uses the “FORT WAYNE” mark without disclosing its location or lack of physical presence in Fort Wayne, Indiana. This association with the established mark owned by Fort Wayne Printing Company is seen by the Plaintiffs as misleading and infringing on their exclusive rights to use the mark in the region. The complaint argues that Allen & Goel Marketing Company’s actions are violating Fort Wayne Printing Company’s rights and diluting the meaning of the “FORT WAYNE” mark in the local printing market.

Fort Wayne Publishing Company is seeking permanent injunctive relief, monetary damages, disgorgement of profits, and any other relief the Court deems just and proper.

April 1, 2024

Protecting the Peaks: Forest River Secures $2 Million Verdict in Trademark Suit

By Overhauser Law Offices, LLC

Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.

The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.

Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement. Despite these warnings, inTech persisted, leading to the initiation of legal proceedings.

March 11, 2024

Red Hex Rivalry: Valcrum Hubcaps vs. Dexter’s Fortress

By Overhauser Law Offices, LLC

In Cyprus, Texas, Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

According to court documents, Valcrum has developed a reputation for innovative hubcaps designed for 8,000-16,000-pound trailer axles. These hubcaps are identified by their distinct features, including a “signature red hex bezel with a hexagonal outer perimeter and an inner diameter.” Valcrum claims to have begun establishing trademark and trade dress rights for this design as early as late 2018.

The dispute arises from Valcrum’s allegation that Dexter, a manufacturer and distributor of axle and trailer accessories, has copied Valcrum’s hubcap design, including the distinctive red hex bezel, to market its own product called the “Fortress” hubcap. Additionally, Valcrum contends that Dexter breached a Mutual Nondisclosure Agreement (NDA) by allegedly using confidential information, such as Valcrum’s customer list, to its advantage.

March 8, 2024

Protecting Quality: Nutramax Laboratories Takes Legal Action Against Alleged Unauthorized Resale

By Overhauser Law Offices, LLC

Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (“Nutramax”) have recently begun legal proceedings against CNB Retailers, LLC, Brett Hart, and Christina Miller (“Defendants”) alleging unauthorized resale of Nutramax products. The suit involves allegations concerning trademark infringement, unfair competition, and interference with contractual agreements.

Nutramax Labs and Nutramax Vet, entities headquartered in South Carolina, are known for their development and distribution of health supplements tailored for companion animals. Court documents state that the trademarks associated with Nutramax, such as NUTRAMAX LABORATORIES and PROVIABLE, are widely recognized within the industry. Nutramax products are sold through authorized retailers which may have online or brick-and-mortar locations.

The crux of Nutramax’s grievance lies in Defendants’ purported unauthorized sales of Nutramax products, notably on Amazon.com, under the seller account name “UniversalExports.” In addition to the accused products bearing the NUTRAMAX LABORATORIES and PROVIABLE trademarks, Nutramax asserts that the products being distributed by Defendants differ materially from those authorized by Nutramax, thus failing to meet the requisite quality standards. These requirements include proper storage conditions to maintain product quality and providing customer support and knowledge about Nutramax products.