Articles Posted in Unfair Competition

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Indianapolis, Indiana – Plaintiffs Acushnet Company of Fairhaven, Massachusetts, Roger Cleveland Golf Company, Inc. of Huntington Beach, California and Dunlop Sports Co. Ltd. of Hyogo, Japan filed a trademark lawsuit in the Southern District of Indiana.  This intellectual property litigation, commenced by an Indiana trademark litigator for Plaintiffs, was filed against both an individual and a business entity.

Listed as Defendants in this lawsuit are Giorgio Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, an individual, and Custom Golf Solutions, LLC, individually and jointly, doing business under the names “bogie’s nearly new golf,” “gnunns81” and “golfcustomsolutions15.”  Defendants operate in Indianapolis and Carmel, Indiana.

Defendants are accused of engaging in the sale of counterfeit products and infringing upon Plaintiffs’ trademarks.  The following trademarks, to which Acushnet claims ownership and/or an exclusive license, are at issue:

Trademark Registration No. Registration Date Class/Goods
 Tiltleist 1,155,766 26 May 1981 IC 28: golf equipment, namely golf balls, golf clubs and golf bags.
 T 3,376,961 5 February 2008 IC 24: golf towels

IC 25: golf clothing, namely jackets, shirts, hats and visors.

IC 28: golf equipment, namely golf putters, golf club head covers, golf club grips and divot tools.
 crown 2,620,432 17 September 2002 IC 28: golf clubs and accessories, namely golf tees, golf gloves, golf bags, golf putters, golf drivers, golf woods, golf irons, golf green repair tools, golf club covers and golf bag covers.
 ScottCameron 3,421,373 6 May 2008 IC 28: golf equipment, namely golf bags.

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Evansville, Indiana – Richard Litov of Evansville, Indiana sued Freedom Heritage Museum, Inc., of Evansville, Indiana alleging trademark infringement.  Litov asserts claims under both federal and Indiana law.Freedom

Litov claims that he conceived the idea for the museum – a collection of exhibits and artifacts from the World War II era – as well as the museum’s name, stating that he served as its founding president and a founding board member.  He asserts that the museum used the trademarked name pursuant to permission that he granted “as president and board member” of the museum.

The trademark in question has been registered under Litov’s name as U.S. Trademark Registration No. 4,939,292.  Litov states in his complaint that the registration covers the words FREEDOM HERITAGE MUSEUM and an associated design.  The word portion of the trademark, as listed by the U.S. Patent and Trademark Office’s website, is FREEDOM HERITAGE MUSEUM, EST. 2012, EVANSVILLE INDIANA.  The application for the trademark registration was filed on July 6, 2015 and granted on April 19, 2016.

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Indianapolis, Indiana – Klipsch Group, Inc. of Indianapolis, Indiana filed a trademark infringement lawsuit in the Southern District of Indiana.  It alleges infringement of several trademarks protecting the Klipsch® mark.

Listed as sole Defendant in this lawsuit is Robert Pignari of Costa Mesa, California, who does business as Main St. Electronics.  Pignari also maintains an Amazon.com presence under the name “Audio Video Sales Guy.”

Klipsch accuses Defendant Pignari, who is not an authorized Klipsch distributor, of selling Klipsch products without its permission.  Pignari is further accused of removing the correct serial numbers from the shipping boxes of the Klipsch products he sells and replacing them with fake serial numbers.  Because Klipsch voids a product’s warranty in such cases, Pignari’s customers have purchased Klipsch products advertised as “brand new” but which carry no warranty from Klipsch.

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Indianapolis, Indiana – Plaintiff Heartland Consumer Products LLC of Carmel, Indiana filed an intellectual property lawsuit in the Southern District of Indiana alleging trademark and trade dress infringement, trademark dilution and unfair competition under the Lanham Act, as well as related wrongdoing under the Indiana State Trademark Act, the common law of the State of Indiana and the Indiana Crime Victims Act.  The intellectual property at issue pertains to Splenda®, a Heartland trademark under which it offers sucralose, a low-calorie sweetener.

Defendants in the litigation are Dunkin’ Brands, Inc. and Dunkin’ Donuts Franchised Restaurants LLC Untitled-1-300x102of Canton, Massachusetts.  They are accused of “deceiving customers into believing the Dunkin’ Donuts restaurants carry Splenda® Brand Sweetener,” by both tacitly and affirmatively misrepresenting that the non-Splenda sucralose product that the Dunkin’ Defendants offer is, in fact, Heartland’s Splenda.  Plaintiff contends that consumers were confused about whether the sweetener that the Dunkin’ Defendants offered was Splenda and that some have complained that adding the other sweetener to their Dunkin’ Donuts products imparted a “funny taste.”

Defendants discontinued their agreement to purchase and offer Heartland’s Splenda in April 2016.  According to the Indiana complaint, following that decision, Defendants began offering sweetener in yellow packets similar to the single-serving packets in which Splenda is offered to the public.  Plaintiff contends that, when asked, Defendants in a “clear majority of stores affirmatively represented, through their agents or employees, that non-Splenda® sucralose sweetener was instead Splenda® Brand Sweetener.”  Plaintiff further contends that Dunkin’ Defendants are misappropriating Plaintiff’s trademarked “Sweet Swaps®” by the use of a similar term “Smart Swaps.”

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Indianapolis, Indiana – Plaintiff Delicato Vineyards of Manteca, California filed a lawsuit in the Southern District of Indiana alleging trademark infringement and other wrongdoing. Defendant is Gnarly Grove Cider Co. of Columbus, Indiana.

Plaintiff Delicato claims ownership to two trademarks, U.S. Trademark Registration No. 3165707 for GNARLY HEAD, and U.S. Trademark Registration No. 4777145 for a design trademark. It offers Gnarly Head wine products for sale using these trademarks.

Defendant Gnarly Grove recently launched Gnarly Grove hard cider. Plaintiff contends that both the name and the trade dress of this product are confusingly similar to its Gnarly Head wine. It asserts that the similarities appear to be an intentional effort on the part of Defendant to capitalize on the reputation of the GNARLY HEAD brand.

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In this lawsuit, filed by Indiana trademark attorneys for Delicato, the following causes of action are alleged:

• Registered Trademark and Trade Dress Infringement -15 U.S.C. § 1114(1)
• False Designation of Origin -15 U.S.C. § 1125(a)

• Common Law Unfair Competition

Plaintiff is seeking equitable relief, damages, costs and attorneys’ fees.

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Untitled-1-300x194Indianapolis, Indiana – Trademark attorneys for Plaintiff The American Automobile Association, Inc. (“AAA”) filed a trademark lawsuit in the Southern District of Indiana. Two Bloomington Defendants are named, AAA Automotive Parts and the company’s owner. Defendants also do business as AAA Automotive & Truck Parts, and  d/b/a AAA Automotive Parts.

AAA, a not-for-profit corporation, offers “travel and automobile products and services (including automobile repair services at its AAA Car Care Centers and through AAA Approved automobile repair businesses), financial advice, insurance and warranty coverage, and discounts.”

Defendants own and run a website, TRIPLEAPARTS.COM, on which they advertise automobile-related goods and services. Defendants also have brick-and-mortar shops in Indianapolis and Griffith, Indiana as well as locations in Missouri and Florida.

In this Indiana trademark lawsuit, lawyers for AAA listed the following causes of action:

• Count I: Federal Trademark Infringement in Violation of Section 32 of the Lanham Act
• Count II: Federal False Designation of Origin and Unfair Competition in Violation of Section 43(a) of the Lanham Act
• Count III: Federal Trademark Dilution in Violation of Section 43(c) of the Lanham Act
• Count IV: Cybersquatting Under Section 43(d) of the Lanham Act
• Count V: Trademark Dilution Under Ind. Code § 24-2-1-13.5
• Count VI: Trademark Infringement Under Ind. Code § 24-2-1-13

• Count VII: Unfair Competition and Trademark Infringement Under Common Law

AAA, which claims ownership to over 100 trademarks, contends that the following trademarks are at issue in this lawsuit:

Reg. No. 829,265

AAA Mark, used in connection with a
variety of automobile association services and emergency roadside services

Reg. No. 2,158,654

AAA & Design Mark, used in
connection with a variety of automobile association services and emergency roadside
services

Reg. No. 3,316,227

AAA & Design Mark, used in
connection with “[i]ndicating membership in a(n) automobile membership
club”

Reg. No. 1,168,790

TRIPLE A Mark, used in connection
with a variety of automobile association services

Reg. No. 3,046,904

AAA Mark, used in connection with
repair services

Reg. No. 3,046,905

AAA & Design Mark, used in
connection with repair services

Reg. No. 3,102,319

AAA & Design Mark, used in
connection with vehicle parts

Reg. No. 5,036,379

AAA Mark & Design, used in
connection with a variety of automobile association services and emergency
roadside services

Reg. No. 1,449,079

AAA APPROVED AUTO REPAIR & Design
Mark, used in connection with automobile repair services

Reg. No. 3,604,164

AAA TOTAL REPAIR CARE Mark, used in connection
with auto diagnosis and repair services

 

AAA seeks damages and asks that those damages be trebled pursuant to 15 U.S.C. § 1117 and Indiana law. It also seeks equitable relief, costs and attorneys’ fees.

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South Bend, Indiana – Patent lawyers for Plaintiff Swagway, LLC of South Bend, Indiana sued Defendants Hangzhou Chic Intelligent Technology Co., Ltd. (“Chic”) of Hangzhou, People’s Republic of China, Jansco Marketing, Inc. of Pembroke, Massachusetts and COKeM International, Ltd. of Shakopee, Minnesota.

Swagway and Chic both sell self-balancing two-wheeled boards, also known as “hoverboards,” in the U.S. market. The two companies had an intellectual property dispute, with Chic alleging that Swagway infringed two of its patents. This dispute allegedly included letters sent by Chic that appeared to threaten Swagway’s business partners with litigation if they sold Swagway products that Chic alleged were infringing. Swagway also contends that Chic delayed Swagway’s goods by falsely alleging infringement to Chinese customs officials. It also states that Chic later issued a press release falsely stating that Swagway’s goods had been seized as infringing. When the dispute persisted, Chic sued Swagway in the Northern District of California on allegations that Swagway had infringed U.S. Patent No. 9,376,155 and U.S. Design Patent No. D737,723.

Swagway responded in part by filing a second federal lawsuit in the Northern District of Indiana. In its Indiana complaint, it accuses Chic and its agents, including Jansco and COKeM, of having made “numerous false and misleading statements” to Swagway’s retailers and customers regarding Swagway, its hoverboards, as well as the patent rights that Chic alleged in the California litigation. Plaintiff contends that “Defendants made these statements for the sole purpose of causing harm to Swagway’s business and preventing fair competition.” Swagway also contends that Chic withheld material information from the U.S. Patent and Trademark Office and that, consequently, the registration of several patents was improper.

In its Indiana lawsuit, patent attorneys for Plaintiff assert the following claims:

• Count I: Unfair Competition under the Lanham Act
• Count II: Unfair Competition under Indiana State Law
• Count III: Tortious Interference with Business Relationships

• Count IV: Defamation

Plaintiff has requested damages of no less than $30 million and also includes a prayer for punitive damages. Plaintiff further seeks equitable relief as well as reimbursement of costs and attorneys’ fees.

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Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana sued in the Southern District of Indiana alleging that Defendant Cindy Cherf of Carmel, Indiana committed copyright infringement.

Cherf, an Indiana real estate agent, is accused of publishing an unlicensed copy of Bell’s copyrighted “Indianapolis Nighttime Photo.” Bell, who is both a copyright attorney and a professional photographer, registered the photo in 2011 with the U.S. Copyright Office under Registration No. VA0001785115.

This lawsuit contends that the publication of the photo constitutes both copyright infringement and unfair competition. Bell also claims that Cherf disparaged him by falsely claiming that she owned the copyrights of all images on the website, including his photo.

Stating that the infringement was willful, Bell asks the federal court for the maximum statutory damages along with injunctive relief, costs and attorneys’ fees.

Practice Tip: Bell has filed numerous lawsuits in Indiana federal courts alleging copyright infringement. See:

• Limousine Service Sued for Copyright Infringement
• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – Copyright attorney, professional photographer and frequent litigant Richard Bell of McCordsville, Indiana filed the latest in a string of Indiana lawsuits asserting copyright infringement.

This litigation, commenced in the Southern District of Indiana, alleges that Defendant A1 Luxury Limousine of South Florida, Inc. of Boynton Beach, Florida infringed Bell’s rights in a copyrighted photograph by using the photo on the company’s website without having purchased a license from Bell.

The photo, titled “Indianapolis Nighttime Photo,” has been registered with the U.S. Copyright Office under Registration No. VA0001785115. It was taken in 2000 and registered in 2011.

Bell lists claims of copyright infringement and unfair competition against A1. As with most or all of Bell’s other Indiana lawsuits claiming infringement of his “Indianapolis Nighttime Photo” or his “Indianapolis Photo,” this complaint further alleges that infringement is being willfully engaged in “with oppression, fraud, and malice.”

Bell asks the court for injunctive relief, statutory damages, costs and attorneys’ fees.

Practice Tip: We have blogged about Bell’s Indiana copyright litigation in previous posts. See:

• Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana, a copyright lawyer and professional photographer, sued Defendant Hornberger Imports, Inc. of Beech Grove, Indiana in the Southern District of Indiana for copyright infringement.

As with most or all of Bell’s recent Indiana copyright litigation, this lawsuit pertains to works that have been registered with the U.S. Copyright Office under Reg. No. VA0001785115. This registration covers two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo.”

In this lawsuit, Bell contends that Defendant Hornberger infringed his copyright in the “Indianapolis Nighttime Photo” by publishing the photo on Hornberger’s website at www.hornbergerimports.com sometime in 2016 without having purchased a license to do so. Bell’s complaint states that Defendant “continue [sic] infringing conduct which has caused and is causing substantial and irreparable injury and damage to Plaintiff…and, unless, restrained, will cause further irreparable injury.” The complaint further contends that the alleged ongoing infringement is being willfully engaged in “with oppression, fraud, and malice.”

In addition to copyright infringement, a claim of unfair competition is included. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

Practice Tip #1: Hornberger Imports appears to have ceased operations in February 2015.

Practice Tip #2: Bell is a prolific copyright litigant. We have blogged about his copyright litigation in the past. See:

• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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