Articles Posted in Unfair Competition

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Indianapolis, IN –

A trademark attorney for Noble Roman’s, an Indianapolis-based pizza maker, has filed a trademark infringement lawsuit against Brabham Oil, a South Carolina corporation. The compliant, filed by Noble Roman’s lawyer, alleges that Brabham Oil formerly operated seven Noble Roman’s franchise locations. According to the complaint, Brabham continued to use Noble Roman’s trade dress, specifically the Warmer Wrap Trade Dress, after the franchise agreements terminated. The attorney for Noble Romans claims that Brabham Oil has violated the terms of the franchise agreements. The complaint makes claims of trademark infringement, under the Lanham Act, 15 U.S.C. § 1125(a) and the common law as well as unfair competition, citing 15 U.S.C. § 1125, and breach of the franchise contracts. Noble Romans seeks an injunction and damages. This case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Debra McVicker Lynch of the Southern District of Indiana, and assigned case no. 1:11-cv-00135-SEB-DML.

Practice Tip: When a franchise agreement terminates, typically the franchisee must promptly cease using and return all signs and other equipment containing trademarks. Failure to do so may result in a lawsuit for breach of contract as well as trademark infringement. Noble Roman’s has been particularly aggressive in enforcing franchise agreements. Since 2007 it has filed the following suits in the Southern District of Indiana:

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Fort Wayne, IN -Trademark lawyers for Osmundson Mfg. Co. of Perry, IA have filed a trademark infringement suit against CFC Distributors, Inc., of Wabash County, IN for infringement of the mark TURBO, which has been registered by the US Trademark Office. The plaintiff claims that the defendant is selling similar products and is using the trademark in connection with the sale of its products. This case has been assigned to Judge Rudy Lozano and Magistrate Judge Roger Cosbey of the Northern District of Indiana, and assigned case no. 1:10-cv-00021-RL-RBC.

Because Overhauser Law Offices, the publisher of this blog represents a party in this case, a commentary about this case is not provided.

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Lafayette, IN – Trademark lawyers for Coach, Inc. of New York, NY, and Coach Services, Inc. of Jacksonville, FL filed a trademark infringement suit alleging Diggz Clothing, LLC and Lori Harth of Lafayette, IN infringed various Coach trademark registrations which are registered with the US Trademark Office. Coach had sued Diggz in March 2010, then settled the suit for $6,500, and an agreement to stop selling “Accused Products.” However, the latest suit alleges that Diggz breached the settlement agreement, and re-asserts a variety of trademark, copyright, trade dress and unfair competition related claims.

Coach files many infringement suits, and a list of their earlier suits in Indiana in 2010 is at the end of this posting.
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Indianapolis, Indiana – Trademark infringement litigation attorneys for Travellers’ Joy, Inc. of Wilmingon, Delaware has filed an infringement suit against Haycco, LLC of California in the Southern District of Indiana.

The complaint alleges infringement of US registration nos. 3,560,502 and 3,718,357, which are for stylized logos of the word TRAVELLER’S JOY for gift registration services. The plaintiff operates the website www.travelersjoy.com and defendant runs http://joyhoneymoon.com. The complaint also alleges trademark dilution and unfair competition.

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New Albany, Indiana – By counsel, CNH America, LLC of Racine, WI, has filed a trademark infringement suit against Davis Equipment Sales & Service, Inc. of Salem, IN, alleging infringement and dilution of the NEW HOLLAND mark and logo, which have been registered by the U.S. Trademark Office, and unfair competition.

The plaintiff manufactures agricultural products and related equipment, while the defendant served as an authorized dealer of those products. The complaint alleges that the defendant, following termination of the dealer agreement, has not complied with its obligation to remove all signs and advertising displays bearing the asserted trademarks, thereby infringing the Lanham Act and Indiana state unfair competition and dilution laws.
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Fort Wayne, Indiana – Patent lawyers for Romary Associates, Inc. of Fort Wayne, IN, filed a lawsuit alleging that Kibbi LLC d/b/a Renegade Custom Coaches and Trailers, McKibbin Enterprises, Inc., and Kibbi Incorporated, all of Bristol, IN, have infringed Patent No. 7,475,809, MOBILE BANKING VEHICLE, as issued by the U.S. Patent Office. Additional counts allege federal unfair competition, breach of contract, tortious interference with a business relationship, and misappropriation of trade secrets under state law.

Factually, the complaint alleges that, subsequent to the execution of a non-disclosure agreement, Romary disclosed its “mobile banking concepts and designs,” including a prototype, to the defendants. Afterwards, the defendants are said to have commenced selling their own mobile banking units, with the sales going to intended or potential Romary customers.

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Indianapolis, Indiana – Intellectual property counsel for Top Ten Imports, LLC of Indianapolis, IN, filed a trademark and copyright infringement suit against BMX Imports, L.P. of Farmers Branch, TX. Specifically, the plaintiff Top Ten alleges that the defendant has infringed Top Ten’s space heater trade dress as well as Trademark Reg. No. 3,654,284 for the mark IHEATER, registered with the U.S. Trademark Officein connection with electric space heaters, and copyrighted works protected under Application No. 1-501133071 and Application No. 1-501353066, both of which have been registered by the U.S. Copyright Officeand are directed to ornamental heater design.

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Fort Wayne, Indiana – Intellectual property lawyers for Hydraulic Marine Systems, Inc. of Deland, FL, have filed a lawsuit alleging Mid-America Foundation Supply, Inc. d/b/a Poseiden Barge Corp. of Fort Wayne, IN, has infringed copyrights and trade dress as well as violated federal and state unfair competition laws.

In the filing, the plaintiff and defendant are said to have discussed the possibility of the defendant becoming an authorized distributor of plaintiff’s barge thrusters, with no such relationship being formed and the defendant ultimately purchasing such thrusters from the plaintiff. Subsequently, the defendant is alleged to have developed its own thruster using the plaintiff’s product as a template for infringing non-functional features. It is claimed that the defendant also copied the plaintiff’s instructions, which are registered with the U.S. Copyright Office, verbatim in addition to reproducing photographs and illustrations created by the plaintiff. The defendant then allegedly displayed its product at trade shows, with any information identifying the plaintiff having been removed.
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South Bend, Indiana – As part of a continuing dispute, intellectual property counsel for Forest River, Inc.of Elkhart, IN, has filed a lawsuit accusing Heartland Recreational Vehicles, LLC of Elkhart, IN, of unfair competition, interference with contractual relations, and violating the Computer Fraud and Abuse Act, among other claims.

The plaintiff, Forest River, manufactures and sells recreational vehicles (RVs) to dealers, who in turn sell the RVs to consumers, and has begun staging a private trade show in Elkhart. Defendant Heartland is a direct competitor. Allegedly, Heartland improperly obtained, through personal contact and mutual connections, Forest Park’s list of trade show guests, dealers said to be potential Forest River customers, and related proprietary information.

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New Albany, Indiana – Trademark attorneys for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging Designer Fragrance & Gifts of Jeffersonville, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint alleges infringement of copyrights which have been registered with the U.S. Copyright Office . Coach also alleges that its products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition, according to the complaint.

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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
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