Articles Posted in Unfair Competition

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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 South Bend, Indiana – Trademark lawyers for Group Force Capital, LLC of Aventura, FL, filed a lawsuit alleging Virtuoso Distillers, LLC of Mishawaka, IN, infringed Trademark Registration No. 3,791,405 for the mark L’CHAIM, as registered by the U.S. Trademark Officein connection with specific types of alcoholic beverages. Group Force creates and distributes alcoholic beverages, including a line of Kosher ones which are sold under the asserted mark. It is alleged that the defendant later applied to federally register the mark L’CHAIM VODKA in the same class of goods and displays a bottle of the beverage at the Web sitewww.lchaimvodka.com. TheU.S. Trademark Officerefused defendant’s trademark application, and defendant has since petitioned to cancel the plaintiff’s registration, alleging a priority of use. Plaintiff Group Force, by its complaint, alleges trademark infringement, unfair competition, and a violation of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
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 New Albany, Indiana – Trademark lawyers for Aire Serv Heating & Air Conditioning, Inc. of Waco, TX, have filed a lawsuit alleging Air Serv of Louisville of New Albany, IN, is infringing the following five trademarks registered with the U.S. Trademark Office: Trademark Registration No. 1,818,574 for the mark AIRE SERV in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No.1,890,475for the mark AIRE SERV in connection with residential and commercial oil, electric, gas, coal and propane heaters and air conditioners and replacement parts for same; Trademark Registration No. 1,927,783 for an AIRE SERV design mark in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No. 2,763,655 for the mark AIRE SERV in connection with energy-saving thermostats, HVAC services, duct cleaning, and inspection services; and Trademark Registration No. 3,578,721 for an AIRE SERV HEATING & AIR CONDITIONING design mark in connection with services similar to the ‘655 registration.
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Hammond, Indiana – Trademark counsel for Trans-United, Inc. of Burns Harbor, IN, have filed a lawsuit alleging Trans-United, Inc. of Miami, FL, and its apparent directors infringed Trademark Registration No. 3,567,262 for the mark TRANS-UNITED, as registered with the U.S. Trademark Office for various moving and transport services.

The plaintiff claims to provide “industrial and specialty moving and transport services” throughout the United States and that the defendants have provided moving services throughout the country under the names TRANS-UNITED and/or TRANS-UNITED INC. Plaintiff further claims it received complaints from the defendants’ disgruntled customers and that the defendants registered the Internet domain name transunitedinc.com. Accordingly, causes of action in the complaint include federal trademark infringement and false designation of origin under the Lanham Act, a violation of the Anti-Cybersquatting Consumer Protection Act at 15 U.S.C. § 1125(d), and common law unfair competition.
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South Bend, Indiana – Trademark lawyers for 1A Smart Start, Inc. of Irving, TX, have filed a lawsuit alleging Indiana Safe Start Inc. and Thomas Bjornstad, both of Elkhart, IN, have infringed, among other things, Trademark Reg. No. 2,170,846 for the mark SMART START, which has been registered with the U.S. Patent and Trademark Office in connection with “electronic breath activated ignition lock for automobiles.”

Allegedly, the defendant Bjornstad previously contacted the plaintiff’s franchisee in Indiana and expressed an interest in becoming a franchisee himself, but subsequently began using the mark SAFE START in connection with products similar to those of the plaintiff. In addition to trademark infringement under the federal Lanham Act, additional causes of action allege false designation of origin and unfair competition.
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Fort Wayne, Indiana – Trademark lawyers for Sweetwater Sound, Inc. of Fort Wayne, IN, filed a lawsuit alleging J2 Electronics Group, Ltd. d/b/a Audiolines.com of Chicago infringed Trademark Registration No. 3,652,215 for the mark SWEETWATER, as registered with the U.S. Trademark Office in connection with, among other things, audio recording equipment and online retail store services.

Both parties are in the business of selling “audio recording and reproduction equipment, musical instruments and accessories.” The plaintiff asserts in its complaint that the defendant has misappropriated the registered trademark and is using it in connection with the sale of musical recording products and on its Web site.

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