Articles Posted in 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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Indianapolis, Indiana – Trademark lawyers for Allison Transmission, Inc., of Indianapolis, IN, have filed a complaint alleging Harlan Global Manufacturing, LLC, of Kansas City, KS, is infringing various trademarks incorporating the terms ALLISON and ALLISON TRANSMISSION(R) in connection with transmissions, including Trademark Registration Nos. 2,686,798; 2,615,428; 2,625,008; 1,666,977; and 1,624,473 which are registered with the U.S. Trademark Office.

The defendant is an OEM manufacturer of tractors who allegedly is using the ALLISON marks in its advertising despite not having any relationship with plaintiff. The complaint sets forth causes of action for trademark infringement, false designation of origin, counterfeiting, dilution, and unfair competition.
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Indianapolis, Indiana – Intellectual property attorneys for Masco Corporation of Indiana d/b/a Delta Faucet Company of Indianapolis, IN, have filed a lawsuit alleging Watermark Designs, Ltd.of Brooklyn, NY, has infringed both Patent No. 6,962,168, titled CAPACITIVE TOUCH ON/OFF CONTROL FOR AN AUTOMATIC RESIDENTIAL FAUCET and issued by the U.S. Patent Office, and Trademark Registration No. 3,676,837 for the mark TOUCH20, as registered with the U.S. Trademark Office in connection with plumbing products, namely, faucets.

In its complaint, Delta Faucet asserts that Watermark, without a license or any other authorization, is making, using, selling, or offering for sale, faucets that embody the inventions claimed in the ‘168 patent and marketing those products under a confusingly-similar TOUCH27 mark. With regard to the trademark, the plaintiff also brings causes of action for false designation of origin, false advertising, and unfair competition.
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 Indianapolis, Indiana – Copyright lawyers for The Saturday Evening Post Society, Inc. and Curtis Publishing, Inc., both of Indianapolis, IN, have initiated litigation alleging Hungry Howie’s Pizza & Subs, Inc. of Madison Heights, MI, has infringed the copyrighted Norman Rockwell painting FREEDOM FROM WANT, as registered by the U.S. Copyright Office under Copyright Reg. No. 576656 and Reg. No. R 500883.
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Lafayette, Indiana – Trademark lawyers for Diggz Clothing LLC of Lafayette, IN, filed a lawsuit alleging Digz Clothing, Inc. of Crawfordsville, IN, and its principals have infringed the DIGGZ CLOTHING trademark for retail store services in the field of clothing and accessories and unfairly competed in the marketplace.

Both Plaintiff and Defendants are in the retail store business, selling new and used clothing. The plaintiff claims extensive use of its trademark since 2008 and, already holding an Indiana state trademark registration, has filed Trademark Application Serial No. 85053495 with the U.S. Trademark Office to protect its mark as used in interstate commerce.
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Indianapolis, Indiana – Intellectual property counsel for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Novelty, Inc. of Greenfield, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products.
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Indianapolis, Indiana – Trademark lawyers for Intex Recreation Corp. of Long Beach, CA, filed a complaint alleging General Foam Plastics Corp. of Norfolk, VA, infringed the following trademarks registered with the U.S. Trademark Office: Trademark Registration No. 2,385,605 for the mark SNAPSET in connection with play swimming pools and Trademark Registration No. 2,825,743 for the mark SWIM CENTER in connection with non-metal swimming pools.

The complaint states that, like the plaintiff, the defendant advertises and sells swimming pools and “related aquatic products” and subsequently started doing so under the marks SNAP SET and SWIM CENTER. The causes of action raised are trademark infringement and unfair competition, with injury allegedly occurring in the Southern District of Indiana.
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 Indianapolis, Indiana – Copyright lawyers for Keystone Builders Resource Group, Inc., and Keystone-Indianapolis, LLC, both of Indianapolis, have filed a lawsuit alleging that Princeton Group, Inc., Princeton Homes, Inc., and their manager Greg Allen, all of Greenwood, IN, as well as Irma Jobst and Trent Bunch, both of Indianapolis, infringed an architectural work and technical drawings, titled THE BIRMINGHAM, which have been registered with the U.S. Copyright Office.
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Indianapolis, Indiana – Patent lawyers for Syndicate Sales, Inc. of Kokomo, IN, filed a patent declaratory judgment suit seeking a ruling that two design patents held by Garcia Group, Inc. of Atlanta, GA, are not infringed and invalid. The challenged patents, as issued by the U.S. Patent Office, are U.S. Patent Nos. D614,530 and D614,531.

The defendant previously filed a lawsuit in federal court in Georgia against the plaintiff, alleging copyright infringement and unfair competition. In this case, the plaintiff seeks a ruling that the ‘530 and ‘531 design patents, which are directed to faceted vases, are not infringed under the “ordinary observer” test and are invalid due to the defendant’s withholding of relevant information during the prosecution of its patent applications.
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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
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