Articles Posted in 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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 Hammond, Indiana – Trademark lawyers for Lorillard Tobacco Company of Greensboro, NC, filed a lawsuit alleging M & M Smoker Den, Inc. d/b/a Smoker Den and Subhash Malhotra, both of Dyer, IN, has infringed the following trademarks as registered with the U.S. Trademark Office: Trademark Registration No. 1,108,876 for the mark NEWPORT; Trademark Registration No. 2,600,870 for the mark NEWPORT (stylized); Trademark Registration No. 3,601,464 for the mark NEWPORT MENTHOL BOX; Trademark Registration No. 3,618,542 for a DESIGN ONLY mark; Trademark Registration No. 1,920,066 for the mark LORILLARD; Trademark Registration No. 1,178,413 for the mark SPINNAKER DESIGN; and Trademark Registration No. 1,191,816 for the mark NEWPORT and Design.
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Hammond, Indiana – Trademark lawyers for Lorillard Tobacco Company of Greensboro, NC, filed a lawsuit alleging Always Open Franchising Corporation d/b/a Always Open of Dyer, IN, has infringed the following trademarks as registered with the U.S. Trademark Office: Trademark Registration No. 1,108,876 for the mark NEWPORT; Trademark Registration No. 2,600,870 for the mark NEWPORT (stylized); Trademark Registration No. 3,601,464 for the mark NEWPORT MENTHOL BOX; Trademark Registration No. 3,618,542 for a DESIGN ONLY mark; Trademark Registration No. 1,920,066 for the mark LORILLARD; Trademark Registration No. 1,178,413 for the mark SPINNAKER DESIGN; and Trademark Registration No. 1,191,816 for the mark NEWPORT and Design.

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 South Bend, Indiana – Trademark lawyers for Celebration Station Properties, Inc. of Merrillville, IN, filed an infringement suit alleging The Celebration Station, LLC of Fort Payne, AL, has infringed the following federal trademark registrations, as issued by the U.S. Trademark Office in connection with goods and services such as entertainment services, toys, game prizes, and party favors: Trademark Registration No. 1,677,947 for the mark CELEBRATION STATION; Trademark Registration No. 1,677,948 for the mark CELEBRATION STATION (and Design); Trademark Registration No. 2,498,343 for the mark CELEBRATION STATION; and Trademark Registration No. 2,498,344 for the mark CELEBRATION STATION (and Design).
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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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