Articles Posted in Unfair Competition

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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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Fort Wayne, Indiana – Copyright lawyers for DEI Incorporated of Cincinnati, OH, have filed a lawsuit alleging First Bank of Berne of Berne, IN, and K4 Architecture LLC of Cincinnati, OH, have infringed a work titled FIRST BANK OF BERNE, JOB 511, SKETCHES, RENDERINGS, FLOOR PLANS, AND DRAWINGS, which has been registered with the U.S. Copyright Office.

Plaintiff alleges that it was engaged by the First Bank of Berne to design a new bank branch and, after providing the bank with three sets of schematic designs, was informed that it would not be utilized in plan finalization and construction of the branch. The complaint states that, subsequently, the bank retained K4 Architecture to perform additional architectural services and/or construct the branch, in the process copying all or a substantial part of plaintiff’s copyrighted designs and drawings. The plaintiff’s complaint also recites claims for breach of contract, unfair competition, and tortuous interference with a contract.
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 Fort Wayne, Indiana – Trademark attorneys for Medical Informatics Engineering, Inc., of Fort Wayne, IN, have initiated litigation alleging Mitochon Systems, Inc., of Newport Beach, CA, has infringed the following trademarks, as registered with the U.S. Trademark Office in connection with computer software and services generally relating to medical records and information: Trademark Registration No. 3,516,923 for the mark MINIMALLY INVASIVE; Trademark Registration No. 3,516,922 for the mark MINIMALLY INVASIVE EHR; and Trademark Registration No. 3,516,921 for the mark MINIMALLY INVASIVE EMR.
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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 Novedades Latina of Indianapolis, 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 while including a cause of action for counterfeiting under the federal Lanham Act.
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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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