Unfair Competition

July 26, 2021

Delta Faucet Company Sues Amazon Storefront for Alleged Trademark Infringement

Indianapolis, Indiana – Delta Faucet Company (“Delta”), the Plaintiff, is an Indiana corporation that is apparently known as “America’s Faucet Innovation Leader.” Delta claims its products may only be purchased in the United States from Delta itself, or its Authorized Sellers. According to the Complaint, this allows Delta to control the quality of the products and protect the value of its brand(s). As Delta’s brand is important to the company, it has registered numerous trademarks with the U.S. Trademark Office including those in the table below (the “Delta Marks”).

Registered Mark	Registration Nos.
	5,273,845
	2,583,761
	3,062,101
	2,586,604
DELTA	4,518,067
	0,668,880
DELTA	4,638,296

Delta has filed multiple infringement suits in Indiana this year to vigorously defend its intellectual property rights. E-commerce sales have exploded over the past decade and while online marketplaces have created opportunities, they have also apparently created a challenge for brand owners to control the quality and safety of their products. Further, Delta claims online marketplaces have a low barrier to entry and do not require sellers to be Authorized Sellers, meaning many unauthorized sellers with no relationship to Delta are able to sell counterfeit or lesser quality products online without Delta’s consent. This can lead to consumer reviews that associate the problem with their product “with the brand/manufacturer rather than the product seller.” Given these risks, Delta claims it imposes additional requirements on its Authorized Sellers who sell online, including only allowing websites that are operated by the Authorized Seller and not a storefront on any online marketplace. The website must also include the “Authorized Seller’s mailing address, telephone number, and email address” along with being fully inspected and approved by Delta.

Delta claims that due to the risks to consumers and reputational concerns, it actively monitors the online sale of its products. Over the course of this monitoring, Delta apparently found a high volume of products being sold illegally on Amazon by Defendants, Dmitrii Iakovlev and John Does, 1-10 (while the identities of John Does 1-10 are currently unknown, Delta intends on discovering their identities and amending its Complaint). Delta claims it sent multiple cease and desist communications to Defendants, but Defendants have continued to sell products bearing the Delta Marks on their “TechnoProffs” Amazon storefront. Additionally, the Complaint cites to numerous one-star reviews for the sales of alleged Delta products on the TechnoProffs storefront that were damaged and/or missing pieces.

Due to the alleged harm of the sales of unauthorized products bearing the Delta Marks, Delta is seeking injunctive relief and enhanced damages for trademark infringement pursuant to 15 U.S.C. §§ 1116 and 1117(a). Also pursuant to the Lanham Act, 15 U.S.C. § 1125(a), Delta claims Defendants actions constitute unfair competition. Delta is further seeking damages for trademark infringement and unfair competition under Indiana common law. Finally, because Defendants have allegedly knowingly and willfully sold products represented as genuine Delta products when they are not, Delta claims Defendants have committed deception in violation of Indiana Crime Victim’s Relief Act, Ind. Code § 35-43-5-3.

July 23, 2021

Wabash County Truck Repair Business Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

South Bend, Indiana – Apparently Triple LLL Truck Repair, Inc., the Plaintiff, entered into an Asset Purchase Agreement (the “Agreement”) with Defendants, Triple LLL, Inc. (“Triple LLL”) and Maurice Long, in February 2012. Under the Agreement, Plaintiff purportedly purchased the assets of Triple LLL with the exception of Triple LLL’s cash, accounts receivable, motor vehicles not identified in the Agreement, and personal items of Mr. Long that were identified in the Agreement. The assets purchased included the goodwill and intangible assets of the business including, apparently, the intellectual property.

Since purchasing the business, the Plaintiff claims it has run a full-service maintenance and repair facility using the “Triple LLL” mark (the “Mark”). Further, the Plaintiff owns U.S. Registration No. 6,209,305 in connection with “retail stores featuring tractor, truck, and trailer parts and tractor, truck, and trailer maintenance, repair, and tire alignment” (the “Registration”).

It has since come to the attention of the Plaintiff that Triple LLL has begun operating a truck repair facility under the name “Triple LLL, Inc. Truck and Trailer Services.” In addition to the similar name, Triple LLL apparently runs its new business out of the same building it previously used for its business operations. Plaintiff claims the Defendants’ use of the Mark and the use of the same building to operate their business is likely to cause confusion and deceive the public into believing the Parties are connected. Further, Plaintiff claims Triple LLL has actively solicited its customers and actual confusion has occurred between vendors and customers of Plaintiff.

Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. § 1114. Plaintiff also claims Defendants’ actions amount to unfair competition and false designation of origin in violation of 15 U.S.C. § 1125. Plaintiff is requesting damages, treble damages, ill-gotten profits, reasonable attorneys’ fees, statutory damages, and the costs of the suit.

July 21, 2021

Vroom, Inc. Sues Indianapolis Car Company for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Vroom, Inc. (“Vroom”), the Plaintiff, apparently began selling used vehicles online in 2013. As e-commerce has taken off, Vroom sought and registered numerous trademarks including those at issue in this case as shown below (the “Vroom Marks”).

Mark	Registration No./Serial No.
VROOM	4,917,005
	5,076,055
VROOM	5,592,887
	5,436,572
VROOM GET IN	5,964,489
VROOM	6,075,286
	6,070,931
VROOM	87/287,698

According to the Complaint, Vroom became aware of Defendants’, Midwest Motors LLC, d/b/a Vrooomsace Car Selection and Khaled Alragwi, use of VROOMSACE, VROOMSACE CAR SELECTION, VROOMCARS.COM, vroomcars.com, and vroomindy.com in connection with the buying and selling of used cars (collectively the “Allegedly Infringing Properties”) in December 2020. Counsel for Vroom apparently sent multiple letters and emails to Defendants and even attempted to contact Defendants by phone to inform them of their allegedly infringing actions. As of the filing of the Complaint, Vroom claims Defendants did not respond to any of the cease and desist communications and continued using the Allegedly Infringing Properties.

Vroom claims Defendants’ use of the Allegedly Infringing Properties is likely to cause confusion or deceive customers as to the connection of the Defendants and Vroom. Therefore, Vroom is claiming Defendants’ activities and use of the Allegedly Infringing Properties constitute trademark infringement in violation of 15 U.S.C. § 1114. Also, under the Lanham Act, Vroom is seeking damages for false designation of origin and unfair competition in violation of 15 U.S.C. § 1125(a). Vroom is further claiming Defendants’ actions constitute common law unfair competition and trademark infringement. Finally, Vroom claims Defendants are in violation of the Anti-cybersquatting Consumer Protection Act under 15 U.S.C. § 1125(d) for using and registering the domain names “vroomindy.com” and “vroomcars.com.”

July 16, 2021

ABI Attachments, Inc. of Mishawaka Sues for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, ABI Attachments, Inc. (“ABI”), the Plaintiff entered into a Product Lines Purchase Agreement with Defendants, Kiser Arena Specialists, Inc., (“KAS”) Robert D. Kiser, Individually and as Trustee of The Kiser Family Trust, and James Kiser (collectively, the “Defendants”). Under the Agreement, ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S. Trademark Registration No. 4,044,235 (the “Mark”), and “Product Lines” including “specifications, shop drawings, records, and intellectual property rights relating to the Product Lines.” ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products. For example, ABI claims the Defendants’ Kiser 1000 Series is substantially similar to the ABI DragMaster as shown below.

Further, ABI asserts that Defendants have promoted the “new” products as “redesigned” which indicates the Defendants’ products are based on intellectual property now owned by ABI rather than a new product developed from scratch. According to the Complaint, KAS has used the same background music in some of its promotional videos as ABI: Compare

https://youtu.be/CWPjo2Ogzbc (KAS) with https://youtu.be/9lY2X2UvoL4 (ABI). ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation.

ABI first seeks damages for Defendants’ alleged breach of their obligations under the Product Lines Purchase Agreement. Next, ABI claims Defendants have misappropriated its trade secrets by using the “specifications, shop drawings, blueprints, records and intellectual property rights relating to the Product Lines.” Pursuant to the Lanham Act, 15 U.S.C. §§ 1116 and 1117, ABI is seeking injunctive relief as well as actual and treble damages for willful trademark infringement. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C. § 1125(a). Finally, ABI is seeking damages for unfair competition, trademark misappropriation, and unjust enrichment under Indiana common law.

July 14, 2021

Lake Station Grocery Store Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Hammond, Indiana – Apparently Plaintiff, La Michoacana Meat Market TM Holdings, LLC (“La Michoacana”) owns numerous federal trademark registrations including the seven at issue in this case (the “Michoacana Marks”):

Mark	Registration No.
LA MICHOACANA MEAT MARKET	3669454
LA MICHOACANA MEAT MARKET	4662100
	4662101
	4662104
LA MICHOACANA MEAT MARKET KIDS	4771484
	4784267
	4784268

According to the Complaint, La Michoacana uses the Michoacana Marks in connection with their meat markets, grocery stores, fruit shops, restaurants, and bakeries. Additionally, La Michoacana claims to sell private label goods such as coffee, beans, and spices.

Cacimiro Galan and Carniceria y Fruteria La Morentita, Defendants, allegedly own and operate a Mexican-themed grocery store using the name “Carniceria y Fruteria La Michoacana.” La Michoacana further asserts that Defendants have a link to La Michoacana’s website on their facebook page, which gives the improper impression that the Parties are affiliated or Defendants have a license to use the Michoacana Marks.

La Michoacana claims it informed Defendants of their infringing actions, but the Defendants did not cease. Therefore, La Michoacana is seeking damages for willful trademark infringement pursuant to 15 U.S.C. § 1117(a). Next, La Michoacana is claiming false designation of origin and unfair competition under 15 U.S.C. § 1125(a). Finally, La Michoacana is seeking relief for common law unfair competition and unjust enrichment.

July 12, 2021

Watch Communications Sues Ex-Employees for Alleged Trade Secret Misappropriation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, W.A.T.C.H TV Company d/b/a Watch Communications (“Watch”), the Plaintiff, is in the business of providing broadband Internet access to consumers and enterprise customers in Ohio, Indiana, Illinois, and Kentucky. Defendant, Greg Jarman (“Jarman”), was allegedly an employee of Watch beginning in February 2014. According to the Complaint, Jarman was then elected to the positions of Vice President of Operations and Chief Operating Officer in March 2018. In February 2019, Watch claims Jarman approached the President and Chief Executive Officer, Ken Williams (“Williams”) with an opportunity to assist in a project in Tennessee. However, Watch claims Williams instructed Jarman to not proceed with the Tennessee project because Watch did not have a presence in Tennessee.

July 2, 2021

Indianapolis-based Supermercado Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, La Michoacana Meat Market TM Holdings, LLC (“La Michoacana”), the Plaintiff owns a number of federal trademark registrations for use in connection with its Mexican-styled grocery stores, meat markets, fruit shops, restaurants, and bakeries (the “LA MICHOACANA Marks”).

According to the Complaint, Defendants, Josue Lopez and Supermercado Jireh LLC, own and operate at least one Mexican-themed grocery store using the name “Super Mercado Jireh Pollo Michoacano. La Michoacana claims that Defendants’ use of “MICHOACANO” in connection with food-related goods and services is confusingly similar to the LA MICHOACANA Marks and therefore constitutes infringement of those marks.

La Michoacana is seeking damages for federal trademark infringement pursuant to 15 U.S.C. § 1117(a). It is further claiming damages for false designation of origin and unfair competition under 15 U.S.C. 1125(a). As La Michoacana claims it has suffered irreparable injury for which it has no adequate remedy at law, it is seeking a permanent injunction pursuant to 15 U.S.C. § 1116(a). Finally, La Michoacana is seeking damages for common law unfair competition and unjust enrichment.

February 25, 2021

Rylie Investments LLC Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, Armored Heating and Cooling Inc. (“AHC”), the Plaintiff, “is a leading provider of residential and commercial HVAC repair, service, sales and installations in central Indiana.” AHC claims the Defendant, Rylie Investments LLC (“Rylie”) also provides HVAC services in Indiana under the name “Armor Air.”

AHC claims to own U.S. Trademark Application Serial No. 90/058,569, U.S. Trademark Application Serial No. 90/084,330 and Indiana Trademark Registration ID 2020000026067 (the “AHC Trademarks”). According to the Complaint, Rylie filed a federal trademark application for the mark “ARMOR AIR” on July 20, 2020 under Application Serial No. 90/061,501. AHC further claims Rylie advertises its HVAC services despite not being a licensed HVAC contractor in Indianapolis, Indiana. Finally, AHC claims customers have been confused between the two companies and customers have complained that Rylie’s services are inferior and of poor quality.

AHC claims Rylie is liable for trademark infringement of the AHC Trademarks, false designation of origin, and unfair competition under the Lanham Act, 15 U.S.C. § 1125(a), and the common law. AHC is further seeking an injunction for trademark infringement pursuant to Ind. Code §§ 24-2-1-13 and 24-2-1-14.

February 19, 2021

WishBone Medical, Inc. Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Warsaw, Indiana – Apparently Orthopediatrics Corp. and Orthex, LLC (collectively “Ortho”), the Plaintiffs, own a patented method of fixing broken or deformed bones, United States Patent No. 10,258,377 (the “‘377 Patent”). Ortho claims Defendants, WishBone Medical, Inc. (“WishBone”) and Nick A. Deeter (“Deeter”), have infringed the ‘377 Patent. According to the Complaint, Deeter was an employee of Ortho from 2006 to 2013. Thereafter, Deeter apparently started WishBone in 2016.

Ortho claims WishBone’s “Smart Correction® External Fixation System” not only infringes the ’377 Patent, but that “WishBone admittedly knew of the ‘377 Patent by no later than June 2019, but proceeded to move forwarded [sic] with its infringing, copycat system.” Additionally, Ortho claims Deeter has breached his severance agreement in which he agreed not to disparage Ortho.

Ortho is seeking enhanced damages and attorneys’ fees for patent infringement pursuant to 35 U.S.C. §§ 284 and 285. Further, Ortho is seeking damages for unfair competition and false advertising under the Lanham Act. Finally, pursuant to Indiana common law, Ortho is suing Deeter for breach of contract, and both Defendants for defamation, tortious interference with contractual relationships, and tortious interference with prospective contractual relationships.

February 15, 2021

Makers of SPLENDA® Sue Speedway for Alleged Trade Dress Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently Heartland Consumer Products LLC (“Heartland”), the Plaintiff, is the owner of the SPLENDA® brand sugar substitute sweetener, which comes in yellow packaging (the “Yellow Trade Dress”). According to the Complaint, Heartland has also used a variety of legally protected trademarks in connection with its SPLENDA® brand products.

In addition to its U.S. trademarks, and common law rights to the Yellow Trade Dress, Heartland also claims to have obtained trademark registrations for the SPLENDA® intellectual property in over 90 countries.

Heartland claims Speedway, LLC (“Speedway”), the Defendant, has “engaged in the active deception of customers through misappropriation of the Yellow Trade Dress in a manner that makes Speedway’s yellow sucralose packets easily mistakable for SPLENDA®’s yellow packets. Per the Complaint, Speedway failed “to provide sufficient cues to the consumer that the yellow sweetener packets in Speedway stores are not the leading brand sucralose-based sweetener sold by Heartland.” Therefore, Heartland claims Speedway’s actions are likely to deceive consumers into believing its sweetener provided in yellow packets is SPLENDA®.

Due to Speedway’s use of yellow packaging for sucralose, Heartland claims it has committed trade dress infringement, trademark dilution, false designation of origin, unfair competition, and false advertising pursuant to the Lanham Act, 15 U.S.C. § 1125. Heartland is seeking enhanced damages and attorneys’ fees under 15 U.S.C. § 1117 because it claims “Speedway’s actions are intentional, willful, and calculated to cause confusion, mistake or deception.” Further, Heartland is claiming common law trade dress infringement under Ind. Code § 24-2-1-15. Next, Heartland is claiming common law unfair competition. Finally, Heartland is claiming trademark dilution under Ind. Code § 24-2-1-13.5.