Indiana Intellectual Property Law News
Fort Wayne, Indiana – Plaintiff, CravinVapes, LLC, claims Defendants, Michael McClellan and Indiana Vapes, LLC infringed its U.S. Trademark Registration No. 4,714,661 (the “‘661 Mark”). Apparently, CravinVapes had previously licensed the ‘661 Mark to non-party, Lee Eddy (“Eddy”) in connection with his operation of an E-liquid business shop. It was noted when Eddy sold his store to Defendants, Eddy’s license agreement with CravinVapes was not transferable as 
part of the sale. However, CravinVapes claims Defendants opened an E-liquid store and have continued the use of the ‘661 Mark on the sign for the storefront. Plaintiff also claims Indiana Vapes LLC held themselves out to the public as a CravinVapes location on Facebook. While CravinVapes claims it gave McClellan an opportunity to sign a license agreement with it on August 17, 2018, it appears he refused to do so.
Just over a year after being offered the license agreement, Defendants were allegedly sent a cease and desist letter on November 13, 2019. According to the Complaint, after further discussions between the parties, Defendants removed the exterior sign with the ‘661 Mark from their storefront in December 2019, but have continued to use the ‘661 Mark on Facebook. CravinVapes is seeking an injunction and damages related to trademark infringement, false designation of origin, and unfair competition.
The case was assigned to Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Northern District of Indiana and assigned Case 1:19-cv-00546-HAB-SLC.