Indiana Intellectual Property Law News
Delta Faucet Company, a prominent manufacturer of kitchen and bathroom fixtures, alleges that Justin and Andrew Bundrick engaged in unauthorized sales of Delta-branded products via Amazon storefronts “SummitMerch” (previously “BunjiSolutions”) and “A.B.Sales”. The company claims these products failed to meet their quality standards and did not include the official warranty, thereby violating trademark laws under the Lanham Act and constituting unfair competition.
Delta contends that the defendants’ sales of defective or subpar goods resulted in negative reviews, consumer confusion, and damage to Delta’s reputation. Despite receiving cease-and-desist letters, the defendants reportedly continued to sell non-genuine products. Test purchases indicated improper packaging and the absence of Delta’s warranty.
Delta argues that these unauthorized sales amount to trademark infringement and unfair competition, as the products differ significantly from authentic Delta items. The company is seeking injunctive relief, asserting that these sales harm its brand value and erode consumer trust.
Delta has effectively pursued legal action against other Amazon sellers, such as Dimitrii Iakovlev and Ben Watkins, based on similar trademark and unfair competition claims, establishing a precedent for its brand protection strategy. In the case involving Dimitrii Iakovlev, Delta received a total of DimitriiIakovlev, whereas in the case against BenWatkins, the awarded amount reached $5,402,245.73.
The case has been assigned to Judge Richard L. Young and Magistrate Judge Kellie M. Barr in the U.S. District Court of Southern Indiana Case No. 1:24-cv-01901-RLY-KMB.