Indiana Intellectual Property Law News
Carmel, Indiana – EE Holding Group LLC has filed a lawsuit against PDGROWTH LLC and Patrick D. Garton. The claims include trademark counterfeiting, infringement, false designation of origin, and unfair competition under both federal and common law.
Led by designer Eric Emanuel, the plaintiff asserts ownership of trademarks such as ERIC EMANUEL and the EE logo: . These trademarks have been in use since 2014 and are associated with high-quality sportswear, particularly the signature EE mesh shorts.
Defendant Garton, who operates under the Instagram handle “pd.resells,” is accused of selling counterfeit goods that bear the plaintiff’s trademarks. These goods, sourced from China, are marketed as indistinguishable replicas. Garton sells these products through social media, the website https://thesupplyr.com/, and other platforms, allegedly profiting significantly from these sales. The plaintiff claims Garton not only sells counterfeit items but also teaches others how to profit from similar activities.
The lawsuit seeks several remedies, including a permanent injunction against the defendants, an accounting of profits, damages, statutory penalties, and reimbursement of legal costs. The plaintiff argues that the defendants’ actions are willful and have caused consumer confusion, damaging the brand’s reputation and goodwill.
The case has been assigned to Judge James Patrick Hanlon and Magistrate Judge Tim A. Baker in the U.S. District Court of Southern Indiana Case No. 1:24-cv-1895.