Indiana Intellectual Property Law News
Indianapolis, Indiana – Attorneys for Plaintiff, Muscle Flex, Inc. of Los Angeles, California filed suit in the Southern District of Indiana alleging that Defendants, Simon Property Group, L.P, and Simon Property Group, Inc., both Delaware corporations; Matt Murat Dagli, an individual who resides in Texas and owner of New Purple LLC, a Texas limited liability company, infringed its rights in United States Trademark Registration No. 4,188,135 for “WORLD OF LEGGINGS.” Plaintiff is seeking damages, judgment of infringement, an injunction on the Defendant’s use of the trademark, and recall and destruction of all infringing items.
Plaintiff is a California-based corporation that operates retail stores that specialize in women’s leggings and clothes. These items are marketed under the name “World of Leggings.” According to the complaint, the Plaintiff has invested considerable time and money into developing the World of Leggings brand.
Defendant Simon Property Group, L.P. is a subsidiary of Simon Property Group, Inc. (collectively, “Simon”). Simon is a large nationwide real estate company with a principal place of business in Delaware. Simon typically owns retail shops and shopping malls, and according to the complaint, holds an interest in 108 malls and 67 premium outlets across the country.
Defendant Dagli is the president of New Purple LLC, a Texas corporation that operates stores in Simon properties under the name “Leggings World.”
According to the complaint, Plaintiff has done business under the “World of Leggings” name since 2011, the trademark was registered in 2012, and the company has continually done business under the name since.
According to the complaint, Defendant New Purple began doing business under “Leggings World” in 2014 and has since applied to trademark the name. New Purple operates stores under the “Leggings World” name in 11 different Simon malls.
In February 2018, New Purple’s trademark application was denied because of a likelihood of confusion with “World of Leggings.” Despite this denial and the receipt of a cease and desist by Plaintiff, Defendant has allegedly continued business without regard to Plaintiff’s warnings.
Plaintiff has formally alleged direct trademark infringement against Nagli/New Purple and contributory and direct infringement against Simon; unfair competition and false designation of origin against both, trademark dilution against all defendants, Indiana common law trademark infringement against all defendants, and unjust enrichment against all defendants.
The case was assigned to District Judge Tanya Walton Pratt and Magistrate Judge Tim A. Baker in the Southern District and assigned Case 1:18-cv-01140-TWP-TAB.