Indiana Intellectual Property Law News
Indianapolis, Indiana – Klipsch Group, Inc. of Indianapolis, Indiana filed a trademark infringement lawsuit in the Southern District of Indiana. It alleges infringement of several trademarks protecting the Klipsch® mark.
Listed as sole Defendant in this lawsuit is Robert Pignari of Costa Mesa, California, who does business as Main St. Electronics. Pignari also maintains an Amazon.com presence under the name “Audio Video Sales Guy.”
Klipsch accuses Defendant Pignari, who is not an authorized Klipsch distributor, of selling Klipsch products without its permission. Pignari is further accused of removing the correct serial numbers from the shipping boxes of the Klipsch products he sells and replacing them with fake serial numbers. Because Klipsch voids a product’s warranty in such cases, Pignari’s customers have purchased Klipsch products advertised as “brand new” but which carry no warranty from Klipsch.
An Indiana trademark attorney for Plaintiff Klipsch contacted Pignari demanding that he cease selling “gray market” goods, asserting that his actions violated 15 U.S.C. § 1114 and 15 U.S.C. § 1125(a). No agreement was reached regarding the disputed conduct and this litigation ensued.
In its complaint, filed in Indiana federal court, Klipsch contends that Pignari has infringed its rights in the “Klipsch” trademarks, as protected by U.S. Trademark Reg. Nos. 978,949; 2,917,215; and 3,863,511. Two claims are made:
- Count I: Federal Trademark Infringement in Violation of 15 U.S.C. § 1114
- Count II: Federal Unfair Competition in Violation of 15 U.S.C. § 1125(a)
Plaintiff seeks damages, including treble damages, as well as injunctive relief, costs and attorneys’ fees.
The case was assigned to District Judge Sarah Evans Barker and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana and assigned Case No. 1:16-cv-03043-SEB-DML.