Indiana Intellectual Property Law News
Indianapolis, Indiana – Attorneys for Plaintiff, Klipsch Group, Inc. of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Audiosurplus, infringed its rights in United States Trademark Nos. 978,949, 2,917,215, and 3,863,511. Plaintiff is seeking judgment, Audiosurplus’s profits and damages, and attorneys’ fees and costs.
Plaintiff is an Indiana-based audio equipment company that manufactures high-end speakers, headphones, subwoofers, and a variety of other items audio items. Defendant is an online retailer that sells audio equipment on Amazon. The three trademarks involved in this case are for the “KLIPSCH” brand name. Plaintiff sells its products across the country through contractually authorized retailers. Plaintiff is suing because Defendant is not an authorized Klipsch retailer, but has allegedly been selling Klipsch products through its online store without permission.
The complaint explains that Klipsch products not bought through an authorized retailer do not come with a manufacturer’s warranty, and are thus inferior products to those sold from an authorized retailer.
Plaintiff alleges federal trademark infringement, federal unfair competition and false advertising.
The case was assigned to District Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore in the Southern District and assigned Case 1:18-cv-00479-TWP-MJD.