Indiana Intellectual Property Law News
Indianapolis, Indiana – Plaintiff All Star Heating & Cooling, Inc. (“All Star”) of Camby, Indiana sued in the Southern District of Indiana alleging that Quality Heating and Air, Inc. (“Quality Heating”) d/b/a All Star Air and Richard Cusick (“Cusick”) of New Palestine, Indiana are infringing its trade name.
Both Plaintiff and Defendants are in the business of providing heating, venting and air conditioning service, installation and repair. Plaintiff All Star states that it began business in December of 2005 and that it has used the same name since that time. It also indicates that it has been using “the same trade dress since 2011.” This trademark infringement complaint does not indicate that Plaintiff’s business name has been registered by the U.S. Patent and Trademark Office.
The complaint states that Defendant Cusick, who is believed to be the owner and operator of Defendant Quality Heating, began business in 2014 under the assumed business name All Star Air. Plaintiff asserts that Quality Heating is currently located less than 30 miles from Plaintiff’s location.
Plaintiff All Star contends that customers and vendors have been confused by Defendants’ use of the All Star name, stating that they have “wrongly believed that there is an association or connection between the Plaintiff’s business and the Defendants’ business.” Plaintiff avers that, as a consequence, Defendants are liable for trade name infringement and unfair competition.
In its lawsuit, filed by an Indiana trademark lawyer, Plaintiff lists the following counts:
• Count I: Federal Unfair Competition
• Count II: State and Common Law Trademark Infringement• Count III: Common Law Unfair Competition
All Star seeks equitable relief, including an injunction; damages, including treble damages; costs and attorney fees.
The case was assigned to William T. Lawrence and Magistrate Judge Denise K. LaRue, in the Southern District of Indiana and assigned Case No. 1:15-cv-01941-WTL-DKL.