Indiana Intellectual Property Law News
Indianapolis, IN – Trademark attorneys for Orange Communications, LLC of Minneapolis, Minnesota filed a trademark ,trade name infringement in the Southern District of Indiana alleging Orange Public Relations, LLC of Fishers, Indiana and Blastmedia, Inc of Fishers, Indiana infringed Orange trade name and trademark, which apparently has not been registered with the US Trademark Office.
Orange Communications alleges that it applied for LLC status in Indiana in January 2010 and by January 2011 had set up its website, facebook page and twitter account. Orange Communications describes its trademark as “a circular, orange symbol which resembles a gear with a hole in the middle.” The plaintiff alleges that Orange PR was organized in May 2011 and began a website, facebook page and twitter account soon after. The complaint states that Orange Communications sent a cease and desist letter to Orange PR in January 2011 demanding that Orange PR stop using the Orange trade name and logo. The complaint states that Orange PR changed its twitter handle to “Orange Blast” but has not otherwise responded. The complaint further alleges that potential clients have been confused about the relationship and identity of the Plaintiff and Orange PR. The complaint makes claims of unfair competition and trademark infringement under the federal Lanham Act and common law trademark infringement. Orange Communications seeks an injunction, damages, costs and attorney fees.
Practice Tip: The complaint names two corporate defendants: Orange PR and Blastmedia LLC. However, it is unclear what role the plaintiff believes that Blastmedia had in the alleged unfair competition and infringement. The only mention of Blastmedia is the allegation that “Defendants Orange PR and Blastmedia share the same CEO and other senior management employees.”
This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore in the Southern District of Indiana, and assigned Case No. 1:12-CV-0287-RLY-MJD.
Further Information about the case is as follows:
Plaintiff: Orange Communications, LLC
Defendants: BlastMedia, Incorporated and Orange Public Relations, LLC
Case Number: 1:2012cv00287
Filed: March 5, 2012
Court: Indiana Southern District Court
Presiding Judge: Richard L. Young
Nature Of Suit: Intellectual Property-Trademark
Cause: 15:1125 Trademark Infringement (Lanham Act)
Complaint- Orange Communications, LLC v Orange Publishing, LLC and Blastmedia, Inc.