Indiana Intellectual Property Law News
Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.
The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.
Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement. Despite these warnings, inTech persisted, leading to the initiation of legal proceedings.
The legal battle reached a critical juncture when the court granted summary judgment affirming the company’s protectable rights over its trademarks. Subsequently, a five-day trial culminated in the jury’s verdict, underscoring inTech’s willful infringement and awarding Forest River $2 million in damages. In addition, the court issued a permanent injunction in Forest River’s favor.
In response to the verdict, inTech announced the rebranding of its Terra model as “Aucta” and urged dealers to remove the Terra branding from their lots. Additionally, owners of Terra products were encouraged to seek replacement decals, signaling a swift attempt to mitigate the fallout from the legal battle.
The case was assigned to Judge Damon R. Leichty in the U.S. District Court of Northern Indiana, and assigned Case No. 3:21-CV-645.