Indiana Intellectual Property Law News
Hammond, Indiana – Sundance Botanicals, LLC (“Sundance”), the Plaintiff, allegedly sells and distributes elderberry syrups bearing the mark “ELDERPOWER.” The ELDERPOWER mark was registered with the United States Patent and Trademark Office under U.S. Registration No. 5,821,635 for “Immune boosting nutritional supplements made from elderberries and organic ingredients” in 2019.
According to the Complaint, The Power of Elderberries, LLC (“Defendant”) markets and sells elderberry syrup with the mark “THE POWER OF ELDERBERRIES.” Sundance claims Defendant knew of the ELDERPOWER mark prior to adopting its mark and adopted the design elements and name for its elderberry syrup bottles in bad faith “to infringe and pray on Sundance’s goodwill.” The Defendant filed a U.S. trademark application for its mark in June 2019. Sundance then opposed the registration of the Defendant’s mark in February 2020. Opposition No. 91,253,891 is currently suspended pending the outcome of this civil suit.
Due to the Defendant’s alleged actions, Sundance is seeking damages for trademark infringement, false designations of origin, and false descriptions and representations under the Lanham Act. Sundance is further seeking damages for trademark infringement and unfair competition under Indiana common law.
The case was assigned to District Judge Philip P. Simon and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 2:20-cv-00141-PPS-JPK.