Indiana Intellectual Property Law News
In a recent legal case involving Illinois Plaintiff, SAK Group, Inc. and Indiana Defendant, Blue Hill Hospitality, Inc., the complexities of trademark infringement and its legal implications came to the forefront.
According to the complaint, SAK Group, Inc., is a renowned restaurant group operating under the trademark “Buttermilk Café.” They initiated legal action against Blue Hill Hospitality, Inc., alleging trademark infringement and unfair competition. The Plaintiff asserted that Blue Hill Hospitality’s use of the name “Buttermilk Pancake House” and its similar mark posed a threat to SAK’s established trademark rights, leading to confusion among consumers.
The complaint filed by SAK Group, Inc. encompassed various legal claims, including federal trademark infringement under the Lanham Act, false designation of origin, passing off, unfair competition, and violation of state laws related to deceptive trade practices. Each claim was supported by specific allegations regarding the similarities in marks, potential confusion among consumers, and the alleged willful nature of Blue Hill Hospitality’s actions.
If found guilty of infringement, Blue Hill Hospitality may face injunctions preventing the use of the contested mark, potential damages, the requirement to account for profits gained through the infringing mark, and payment of legal fees.
The case has been assigned to Judge Philip P Simon and Magistrate Judge Joshua P Kolar, in the U.S. District Court of Northern Indiana, and assigned Case No. 2:23-cv-00142-PPS-JPK.