Indiana Intellectual Property Law News
South Bend, Indiana – Trademark lawyers for Group Force Capital, LLC of Aventura, FL, filed a lawsuit alleging Virtuoso Distillers, LLC of Mishawaka, IN, infringed Trademark Registration No. 3,791,405 for the mark L’CHAIM, as registered by the U.S. Trademark Officein connection with specific types of alcoholic beverages. Group Force creates and distributes alcoholic beverages, including a line of Kosher ones which are sold under the asserted mark. It is alleged that the defendant later applied to federally register the mark L’CHAIM VODKA in the same class of goods and displays a bottle of the beverage at the Web sitewww.lchaimvodka.com. TheU.S. Trademark Officerefused defendant’s trademark application, and defendant has since petitioned to cancel the plaintiff’s registration, alleging a priority of use. Plaintiff Group Force, by its complaint, alleges trademark infringement, unfair competition, and a violation of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. ยง 1125(d).
This case has been assigned to Chief Judge Philip P. Simon and Magistrate Judge Christopher A. Nuechterlein in the Northern District of Indiana, and assigned case no. 3:10-cv-00385-PPS-CAN.
Practice Tip: An application to register a trademark must specify the type(s) of goods or services offered under the mark.Complaint – Group Force v. Virtuoso
Further Information about the case is as follows:
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Plaintiff: |
Group Force Capital LLC |
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Defendant: |
Virtuoso Distillers LLC |
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Case Number: |
3:2010cv00385 |
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Filed: |
September 8, 2010 |
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Court: |
Indiana Northern District Court |
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Office: |
South Bend Office [ Court Info ] |
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County: |
XX US, Outside State |
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Presiding Judge: |
Philip P Simon |
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Referring Judge: |
Christopher A Nuechterlein |
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Nature of Suit: |
Intellectual Property – Trademark |
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Cause: |
15:1114 |
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Jurisdiction: |
Federal Question |
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Jury Demanded By: |
Plaintiff |