Indiana Intellectual Property Law News
Crown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc. (“Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. § 1125(a)(1)(A), Indiana Common Law Trademark Infringement in violation of Ind. Code § 24-2-1-13.5 and Common Law Unfair Competition.
According to the complaint, Albert’s was established in 1905 in a tiny storefront in East Chicago, Indiana. They have grown to one of the largest and most successful family-owned jewelers in the entire country.
Cullen Wulf took over ownership of AaLand Diamond Jewelers in mid-2015, per their website. They tout to be the go-to-store for Northwest Indiana residence looking for custom jewelry, diamond engagement rings, and jewelry repairs. They also proclaim to be Northwest Indiana’s trusted gold & diamond buyer.
AaLand recently moved its single storefront from Merrillville, Indiana to Crown Point, Indiana. The new Crown Point Store displayed signage that caused confusion with at least one of Albert’s Customers. Wherein, it received a phone call congratulating them on the opening of a new store in Crown Point, Indiana.
The Complaint further states that Albert’s have contacted AaLand on numerous occasions by electronic mail and telephone in attempts to propose a further amicable resolution to change and discontinue use of the Infringing Mark. AaLand have failed to substantially reply to Albert’s proposal.
Therefore, the Plaintiff is seeking a Declaratory Judgment, Injunctive relief, profits, damages, attorney and investigative fees, expenses, pre-and post judgement interest. Albert’s has also requested an Order requiring the Defendant, AaLand, to deliver all advertising, promotional and marking materials bearing the Infringing Mark to Albert’s for destruction or other disposition.
The case was assigned to Judge Philip P. Simon and Magistrate Judge Joshua P. Kolar in the Hammond Division of the Northern District of Indiana and assigned Case No. 2:23-cv-00039-PPS-JPK.
Trademark infringement occurs when someone uses a trademark, or a similar mark, in a way that is likely to cause confusion or deceive consumers about the source or origin of goods or services. This can include using a trademark without permission, using a trademark that is similar enough to an existing trademark that it causes confusion, or using a trademark in a way that dilutes the distinctive quality of the trademark. Trademark infringement can occur in a variety of contexts, such as in advertising, on products or packaging, in domain names, or on social media. If you believe your trademark has been infringed upon, you may want to consult with a trademark attorney to discuss your legal options.