New Albany, Indiana – Trademark lawyers for Batesville Services, Inc. of Batesville, IN, filed an infringement suit alleging Safe Choice, Inc. of Charlotte, NC, and the Safe Choice principals are infringing various trademarks for burial caskets, including several which are registered with the U.S. Trademark Office.
The plaintiff is a long-time manufacturer and marketer of caskets and alleges in its complaint that the defendants are using, without approval, Batesville trademarks and related imagery on their Web site to advertise caskets. The complaint also cites the plaintiff’s copyrighted lithographic casket images, as registered with the U.S. Copyright Office, and includes claims for copyright infringement as well as trademark infringement and unfair competition.
Practice Tip: As noted and asserted by the plaintiff here, “common law” trademark rights arise automatically from the non-token use of a trademark or service mark in commerce.Complaint – Batesville v. Safe
Further information about this case is as follows:
Filed: March 12, 2010 as 4:2010cv00023 Updated: April 8, 2010 18:04:44
Plaintiff: BATESVILLE SERVICES, INC.
Defendants: CRYSTAL BEASLEY WALKER, JOHN DOES 1-5, SAFE CHOICE, INC. and SAFECHOICEINC.COM
Presiding Judge: Judge Sarah Evans Barker
Referring Judge: Magistrate Judge William G. Hussmann Jr.
Cause Of Action: Trademark Infringement