Indiana Intellectual Property Law News
South Bend, Indiana – Trademark lawyers for Celebration Station Properties, Inc. of Merrillville, IN, filed an infringement suit alleging The Celebration Station, LLC of Fort Payne, AL, has infringed the following federal trademark registrations, as issued by the U.S. Trademark Office in connection with goods and services such as entertainment services, toys, game prizes, and party favors: Trademark Registration No. 1,677,947 for the mark CELEBRATION STATION; Trademark Registration No. 1,677,948 for the mark CELEBRATION STATION (and Design); Trademark Registration No. 2,498,343 for the mark CELEBRATION STATION; and Trademark Registration No. 2,498,344 for the mark CELEBRATION STATION (and Design).
The plaintiff is a “restaurant and fun center” which hosts parties and other events while the defendant sells party supplies through a physical store and over the Internet under an allegedly-confusing word mark and logo. The complaint recites causes of action for trademark infringement and dilution as well as unfair competition.
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-00125-PPS-CAN.
Practice Tip: If properly maintained and the appropriate affidavit is filed with the Trademark Office, a trademark which has been federally registered for five years and continuously used in commerce may become “incontestable,” meaning the mark’s validity, registration, or ownership cannot be challenged in any later infringement action.Complaint – Celebration v. Celebration
Further information about this case is as follows:
Filed: April 8, 2010 as 3:2010cv00125 Updated: April 12, 2010 22:16:02
Plaintiff: Celebration Station Properties Inc
Defendant: Celebration Station LLC The
Presiding Judge:Philip P Simon
Referring Judge:Christopher A Nuechterlein
Cause Of Action: Trademark Infringement (Lanham Act)
Court:Seventh Circuit > Indiana > Northern District Court
Type:Intellectual Property > Trademark