Indianapolis, Indiana – Trademark lawyers for Brandt Industries Ltd. of Saskatchewan, Canada, have brought a declaratory judgment action concerning the mark BRANDT, as used in connection with agricultural equipment and the manufacture thereof. The existence of the requisite “actual controversy” is based on the defendant, Pitonyak Machinery Corporation of Carlisle, AR, allegedly previously claiming to the plaintiff that the plaintiff’s use of the mark is infringing.
The mark at issue is not currently registered with the U.S. Trademark Office, but both parties have used the mark for several decades in different geographic areas. The plaintiff cites its prior “common law” rights in the mark, based on its continuous use of the mark in commerce, and requests that the court declare, among other things, that this use is non-infringing.
This case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana, and assigned case no. 1:10-cv-00857-TWP-DML.Complaint – Brandt v. Pitonyak
Further information about the case is as follows:
Filed: July 6, 2010 as 1:2010cv00857 Updated: July 8, 2010 04:40:59
Plaintiff: BRANDT INDUSTRIES LTD.
Defendant: PITONYAK MACHINERY CORPORATION
Presiding Judge: Tanya Walton Pratt
Referring Judge: Debra McVicker Lynch
Cause Of Action: Trademark Infringement