CNH America, LLC sues Davis Equipment for Infringement and Dilution of NEW HOLLAND Trademark

New Albany, Indiana – By counsel, CNH America, LLC of Racine, WI, has filed a trademark infringement suit against Davis Equipment Sales & Service, Inc. of Salem, IN, alleging infringement and dilution of the NEW HOLLAND mark and logo, which have been registered by the U.S. Trademark Office, and unfair competition.

The plaintiff manufactures agricultural products and related equipment, while the defendant served as an authorized dealer of those products. The complaint alleges that the defendant, following termination of the dealer agreement, has not complied with its obligation to remove all signs and advertising displays bearing the asserted trademarks, thereby infringing the Lanham Act and Indiana state unfair competition and dilution laws.

This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge William G. Hussmann in the Southern District of Indiana, and assigned case no. 4:10-cv-00141-RLY-WGH.

Practice Tip: Trademark dilution is a cause of action, under both federal and state law, by which the owner of a “famous” trademark may seek to prevent others from using the mark in a way that would lessen its uniqueness, even in the absence of any likelihood of confusion or competition.

Complaint – CNH America v. Davis Equipment by pauloverhauser on Scribd

Further information about this case is as follows:

Filed: November 9, 2010 as 4:2010cv00141 Updated: November 9, 2010 22:37:36

Plaintiff: CNH AMERICA, LLC

Defendant: DAVIS EQUIPMENT SALES & SERVICE, INC.

Presiding Judge:Richard L. Young

Cause Of Action: Trademark Infringement

Court:

Seventh Circuit > Indiana > Southern District Court

Type:Intellectual Property > Trademark

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