Indiana Intellectual Property Law News
Fort Wayne, IN – Trademark lawyers for KZRV, L.P. of Shipshewana, Indiana filed a trademark infringement suit alleging RV Wholesalers, LLC of Lakeview, Ohio infringed Trademark Registration No. 3,183,731 for the mark SPREE registered with the US Trademark Office.
The complaint states that KZRV is a leading manufacturer of travel trailers and uses the SPREE trademark on some of the travel trailers it manufactures. KZRV alleges that on May 10, 2011, RV Wholesalers offered for sale on its website a travel trailer with the SPREE trademark without authorization from KZRV. KZRV asked RV Wholesalers to remove the item from their website, and RV Wholesalers refused. KZRV has made claims of trademark infringement, unfair competition, trademark dilution, common law unfair competition, and interference with business relationships. KZRV is seeking a preliminary injunction, a declaratory judgment, damages and costs.
Practice Tip: Accordingly KZRV’s website it uses a stylized form of SPREE with a large S and an arc in the upper right corner. According to the complaint, RV Wholesalers’ use of Spree is virtually identical. While it is possible that this is a case of a blatant infringement, it seems more likely that RV Wholesalers is simply selling authentic “Spree” RVs manufactured by KZRV. If this is the case, this may not be infringement, as the owner of a legitimate product generally has a right to refer to under its original trademark. Otherwise, if the person placing a classified ad to sell, for example, a used car, would be infringing the trademark of the car manufacturer if they identified the car by make and model.
This case has been assigned to Judge Joseph Van Bokkelen and Magistrate Judge Roger Cosbey in the Northern District of Indiana, and assigned Case No. 1:11-cv-00188-JVB-RBC.
Further Information about the case is as follows:
Plaintiff: KZRV LP
Defendant: RV Wholesalers LLC
Case Number: 1:2011cv00188
Filed: June 1, 2011
Court: Indiana Northern District Court
Office: Fort Wayne Office
County: Lagrange
Presiding Judge: Joseph S Van Bokkelen
Referring Judge: Roger B Cosbey
Nature of Suit: Intellectual Property – Trademark
Cause: 15:1121 Trademark Infringement
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff