Indiana Trademark Litigation: Bedding Wholesaler Sues Competitor Alleging Infringing Use of “Bamboo Luxury” Mark

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Hammond, Indiana – Plaintiff Duke Imports Inc. of Angola, Indiana sued in the Northern District of Indiana alleging that Defendant All That Jazz Trading LLC of LaGrange, Indiana infringed its trademark for BAMBOO LUXURY.

Duke, a wholesaler of bedding, towels and related products asserts ownership to Trademark Registration No. 4,923,500 for BAMBOO LUXURY, which has been registered by the U.S. Patent and Trademark Office. Duke claims that it first used the trademark in connection with the sale of sheets and other bedding products in April 2015.

It contends that All That Jazz, which also wholesales bedding, towels and related products, has sold sheets using the BAMBOO LUXURY trademark. Duke states that Defendant used BAMBOO LUXURY with “actual and/or constructive knowledge of Duke Imports’ senior use and ownership” of the trademark and that the use was a willful infringement.

In a lawsuit filed by an Indiana trademark attorney, the following claims are asserted against Defendant:

• Count One: 15 U.S.C.§ 1125(a)

• Count Two: Common Law Unfair Competition

Plaintiff seeks damages, equitable relief, attorneys’ fees, interest, and costs.

This litigation, Case No. 1:16-cv-00160, was filed in the Northern District but has not yet been assigned.

Complaint by pauloverhauser on Scribd

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