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Articles Posted in Trade Dress

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Red Hex Rivalry: Valcrum Hubcaps vs. Dexter’s Fortress

In Cyprus, Texas, Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design. According to court documents, Valcrum has developed a reputation for innovative…

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An Illuminating Battle Over Trade Dress Rights: Dekko, Inc. vs. Metro Light & Power, LLC

Fort Wayne, Indiana – Group Dekko, Inc. and its subsidiary, Furnlite, Inc., have initiated legal proceedings against Metro Light & Power, LLC. The crux of the dispute lies in allegations of trade dress infringement under the Lanham Act, with Dekko and Furnlite seeking a declaratory judgment to invalidate Metro’s claims.…

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Fireworks Company Takes On Competitors For Stealing Their Spark

Muncie, Indiana – The Plaintiff, 1.4g Holdings, LLC (“1.4g”), filed suit against North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. § 1125 and Misappropriation of Commercial Properties Under Indiana Common Law. 1.4g…

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RV Manufacturer Sues Former Employees for Conversion & Trade Dress Infringement

Elkhart, Indiana – Phoenix USA RV, Inc., (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States. In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper.  Many of the employees became unhappy with the…

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Michigan City Resident Sues Numerous Retailers for Alleged Patent Infringement

Hammond, Indiana – Apparently, James E. Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136, and D/341,471 (collectively, the “Patents in Suit”). Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471…

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Monster Energy Co. Sues Fitness Company for Alleged Trademark Infringement

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Monster also claims it has used a distinctive trade dress for packaging,…

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Energy Beverages Sued Indiana Automotive Shop for Alleged Trademark Infringement

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Monster in turn divested the rights and title to the Full Throttle® energy drink line to its child company, Energy Beverages LLC (“Energy”),…

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Egglife Foods Sues Crepini, LLC for Alleged Trade Dress Infringement

South Bend, Indiana – Apparently Egglife Foods, Inc. (“Egglife”), the Plaintiff, sell ready-to-eat wraps that are made with cage-free egg whites instead of flour (“egglife egg white wraps”). Introduced in 2019, founder Peggy Johns claims to have invented egglife egg white wraps, using a now patented method (U.S. Patent No.…

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Indianapolis Bouldering LLC Seeks Declaratory Judgment of Non-Infringement

Indianapolis, Indiana – Apparently Indianapolis Bouldering LLC, the Plaintiff, provides bouldering facilities as part of its fitness facility. According to the Complaint, Indianapolis Bouldering intends on opening a 52,000 square foot fitness facility (“North Mass Boulder”) in May 2021 using images of rocks and natural surfaces to create an organic…

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Makers of SPLENDA® Sue Speedway for Alleged Trade Dress Infringement

Indianapolis, Indiana – Apparently Heartland Consumer Products LLC (“Heartland”), the Plaintiff, is the owner of the SPLENDA® brand sugar substitute sweetener, which comes in yellow packaging (the “Yellow Trade Dress”). According to the Complaint, Heartland has also used a variety of legally protected trademarks in connection with its SPLENDA® brand…

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