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Articles Posted in Trademark Dilution

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USPTO Implements New Sanctions Process for Improper Trademark Filings

The United States Patent and Trademark Office (“USPTO”) has seen a historic surge of new trademark filings over the past year, along with an increase in suspicious submissions ranging from inaccurate to fraudulent. On January 5, 2022 the USPTO posted a Federal Register Notice that the Commissioner for Trademarks has…

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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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Great Grizzly Sues Winco Fireworks for Alleged Trademark Infringement

  Indianapolis, Indiana – Great Grizzly, Inc. (“Grizzly”), Plaintiff, claims to have sold and imported fireworks in Indiana for over 50 years. In addition, Grizzly claims to have several federal trademarks including the one at issue in this case assigned Registration No. 2,329,220 for “PREDATOR” (the “Registered Mark”). Grizzly alleges…

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3M Sues for Trademark Infringement Related to Alleged Price-Gouging Scheme

Indianapolis, Indiana –3M Company (“3M”) claims there has been an increase in wrongdoers seeking to exploit the COVID-19 pandemic by using scams including those to price-gouge and offer fake sales of 3M-brand N95 respirators. 3M claims Defendants, Zachary Puznak, Zenger LLC d/b/a ZeroAqua, and John Does 1-10 offered Indiana an…

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Indiana Trademark Litigation: Indiana-Based Fireworks Distributor Sues for Trademark Infringement of its “Terminator” Trademark

Indianapolis, Indiana – Attorneys for Plaintiff, North Central Industries, Inc. (“North Central”) of Muncie, Indiana, filed suit in the Southern District of Indiana alleging that Defendants, Creative Licensing Center Corporation (“Creative”) of Los Angeles, California, Winco Fireworks, Inc., and Winco Fireworks International, LLC (collectively the “Winco Defendants”), both of Prairie…

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Indiana-Based Heartland Consumer Products LLC Settles Trademark Lawsuit Against IHOP and Applebee’s Restaurants

Indianapolis, Indiana – Attorneys for Heartland Consumer Products LLC and TC Heartland LLC (collectively “Heartland”), of Carmel, Indiana, filed suit in the Southern District of Indiana in April of 2017 alleging that Defendants, DineEquity, Inc., Applebee’s Franchisor LLC, Applebee’s Restaurants LLC, Applebee’s Services, Inc., International House of Pancakes, LLC, IHOP…

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Indiana Trademark Litigation: Oakley Sues Indiana Company for Trademark Infringement and Dilution

Indianapolis, Indiana – Attorneys for Plaintiff, Oakley, Inc. of Foothill Ranch, California, filed suit in the Southern District of Indiana alleging that Defendants, Swami Property Sunman Inc., d/b/a Sunman BP of Sunman, Indiana, Chirag Patel, an individual, and Does 1-10 (collectively “Defendants”) infringed its rights in United States Trademarks as…

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Seventh Circuit Upholds Preliminary Injunction Issued in Favor of Elanco US, Inc. Against Arla Foods

Eli Lilly & Company and its subsidiary, Elanco US Inc., both of Greenfield, Indiana, filed suit in the Eastern District of Wisconsin alleging that Arla Foods, Inc. USA of Denmark, and Arla Foods Production LLC a Delaware Corporation used false advertising and unfair business practices in regards to Arla brand…

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Indiana Jury Awards just $3,228 for Trademark Infringement

Indianapolis, Indiana – Attorneys for Plaintiff, Barrington Music Products, Inc. of Niles, Michigan filed suit in the Northern District of Indiana alleging that Defendants, Music & Arts Centers of Bel Air, Maryland, Guitar Center Stores, Inc. of Westlake Village, and Eastman Music Company of Pomona, California infringed the rights in…

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Indiana Trademark Litigation: Indiana-Based Simon Property Sued Over Leggings Trademarks

Indianapolis, Indiana – Attorneys for Plaintiff, Muscle Flex, Inc. of Los Angeles, California filed suit in the Southern District of Indiana alleging that Defendants, Simon Property Group, L.P, and Simon Property Group, Inc., both Delaware corporations; Matt Murat Dagli, an individual who resides in Texas and owner of New Purple…

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