Indianapolis; IN – Trademark attorneys for Australian Gold, LLC of Indianapolis, Indiana filed a trademark infringement suit in the Southern District of Indiana alleging Devoted Creations, Inc. of Oldsmar, Florida infringed trademark registration no. 4089695 for the mark MUST HAVE, which has been registered with the US Trademark Office.
Australian Gold claims it has used the MUST HAVE trademark since 2010 to market its tanning preparation products. The complaint alleges that Devoted has introduced a competing tanning preparation product and is using the mark MUST HAVE! to market the product. The only difference between the marks is that Devoted uses an exclamation mark at the end. The complaint alleges that the marks are confusingly similar and claims the US Trademark Office rejected Devoted’s application to register MUST HAVE! The complaint makes claims of trademark infringement and unfair competition and seeks a judgment of infringement, an injunction, an order requiring all infringing products be delivered and destroyed, damages, attorney fees and costs.
Practice Tip: The complaint alleges, as a jurisdictional fact, that Devoted “does business in Indiana” and sells the allegedly infringing product at a distribution center in Danville, Indiana.
Further Information about the case is as follows:
Filed: March 9, 2012 as 1:2012cv00306 Updated: March 23, 2012 22:04:12
Plaintiff: AUSTRALIAN GOLD LLC
Defendant: DEVOTED CREATIONS INC.
Cause Of Action: Trademark Infringement