Articles Posted in Conversion

Fort Wayne, Indiana – Attorneys for Plaintiff, North American Van Lines, Inc. (“NAVL”) of Fort Wayne, Indiana, filed suit in the Northern District of Indiana alleging that Defendant, Kettering Moving and Storage, Inc. (“Kettering”) of Dayton, Ohio, infringed its United States Trademark Registrations.

 

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NAVL is seeking preliminary and permanent injunctions, profits, actual damages, costs and attorney’s fees, investigatory fees, and further relief the court deems appropriate.

NAVL claims it has been providing transportation services since 1933 and has been using the marks NORTH AMERICAN and NORTH AMERICAN VAN LINES in connection with those services for many years. According to the complaint, there are seven registered marks at issue in this case. NAVL claims it has licensed companies to act as NAVL Agents including the right to use NAVL’s registered marks, but it has been careful in limiting such licensing activities. NAVL asserts that through its use of its registered marks and the control it maintained in their use through licensing agreements, the registered marks have acquired a secondary meaning.

Per the complaint, Kettering provides moving and storage services throughout the world. NAVL claims it had an agency contract with Kettering prior to July 24, 2018 in which Kettering was allowed to use NAVL’s registered marks. However, NAVL asserts that it terminated that relationship through a letter sent to Kettering on July 24, 2018. After being informed Kettering was still utilizing NAVL’s registered marks, NAVL claims it informed Kettering to cease and desist on February 28, 2019. NAVL claims Kettering disregarded this cease and desist and continues to display NAVL’s registered marks on its vehicles and signs.

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Indianapolis, Indiana – Attorneys for Plaintiff, Trade Design Studio LLC (“TDS”) of Indianapolis,Photo2 Indiana filed suit in the Southern District of Indiana alleging that Defendants, 1824 Carrollton LLC of Fishers, Indiana, T.A.K.E 3 Investments LLC of Camby, Indiana, and Tena Allen of Camby, Indiana, infringed its rights in United States Copyright Registration No. VA 2-142-029. Plaintiff is seeking judgment, damages, reasonable attorney’s fees, and any other appropriate relief.

According to the complaint, TDS is a residential architectural design firm that has designed homes for clients primarily in Herron Morton Place, Fall Creek Place, and Kennedy King neighborhoods in downtown Indianapolis since 2006. TDS claims that no two of its homes are exactly alike. TDS alleges it drafted technical drawings (the “Technical Drawings”) for a new home to be built at 2134 N. New Jersey Street, Indianapolis, Indiana in 2017 (the “TDS Home”). According to TDS, the home was completed in April 2018 and sold for $700,000 in May 2018.

After the home sold, TDS applied for Certificates of Copyright Registration for the Technical Drawings, Registration No. VAu 1-350-598, and the Architectural Work, Registration No. VA 2-142-029. TDS claims they were informed of a home being built at 1824 Carrollton Avenue (the “Carrollton Home”) in the Kennedy King Neighborhood that was very similar to the TDS Home around February 28, 2019. Once TDS accessed and reviewed the construction permits and drawings for the Carrollton Home, it claims they were virtually identical to those for the TDS Home.

According to the publicly accessible information TDS found, it believes Tena Allen and T.A.K.E. 3 Investments applied for the construction permits and submitted the technical drawings for the Carrollton Home. Further, TDS believes 1824 Carrollton LLC is the current owner of the property for the Carrollton Home. TDS alleges it sent Defendants a cease and desist letter on March 28, 2019 and after a short suspension of construction to explore negotiations, Defendants resumed construction on or about April 8, 2019.

TDS is seeking damages for copyright infringement, conversion, and criminal conversion pursuant to the Indiana Crime Victims Recovery Act.

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Indianapolis, Indiana – Attorneys for Plaintiffs, LeSEA, Inc., Family Broadcasting Corporation (“FBC”), and LeSEA Global Feed theblogphoto-300x67 Hungry, Inc., all three Indiana non-profit corporations, filed suit in the Northern District of Indiana alleging that Defendants, LeSEA Broadcasting Corporation (“LBC”), a Colorado non-profit Corporation, Lester Sumrall of Bristol, Indiana, Dr. John W. Swails III of Tulsa, Oklahoma, and Edward Wassmer, Vice President of LBC, infringed its rights in United States Registration No. 2,206,912 for “LESEA GLOBAL FEED THE HUNGRY” and United States Registration No. 2,122,820 for “LESEA GLOBAL”. Plaintiff is seeking damages, litigation expenses, reasonable attorneys’ fees and costs.

LeSEA, Inc. was founded in 1957 by Dr. Lester Frank Sumrall, now deceased, and has been a Christian, non-profit operating a variety of ministries including a bookstore and a Bible college ever since. LeSEA Global oversees food and disaster relief efforts for LeSEA, Inc. and has delivered more than $200 million of food and supplies to hungry people around the world through generous donations. FBC, formerly known as LeSEA Broadcasting, operates television and radio stations along with a 24-hour prayer line, and other religious based programs.

According to the Plaintiffs, Defendant Lester Sumrall (“Lester”) has a false belief that he is the “rightful spiritual and legal heir” of LeSEA and based upon this belief, he has continually acted in an abusive, harassing manner towards LeSEA and his family members involved in the company. As such, Lester has attempted to interfere with LeSEA’s relationships with its lenders and clients, sought injunctions against it, and filed improper leans against LeSEA. Lester issued multiple press releases, utilizing the LeSEA registered marks, spreading false claims about LeSEA stating that it was under investigation by The Office of the Indiana Attorney General and that it had been mismanaged, which could endanger the organization’s tax-exempt status. Lester has also tried to interfere with the administration of multiple family members’ estates and even a family member’s divorce due to his false beliefs.

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Indianapolis, Indiana – Attorneys for Plaintiff, Home Care Providers, Inc. and Dr. Dev A. Brar, of Indianapolis, Indiana filed suit in the Southern District of Indiana against Defendant, Shawn R. Bashore, of Carmel, Indiana. This suit was filed for inventorship of the United States Patent No. 9,668,328 (“the ‘328 Patent”), Night-Light2017-11-07-BlogPhoto-300x189 and Alert System, for constructive fraud, and conversion of the patent. Plaintiff is seeking declaratory judgment, lost profits, and reasonable costs and attorneys’ fees.

The ‘328 Patent is for a system including a mat and a wirelessly-connected light, the purpose of which is to allow an individual to rise from bed and turn on the lights by stepping on the mat.

According to the complaint, Plaintiff alleges that Defendant, while overseeing development of the invention, represented himself as a co-inventor on the patent application, which violated provisions of the employment agreement requiring that all material created would belong to Plaintiff. Further, according to the complaint, Defendant has attempted to profit from licensing the invention.

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Indianapolis, Indiana – Plaintiffs Acushnet Company of Fairhaven, Massachusetts, Roger Cleveland Golf Company, Inc. of Huntington Beach, California and Dunlop Sports Co. Ltd. of Hyogo, Japan filed a trademark lawsuit in the Southern District of Indiana.  This intellectual property litigation, commenced by an Indiana trademark litigator for Plaintiffs, was filed against both an individual and a business entity.

Listed as Defendants in this lawsuit are Giorgio Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, an individual, and Custom Golf Solutions, LLC, individually and jointly, doing business under the names “bogie’s nearly new golf,” “gnunns81” and “golfcustomsolutions15.”  Defendants operate in Indianapolis and Carmel, Indiana.

Defendants are accused of engaging in the sale of counterfeit products and infringing upon Plaintiffs’ trademarks.  The following trademarks, to which Acushnet claims ownership and/or an exclusive license, are at issue:

Trademark Registration No. Registration Date Class/Goods
 Tiltleist 1,155,766 26 May 1981 IC 28: golf equipment, namely golf balls, golf clubs and golf bags.
 T 3,376,961 5 February 2008 IC 24: golf towels

IC 25: golf clothing, namely jackets, shirts, hats and visors.

IC 28: golf equipment, namely golf putters, golf club head covers, golf club grips and divot tools.

 crown 2,620,432 17 September 2002 IC 28: golf clubs and accessories, namely golf tees, golf gloves, golf bags, golf putters, golf drivers, golf woods, golf irons, golf green repair tools, golf club covers and golf bag covers.
 ScottCameron 3,421,373 6 May 2008 IC 28: golf equipment, namely golf bags.

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Indianapolis, Indiana – An intellectual property attorney for J & J Sports Productions, Inc. of Campbell, California filed three new lawsuits in the Southern District of Indiana, each alleging interception.

Defendants in the three lawsuits are alleged to have unlawfully intercepted and broadcasted a championship fight, Floyd Mayweather, Jr vs. Marcos Rene Maidana, WBC Welterweight Championship Fight Program, on May 3, 2014. J & J Sports states that it is the exclusive domestic commercial distributor of this program.

The first lawsuit was filed against Luxe Lounge, Inc. and John Hawkins, an officer of the company. Both Defendants were sued doing business as Luxe Lounge, which operates in Indianapolis. Hawkins was also sued individually.

The second lawsuit lists as Defendants Rest Mex, Inc. as well as Samuel Barrera and Benito Brito Flores, both officers of the company. All Defendants were sued doing business as Taqueria Jalisco of Indianapolis, Indiana. Barrera and Flores were also sued individually.

The final lawsuit was filed against Don Marcos, Inc. and Jose Diaz-Chavez, an officer of the Indianapolis corporation. Both Defendants were sued doing business as Don Marcos Restaurante and Taqueria. Diaz-Chavez was also sued individually.

The three complaints, filed by intellectual property counsel for J & J Sports, are similar, each listing three claims:

• Count I: Violation of Title 47 U.S.C. Section 605
• Count II: Violation of Title 47 U.S.C. Section 553

• Count III: Conversion

J & J Sports asks the Indiana court for damages, attorneys’ fees and costs.

Practice Tip: The interception claim has a two-year statute of limitations, which explains why these complaints were filed on April 29, 2016, almost exactly two years after the broadcast date of the program at issue. J & J Sports and similar plaintiffs are frequent litigants, filing thousands of lawsuits per year, usually seeking a settlement instead of litigation. It appears that many of them are also filed near the eve of the two-year anniversary of the broadcast of the program at issue in each individual lawsuit.

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Indianapolis, Indiana – Indiana trademark attorneys for Countrymark Refining and Logistics, LLC of Indianapolis, Indiana filed a trademark lawsuit against Coop Fuels Inc. of Morrisville, North Carolina. The complaint asserts direct and contributory trademark infringement, false designation of origin, and unfair competition arising under the Lanham Act as well as claims under Indiana law.

At issue are two trademarks owned by Countrymark, U.S. Registration Nos. 2,657,529 and 2,679,308 for the CO-OP trademark, which have been registered with the U. S. Patent and Trademark Office.

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Defendant Coop Fuels is alleged to have infringed these trademarks by using “coop” to market its competing products.

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Additionally, Countrymark contends that Coop Fuels has also knowingly induced and materially contributed to its retail partners’ unauthorized adoption and use of Countrymark’s trademarks.

In this lawsuit, Indiana trademark lawyers for Countrymark list the following allegations of wrongdoing:

• Count I: Infringement of Federally Registered Marks – 15 U.S.C. § 1114
• Count II: False Designation of Origin and Unfair Competition – 15 U.S.C. § 1125(a)
• Count III: Contributory Trademark Infringement
• Count IV: Common Law Unfair Competition
• Count V: Deception – Indiana Code § 35-43-5-3(a)(6)
• Count VI: Conversion – Indiana Code § 35-43-4-3

• Count VII: Indiana Crime Victim’s Relief Act- Indiana Code § 35-24-3-1

Countrymark asks the federal court for injunctive relief, actual and treble damages, attorneys’ fees and costs.

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Evansville, Indiana – An Indiana trademark attorney for Plaintiff Kimball International, Inc. (“Kimball”) of Jasper, Indiana filed an intellectual property lawsuit in the Southern District of Indiana.

Defendant COA, Inc. d/b/a Coaster Company of America (“Coaster”) of Santa Fe Springs, California is accused of infringing Kimball’s Trademark KIMBALL, Reg. No. 1,180,193, which has been registered with the U.S. Patent and Trademark Office, by using the trademark without authorization.

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In addition to direct trademark infringement, Kimball asserts counts of contributory trademark infringement, false designation of origin, unfair competition arising under the Lanham Act as well as violations of the statutes and common law of the State of Indiana.

In particular, Kimball asserts that some of Coaster’s retail partners have infringed the KIMBALL trademark at Coaster’s behest, including retail giant Sears. As an example of this alleged contributory infringement, Kimball cites Bradley Home Furnishings’ website, which Kimball states features an unauthorized “Kimball Bedroom Collection” that originated from Defendant Coaster:

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Kimball indicates in the complaint that it first informed Defendant less than a month before this lawsuit was filed that it believed it held superior rights to the KIMBALL trademark but states that Coaster “continues its unlawful use of the KIMBALL Mark and continues to encourage, induce, and materially contribute to its retail partners’ unlawful use of the KIMBALL Mark.”

In this litigation, filed by an Indiana trademark lawyer for Kimball, the following counts are alleged:

• Count I: Infringement of Federally Registered Marks – 15 U.S.C. § 1114
• Count II: False Designation of Origin – 15 U.S.C. § 1125(a)
• Count III: Contributory Trademark Infringement
• Count IV: Common Law Unfair Competition
• Count V: Deception – Indiana Code § 35-43-5-3(a)(6)
• Count VI: Conversion – Indiana Code § 35-43-4-3

• Count VII: Indiana Crime Victim’s Relief Act – Indiana Code § 35-24-3-1

Among other remedies, Kimball seeks equitable relief, actual and treble damages, costs and attorneys’ fees.

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Hammond, Indiana – An intellectual property attorney for Plaintiff DirecTV, LLC of California filed a signal-interception lawsuit in the Northern District of Indiana. It is alleged that Defendants Jorge Aguilera and Patricia Huerta of Delphi, Indiana and Rose Aguilera of Lafayette, Indiana acted unlawfully individually and on behalf of Defendant Pollo Feliz, Inc., which is located in Lafayette, Indiana.

Plaintiff DIRECTV offers encrypted satellite programming on a subscription basis. Customers who pay the appropriate fee are provided with special equipment to unscramble the broadcasts so that they may be viewed.

Fees charged to residential customers are lower than those charged to commercial establishments. DIRECTV states that customers “can surreptitiously gain access to DIRECTV programming without proper authorization by subscribing to DIRECTV services under a residential account and then installing/moving the equipment to their businesses and utilizing those services in a commercial environment.”

Defendant Pollo Feliz, Inc. operates a Mexican restaurant. The individual Defendants allegedly serve as officers, directors, shareholders and/or principals of Pollo Feliz. Defendants are accused of broadcasting DIRECTV content at a commercial establishment, Pollo Feliz, without the proper commercial license. Plaintiff contends that this conduct violates 18 U.S.C. §§2511 and 2512, 47 U.S.C. §605 and Indiana law.

In its complaint, filed with an Indiana federal court by an intellectual property lawyer for Plaintiff, the following counts are alleged:

• Count 1 – Damages for Violations of Cable Communications Policy Act [47 U.S.C. §605(e)(3(C)]
• Count 2 – Damages for Violations of 18 U.S.C. §2511
• Count 3 – Civil Conversion

DirecTV seeks equitable relief along with damages, including punitive damages, costs and attorney’s fees.

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Hammond, Indiana – Plaintiff Joe Hand Promotions, Inc. of Feasterville, Pennsylvania filed an intellectual property lawsuit in the Northern District of Indiana alleging unlawful interception of content protected under federal intellectual property laws. The Defendants are Whitney Chapman, individually and d/b/a Showtime Bar and Grill, and Showtime Bar & Grill LLC, also d/b/a Showtime Bar and Grill. Showtime Bar and Grill operates in Gary, Indiana.

Joe Hand is a commercial distributor of sporting events. It states that it was granted exclusive rights to distribute via closed-circuit telecast the “Ultimate Fighting Championship 168: Chris Weidman v. Anderson Silva” championship fight, which was telecast nationwide on Saturday, December 28, 2013.

In this federal lawsuit, filed by an intellectual property attorney for Plaintiff, Defendants are accused of such wrongful acts as interception, reception, publication, divulgence, display, exhibition, and tortiously converting the fight program.

In addition to naming Showtime Bar and Grill LLC, Joe Hand has also sued Chapman as an individual, asserting that she had the right and ability to supervise the activities of the establishment and that, included in those activities, was the unlawful interception of the program.

Plaintiff asserts that, in addition to conversion of the program, Defendants have violated 47 U.S.C. § 605 and 47 U.S.C. § 553. Joe Hand seeks damages, including additional damages for any violation deemed willful as well as costs and attorneys’ fees.

Overhauser Law Offices, the publisher of this website, has represented several hundred persons and businesses accused of infringing satellite signals.

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