Articles Posted in False Designation of Origin

2018-05-04-BlogPhotoIndianapolis, 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 LLC, a Texas limited liability company, infringed its rights in United States Trademark Registration No. 4,188,135 for “WORLD OF LEGGINGS.” Plaintiff is seeking damages, judgment of infringement, an injunction on the Defendant’s use of the trademark, and recall and destruction of all infringing items.

Plaintiff is a California-based corporation that operates retail stores that specialize in women’s leggings and clothes. These items are marketed under the name “World of Leggings.” According to the complaint, the Plaintiff has invested considerable time and money into developing the World of Leggings brand.

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2018-04-30-BlogPhoto-1-300x56Fort Wayne, Indiana – Attorneys for Plaintiff, ASW, LLC of Columbia City, Indiana filed suit in the Northern District of Indiana alleging that Defendant, Frederick Bisson, of Edmonton, Alberta, Canada infringed its rights in United States Trademark Registration Numbers 3,556,429 for “American SportWorks”, and 5,138,550 for “American LandMaster”. Plaintiff is seeking damages, attorneys’ fees, costs and disbursements, pre-judgment and post-judgment interest, and all other relief just and proper.

Plaintiff is an Indiana-based manufacturer of recreational off-road vehicles, ATVs, UTVs, and go-karts. According to the complaint, Defendant is a Canadian citizen and the owner of the website www.americansportworksparts.com.

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Indianapolis, Indiana – Attorneys for Plaintiff, Luxottica Group S.p.A of Mason, Ohio and Oakley, Inc., of2018-03-21-BlogPhoto-300x186 Foothill Ranch, California filed suit in the Southern District of Indiana alleging that Defendants, Avni Petroleum, Inc. d/b/a Delaware BP of Osgood, Indiana, Pari, Inc. d/b/a Batesville Food Mart of Batesville, Indiana, Rani Petroleum, Inc. d/b/a Batesville Shell, and Sai Petroleum Inc. d/b/a New Point Food Mart of New Point, Indiana infringed its rights in United States Trademark Registration Nos. 650,499, 1,093,658, 1,726,955, 1,080,886, 1,490,305, 2,718,485, 1,320,460, and 3,522,603 all with the Owner of Luxottica Group S.p.A.  Oakley, Inc., is the owner of Trademark Registration Nos. 1,521,599, 1,984,501, 1,990,262, 3,331,124, and 3,365,728.  Plaintiff is seeking injunctive relief, judgment including statutory damages and attorneys’ fees.

Luxottica is an Italian-based corporation that manufacturers and sells luxury eyewear under the “Ray-Ban” trademark. Oakley is a subsidiary of Luxottica that also produces high-end eyewear under the “Oakley” name.

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Indianapolis, Indiana – Attorneys for Plaintiff, AM General LLC, of South Bend, Indiana filed suit in the Southern District of IndianaBlogPhoto-300x110 alleging that Defendants, Activision Blizzard, Inc., and Activision Publishing, Inc., both of Santa Monica, California and Major League Gaming Corp., of New York, New York; infringed its rights for the Trademark Registrations of HUMVEE and HMMWV and the trade dress of its HUMVEE brand vehicles. Plaintiff is seeking compensatory damages, punitive damages, corrective advertising, attorneys’ fees and costs, and prejudgment and post judgment interest.

Plaintiff alleges that Defendant’s series of Call of Duty videogames have consistently infringed by incorporating and allowing players to control vehicles in-game that, allegedly, infringe on Plaintiff’s real-life protected marks. In the complaint, Plaintiff points to various in-game levels that require the player to control a vehicle that allegedly copies the registered trade dress elements, and other moments in the game where the player sees or interacts with vehicles resembling Humvees. Plaintiff also notes in-game dialogue and marks written on the vehicles that mention “Humvee” specifically.

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Heartland-300x75Indianapolis, IndianaHeartland Consumer Products LLC and TC Heartland LLC, of Carmel, Indiana filed suit in the Southern District of Indiana alleging trademark and trade dress infringement, dilution and unfair competition under the Lanham Act, the Indiana State Trademark Act, and the common law of the State of Indiana.

At issue are trademarks covering Splenda®-brand sweetener, which has been approved for use in over 80 countries and used in more than 4000 products globally.  In this Indiana litigation, Heartland claims that some or all of the following trademarks have been infringed: 1544079, 3346910; 4172135, 4165028, 4301712, 4172136, 4165029,4122311, 4187229, 4202774, 4230392, 4238101, 4106164, 4664653, and 4744600.  These trademarks have been registered with the U.S. Patent and Trademark Office.  In addition, Heartland claims ownership of the following pending applications for United States Trademark Registration Serial Nos. 86865337, 87012521, and 87010504.

Defendants in the lawsuit are DineEquity, Inc., Applebee’s Franchisor LLC, Applebee’s Restaurants LLC, Applebees-300x220Applebee’s Services, Inc., International House of Pancakes, LLC f/k/a International House of Pancakes, Inc., IHOP Franchising LLC, IHOP Franchise Company, LLC and IHOP FranIHOP-300x225chisor LLC.  Plaintiff asserts that all Defendants have a principal place of business in Glendale, California.  They are accused of leading customers to believe that they offer Splenda-brand sweetener when they do not.  Plaintiff contends that instead of American-made Splenda, the product offered to the customers is, in fact, “a lower-quality product of China.”

Indiana trademark attorneys for Heartland sued in federal court.  They assert:

  • Count I: Common Law Trademark Infringement and Trademark Infringement under 15 U.S.C. § 1114(1)
  • Count II: False Designation of Origin under 15 U.S.C. § 1125(a)
  • Count III: Unfair Competition
  • Count IV: Trademark Dilution under 15 U.S.C. § 1125(c)
  • Count V: Trademark Dilution under I.C. 24-2-1-13.5
  • Count VII [sic]: Preliminary and Permanent Injunctive Relief
  • Count VIII: Corrective Advertising Damages

Plaintiff asks the court for injunctive relief, costs and attorneys’ fees.  They also seek various types of damages, including actual, statutory, punitive and treble damages.

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Bosch-300x122Hammond, IndianaRobert Bosch, GmbH of Stuttgart, Germany and Robert Bosch, LLC of Broadview, Illinois sued in the Northern District of Indiana alleging trademark counterfeiting, trademark infringement, false advertising and unfair competition.

At issue in this Indiana lawsuit are the following trademarks, which have been registered with the U.S. Patent and Trademark Office:

MARK REG. NO REG. DATE
BOSCH

 

1,637,401

 

Mar. 12, 1991

 

pic 633,563

 

Aug. 28, 1956

 

Defendants in the litigation are Joshua Rayner of Portage, Indiana as well as ten unnamed “Doe” Defendants.  They are accused of “advertising, offering for sale and sale of counterfeit automotive parts” that bear unauthorized copies of Bosch trademarks.
Indiana trademark attorneys for Plaintiffs list the following claims in this federal lawsuit:

  • Count I: Trademark Counterfeiting in Violation of Sections 32 and 34(d)(1)(B) of the Lanham Act
  • Count II: Trademark Infringement in Violation of Section 32 of the Lanham Act
  • Count III: Unfair Competition in Violation of Section 43(a) of the Lanham Act
  • Count IV: False Advertising in Violation of Section 43(a) of the Lanham Act

Plaintiffs seek injunctive and monetary relief, including statutory damages, treble damages and attorneys’ fees.

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South Bend, IndianaJudge Robert L. Miller, Jr. of the Northern District of Indiana dismissed claims concerning trade dress infringement.

In this Indiana trademark lawsuit, Forest River, Inc. of Elkhart, Indiana sued Winnebago Industries, Inc. of Forest City, Iowa and its subsidiary Winnebago of Indiana, LLC alleging trademark infringement, trade dress infringement, unfair competition, false designation of origin, and false and misleading representations.

Overhauser Law Offices, LLC filed a partial motion to dismiss with the court, arguing that Forest River had neither sufficiently identified the features that constituted the claimed trade dress nor provided any factual support for its assertion that such features were non-functional.

The court noted that “to survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678.  The claim is deemed plausible if “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.

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In this litigation, such a showing required that Forest River define its trade dress.  It must also plead sufficient facts to show that the claimed trade dress is nonfunctional, has acquired secondary meaning and that a likelihood of confusion exists between its trade dress and Winnebago’s trade dress.

The court agreed with Winnebago, concluding that Plaintiff had relied on “conclusory and meaningless” assertions in its pleadings. Consequently, it granted Winnebago’s motion and dismissed without prejudice Forest River’s claims concerning trade dress infringement under the Lanham Act, 15 U.S.C. §1125(a) as well as similar claims made under common law.

Overhauser Law Offices represented Winnebago in obtaining this successful order dismissing the trade dress claims.

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EconoLodge-Lafayaette-300x170Lafayette, IndianaChoice Hotels International, Inc. of Rockville, Maryland sued in the Northern District of Indiana alleging trademark infringement under federal and Indiana law.

Choice Hotels is in the business of franchising hotels.  It offers hotel and motel services under the following brands: CAMBRIA HOTELS & SUITES®, COMFORT INN®, COMFORT SUITES®, QUALITY®, SLEEP IN®, CLARION®, MAINSTAY SUITES®, SUBURBAN EXTENDED STAY HOTEL®, ECONO LODGE®, and RODEWAY INN®.

At issue in this Indiana trademark litigation is the Econo Lodge family of trademarks.  These trademarks include U.S. Trademark Nos.:

Evansville, IndianaHenager Family Museum, Inc d/b/a National Veterans Memorial of Buckskin, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement.

Plaintiff operates a military memorial in Indiana under the trademark “NATIONAL VETERANS MEMORIAL,” U.S. Trademark Registration No. 3,420,974.  That trademark was filed “in connection Veterans-300x126with promoting public awareness of the need for reconciliation and recognition by all veterans” and was issued on April 29, 2008 by the U.S. Patent and Trademark Office.

In this Indiana litigation, Henager states that Columbus Downtown Development Corp. (“CDDC”) of Columbus, Ohio is currently developing a museum, scheduled to open in 2018, to be operated under the name “NATIONAL VETERANS MEMORIAL & MUSEUM.”  Henager states that CDDC’s use of this name in a state adjoining Indiana, and in conjunction with the offering of the same type of services, is likely to cause confusion or deceive consumers.   It also contends that CDDC’s use of the purportedly similar name has resulted in CDDC being unjustly enriched at Henager’s expense.

Fort Wayne, Indiana – Super 8 Worldwide, Inc. f/k/a Super 8 Motels, Inc. of Parsippany, New Jersey sued in the Northern District of Indiana alleging trademark infringement and other wrongdoings.

Plaintiff Super 8 operates a franchise system for guest lodging.  It claims ownership to the SUPER 8® service mark as well as various related trade names, trademarks and serviceUntitled-1 marks, some of which have been registered with the U.S. Patent and Trademark Office.  It estimates the value of the entity’s goodwill to exceed hundreds of millions of dollars.

In this Indiana intellectual property lawsuit, Super 8 alleges that former franchisees have violated the terms of a franchise agreement entered into with Super 8.  Three Indianapolis Defendants were listed: Auburn Lodging Associates, LLP (“ALA”), Kokila Patel and Dilip Patel.  A fourth Defendant Chicago Capital Holdings, LLC (“CCH”) of Hinsdale, Illinois was also named.

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