False Designation of Origin

March 28, 2023

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 Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘76 Pro Line. Per their website, ’76 Pro Line’s mission is to provide high quality 1.54g fireworks for hobbyists, enthusiasts, professional shooters, and display companies. ’76 Pro Line items have been featured in displays and product demonstrations at several annual events including Western Winter Blast, Pyrotechnics Guild International, Cobra-Con, and the National Fireworks Association Expo.

North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. (“NCI”) are companies that also produce and sell consumer fireworks. According to its website, NCI is a second-generation, family-owned direct importer and wholesaler of customer 1.4G fireworks. With over 68 years of experience, they serve every pyro need with two distribution points in Muncie, Indiana and Forest Park, Georgia.

February 23, 2023

Former Employees and their New Employer Sued Over Stolen Software

By Overhauser Law Offices, LLC

Evansville, Indiana – The Plaintiff, MaddenCo, Inc. (“MaddenCo”) filed suit against former employees, James Reed (“Reed”) and Dru Darby (“Darby”) along with their new employer HG Autotech LLC (“HG Autotech”) for Breach of Contract, Breach of Fiduciary Duties, Tortious Interference, Copyright Infringement, False Advertising, False Representations, False Designations of Origin, Reverse Passing Off and Unfair Competition.

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers. MaddenCo provides systems for retail, wholesale, commercial and retreading operations for independent tire dealers, and retail and commercial solutions for service centers for truck stops, with full integration to their own accounts payable and general ledger solutions. MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022.

December 2, 2022

Honest Abe Roofing Sues Franchisee for Violation of Agreements

By Overhauser Law Offices, LLC

Terre Haute, Indiana – The Plaintiff, Honest Abe Roofing Franchise, Inc. (“Honest Abe”), is an Indiana Corporation with its principal place of business in Terre Haute, Indiana. Honest Abe has been installing, repairing, and maintaining residential roofs since 2005. They have numerous locations in multiple states.

The Defendants, DCH & Associates, LLC, and Honest Abe Roofing of Macon Georgia, LLC, are Georgia Limited Liability Companies. Dameion Harris and Christine Harris are listed as residents of Dacula Georgia and are the sole members of both LLC’s.

July 28, 2022

Lafayette Interior Fashions Sues Competitor for Trademark Infringement

By Overhauser Law Offices, LLC

Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB) conducts business under the business name “Lafayette Interior Fashions” in West Lafayette, Indiana. LVB is in the business of designing, manufacturing and selling window treatments, blinds and shades. LVB has a federal trademark registration, with the USPTO, for the word mark GENESIS under Registration No. 3344243 in Class 20 for “window blinds, window shades, and venetian blinds.”

Defendants, Coulisse Distribution LLC and Coulisse Holding USA Inc. (“Coulisse”), are a Florida based company that sells Window Coverings and according to the Complaint sell a certain brand of window treatments and window components for their “Roller Blinds” product under the name “Genesis.” According to the Complaint, LVB has requested Coulisse cease and desist using the mark GENESIS on its products as it is likely to cause confusion with their products because the Infringing Marks are identical or nearly identical to their mark in sound, appearance and meaning.

July 21, 2022

Thrivent Sues for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Thrivent Financial for Lutherans (“Thrivent”), is a fraternal benefits society established in 1902 with over 2 million members and over $100 billion in assets under management or advisement. Thrivent and its licensees offer a wide variety of services and products to their members and customers under the THRIVENT Trademarks (listed below), including insurance and annuity products, financial and business advising, mutual funds and investments, individual retirement accounts, trust accounts, financial advisory services, banking and credit union services, lending services, and debit and credit card services.

June 29, 2022

AAA Sues Local Body Shop for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The American Automobile Association, Inc. (“AAA”), the Plaintiff, is a not-for-profit, non-stock Connecticut Corporation. AAA provides approximately 60 million members with products and services throughout the United States and Canada. The products and services include automobile repair services at its AAA Car Care Centers and through AAA Approved auto repair businesses, financial advice, insurance and warranty coverage, and discounts. AAA provides its products and services through local AAA member clubs, including AAA Hoosier Motor Club. Since as early as 1902, AAA has uses more than 150 trademarks in connection with automobile-related products and services offered to its members.

June 23, 2022

YouTube Celebrity “Omi in a Hellcat” Sued for Trademark Infringement

By Overhauser Law Offices, LLC

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. NuStar was granted a registration for its mark RELOADED® under Registration No. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania.

According to the Complaint, NuStar learned that Bill Omar Carrasquillo, a rapper and YouTube celebrity known as “Omi in a Hellcat,” intended to start an apparel company under the brand name RELOADED. NuStar sought to work out a licensing arrangement with Mr. Carrasquillo’s agent. These efforts fell apart in late 2019.

September 15, 2021

Gardens Alive d/b/a Weeks Roses Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

New Albany, Indiana – Poulsen Roser A/S (“Poulsen”), the Plaintiff, is a family-owned company allegedly world-famous for breeding distinctive rose varieties. Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. In addition to being a world-renowned rose and receiving numerous awards, the INGRID BERGMAN rose was apparently inducted into the World Federation of Rose Societies’ Rose Hall of Fame in 2000.

Poulsen claims the Mark, protected under U.S. Federal Trademark Reg. No. 2,990,814 (the “‘814 Registration”), has been used in U.S. commerce continuously since 1986. Pursuant to 15 U.S.C. § 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Only Poulsen possesses the consent of the heirs of the actress Ingrid Bergman to use her name in connection with roses.

August 18, 2021

Get 2 Go Sued for Alleged Trademark Infringement of getGo®

By Overhauser Law Offices, LLC

Ft. Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. (together with Phoenix “Giant Eagle” or “Plaintiffs”) for its use in connection with its getGo® Convenience Stores. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. The acquired stores allegedly include four former Rickers stores in Fort Wayne, Indiana.

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

Mark	U.S. Registration No.
GETGO	2,927,502
	4,864,242
	4,864,240
getGo	4,766,055
	4,864,437
	4,864,438
getGo	5,037,377
	5,038,064
	5,037,370
Get To Know GetGo	5,991,999
getGo	6,158,214
	6,158,213

August 9, 2021

Monster Energy Co. Sues Fitness Company for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

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, clothing, bags, sports gear, helmets, and promotional materials that use the Claw Icon in connection with the colors black and green (the “Monster Trade Dress”). Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).