Articles Posted in Trademark Infringement

Blog-Photo-300x292Indianapolis, Indiana – The Plaintiffs, PUMA SE and PUMA North America Inc. (“PUMA”), are world leaders in the sportswear industry.  PUMA SE, based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories.  PUMA North America Inc. is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue.

PUMA applied for a Federal Trademark registration under Application Serial No. 97171928 for the mark NITRO for footwear, namely, running shoes, training shoes, and basketball shoes.  According to the Complaint, in or around December 2021, PUMA requested the Defendant, Brooks Sports, Inc. (“Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. The parties were unable to reach a settlement.

PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark.

Continue reading

https://www.iniplaw.org/wp-content/uploads/sites/366/2022/07/AboutUs_PeopleandFacilities1.JPG_h2448-w3264-300x225.jpgLafayette, 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.

Continue reading

BlogPhotoMishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):

              • Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
              • Video Work Beyond human- -the last call (Certificate Number PA000867224)
              • Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
              • Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
              • Federal Trademarks:
                1. HEAVEN’S  GATE Registration No. 3,824,482
                2. HEAVEN’S GATE  Registration No. 3,816,596
                3. tradmark        Registration No. 5,148,959

Continue reading

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.

2022-07-19-BlogPhoto-300x227

Continue reading

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.

BlogTable-300x204 Continue reading

Omi-300x300Merrillville, 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.

Continue reading

USPTO-Ribbon-Photon-300x169

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 established an administrative process for investigating submissions filed with the USPTO in trademark matters that appear to violate the Trademark Rules of Practice, including the rules concerning signatures, certificates, and representation of others in trademark matter before the USPTO and/or the USPTO website’s Terms of Use; and imposing sanctions, as appropriate.  Under this process, when a submission appears to violate the Trademark Rules of Practice or the USPTO website’s Terms of Use, the USPTO will issue administrative orders that may result in sanctions being imposed. Sanctions may include:

  • Striking submissions
  • Precluding parties from appearing before the USPTO
  • Terminating USPTO.gov accounts
  • Terminating proceedings

Continue reading

Image-IngridBergmanRoseNew Albany, IndianaPoulsen 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.

Continue reading

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
Picture3 4,864,242
4864240-PICTURE 4,864,240
getGo 4,766,055
Picture3 4,864,437
4864240-PICTURE 4,864,438
getGo 5,037,377
Picture3 5,038,064
4864240-PICTURE 5,037,370
Get To Know GetGo 5,991,999
getGo 6,158,214
Picture3 6,158,213

Continue reading

Hammond, IndianaMonster 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”).

Continue reading

Contact Information