Articles Posted in Trademark Infringement

Evansville, Indiana – Plaintiff HealthSmart Foods, Inc., has brought a Trademark infringement suit against Menlo Park, California Defendants Beth Porter and Sweet Nothings, Inc.  In addition to infringement claims, the suit also alleges Unfair Competition, Trademark Dilution, and Deceptive Trade Practices.

SweetNothingsBites-298x300According to the complaint, HealthSmart has been manufacturing, marketing, and selling health food snacks that include a line of chocolates, candies, nut butter food snacks with chocolate/peanut butter flavors, and chocolate/banana/peanut butter flavors, under the SWEET NOTHINGS Trademark (registration no. 5,306,700).  HealthSmart claims that it has marketed and sold these products on its website, on Amazon.com, and in stores across the country.

The Plaintiff’s suit claims that the “Defendants have used a mark [SWEET NOTHINGS] identical in appearance, sound, and meaning for substantially similar products.” HealthSmart alleges that the Sweet Nothings, LLC, owner, Beth Porter, used the mark even though she became aware of the similarities when the United States Patent and Trademark Office twice refused to issue Porter a Trademark Registration for the SWEET NOTHINGS Mark due to the likelihood of confusion with HealthSmart’s SWEET NOTHINGS Mark.  To remedy this, the Plaintiff claims, Porter submitted statements that her products would be exclusively frozen, fruit would be the primary ingredient, and they would contain chia seeds, flax seeds, and dates.  However, HealthSmart argues that Porter has since manufactured and sold “Nut Butter Bites,” which is a candy that is not frozen, nor does it contain fruit as a primary ingredient, nor is it comprised of chia seeds, flax seeds, or dates.

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt, for infringement of its federally registered trademark TILT, in association with arcade, amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).

According to the complaint, Plaintiff Nickels and Dimes opened their first TILT arcade in 1977, inside the Six Flags Mall, in Arlington, TX, and has since owned and operated 200 TILT arcades in the U.S.  NickTiltStudio2-300x225els and Dimes states that it then began using the Trademark TILT STUDIO in 2010, and the TILTED 10 Trademark in 2021, in association with arcade games and indoor entertainment.

The Defendant, Noah’s Arcade, allegedly opened their arcade in 2022 under the mark FULL TILT and has been accused of using the mark in their marketing and advertising, to which the Plaintiff claims infringement of their trademarks TILT, TILT STUDIO, and TILTED 10.  The Plaintiff argues that the products sold under Noah’s FULL TILT mark are identical or highly similar to those that Nickels and Dimes sell under their trademarks.  In addition, the Plaintiff contends that Noah’s Domain Name is similar to Plaintiff’s TILT STUDIO and TILTED 10 marks, which could potentially cause confusion among the customer base who may assume an affiliation between the two entities.

Indianapolis, Indiana – The Plaintiff, Delta Faucet Company (“Delta”), founded in 1954, known as “America’s Faucet Innovation Leader” filed suit against Amazon Storefront Owner Ben Watkins (“Watkins”) for Trademark Infringement under 15 U.S.C. §§ 1114, Unfair Competition under 15 U.S.C. 1125(a) and Common Law Trademark Infringement and Unfair Competition.

According to the complaint, Delta markets and sells high quality kitchen, bar, beverage, bathroom, and tub faucets; pot fillers; sink and counter accessories; showerheads; bathing products; towel bars and similar accessories.  Delta allows its products to be purchased by end-user consumers in the United Sates only from Delta itself of from sellers who are expressly authorized by Delta to sell Delta Products (“Authorized Sellers”). Delta permits Authorized Sellers to sell Delta Products in approved channels only and requires Authorized Sellers to abide by agreements, policies, and other rules that impose requirements relating to quality controls, customer services, and other sales practices (collectively, the “Delta Rules”).

Delta has registered numerous trademarks with the United States Patent and Trademark Office including those listed in the table below:

BlogPhotoCrown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc. (“Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. § 1125(a)(1)(A), Indiana Common Law Trademark Infringement in violation of Ind. Code § 24-2-1-13.5 and Common Law Unfair Competition.

According to the complaint, Albert’s was established in 1905 in a tiny storefront in East Chicago, Indiana.  They have grown to one of the largest and most successful family-owned jewelers in the entire country.

Cullen Wulf took over ownership of AaLand Diamond Jewelers in mid-2015, per their website. They tout to be the go-to-store for Northwest Indiana residence looking for custom jewelry, diamond engagement rings, and jewelry repairs. They also proclaim to be Northwest Indiana’s trusted gold & diamond buyer.

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https://www.iniplaw.org/wp-content/uploads/sites/366/2023/03/1.4G-BlogComparisonPhoto-1.jpgMuncie, 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.

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BlogPhoto-150x150Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC, filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for participating in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Roller Ready, LLC is a company that manufactures and sells rollers for various purposes, including painting, cleaning, and home improvement projects.  Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers.  The founders developed a new product that would allow users to clean paint rollers quickly and easily.  The product, called the Roller Ready System, is a self-contained unit that allows users to clean paint rollers with a minimal amount of water and effort.

Monkey Rung is a product development company that is marketed by LA Systems, LLC which is owned and operated by Paul Kiley.

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BTL-Photo-300x258Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc.  filed suit against Defendant, JV Medical Supplies, Inc.  for  trademark infringement,  false advertising and patent infringement.

BTL Industries, founded in 1993, is a leading manufacturer of non-invasive medical devices that are used for cosmetic and therapeutic purposes. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The device is used for body contouring, muscle strengthening, and rehabilitation. The FDA has cleared EMSCULPT for non-invasive treatment for the abdomen, buttocks, arms, calves and thighs.

JV Medical Supplies, a competitor of BTL Industries, also manufactures a similar medical device called the Muscle Stimulator. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications. The Indiana Secretary of State indicates that the corporation was created in 2021.

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Indianapolis, Indiana – The Plaintiff, Gema USA, Inc. (“Gema”) is a Switzerland based company that was founded in 1897 as a metalworking company and operates out of Indianapolis.  Since 2012, Gema has been a part of the global Graco Group, an internationally leading manufacture of liquid conveyance systems and components.  According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems.  Gema sells a variety of powder guns and spray equipment in this district and throughout the United States.

The Defendant, First in Finishing, Inc., according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema.  First in Finishing, Inc.’s mission statement is listed to “Provide quality and reliable powder coating solutions while saving and controlling costs to customers.”  They allege to be an Integrator of Gema Products, not a Gema Distributor.

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HonestAbeLogoTerre 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.

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OakleyBlogPhoto-300x96Indianapolis, Indiana – The Plaintiff, Oakley, Inc. (“Oakley”), is an American company operating as an independent subsidiary of Luxottica Group S.p.A.  Oakley designs, develops and manufactures sports equipment and lifestyle pieces including, sunglasses, sports visors, ski/snowboard googles, watches, apparel, backpacks, shoes, optical frames, and other accessories.  Oakley currently holds more than 600 patents for eyewear, materials and performance gear and numerous trademark registrations.

The Defendant, Batter’s Box, LLC (“Batter’s Box”) is an Indiana limited liability company having a principal place of business at 3510 S. Keystone Avenue, Indianapolis, Indiana.   According to the Complaint, Shawn Lessor and Brandi Pierson are listed as principal owners, officers, managers and directors of Batter’s Box. Their website describes them as a state of art, year round, indoor facility with over 20,000 square feet of training area, and 18 multi-use indoor batting and pitching tunnels.  It is also reported that Batter’s Box engages in the sale of sunglasses and related accessories at youth sports tournaments in Indiana, as well as through its own retail sporting goods store.

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