Articles Posted in Unfair Competition

Hammond, Indiana – Trademark counsel for Trans-United, Inc. of Burns Harbor, IN, have filed a lawsuit alleging Trans-United, Inc. of Miami, FL, and its apparent directors infringed Trademark Registration No. 3,567,262 for the mark TRANS-UNITED, as registered with the U.S. Trademark Office for various moving and transport services.

The plaintiff claims to provide “industrial and specialty moving and transport services” throughout the United States and that the defendants have provided moving services throughout the country under the names TRANS-UNITED and/or TRANS-UNITED INC. Plaintiff further claims it received complaints from the defendants’ disgruntled customers and that the defendants registered the Internet domain name transunitedinc.com. Accordingly, causes of action in the complaint include federal trademark infringement and false designation of origin under the Lanham Act, a violation of the Anti-Cybersquatting Consumer Protection Act at 15 U.S.C. § 1125(d), and common law unfair competition.
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South Bend, Indiana – Trademark lawyers for 1A Smart Start, Inc. of Irving, TX, have filed a lawsuit alleging Indiana Safe Start Inc. and Thomas Bjornstad, both of Elkhart, IN, have infringed, among other things, Trademark Reg. No. 2,170,846 for the mark SMART START, which has been registered with the U.S. Patent and Trademark Office in connection with “electronic breath activated ignition lock for automobiles.”

Allegedly, the defendant Bjornstad previously contacted the plaintiff’s franchisee in Indiana and expressed an interest in becoming a franchisee himself, but subsequently began using the mark SAFE START in connection with products similar to those of the plaintiff. In addition to trademark infringement under the federal Lanham Act, additional causes of action allege false designation of origin and unfair competition.
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Fort Wayne, Indiana – Trademark lawyers for Sweetwater Sound, Inc. of Fort Wayne, IN, filed a lawsuit alleging J2 Electronics Group, Ltd. d/b/a Audiolines.com of Chicago infringed Trademark Registration No. 3,652,215 for the mark SWEETWATER, as registered with the U.S. Trademark Office in connection with, among other things, audio recording equipment and online retail store services.

Both parties are in the business of selling “audio recording and reproduction equipment, musical instruments and accessories.” The plaintiff asserts in its complaint that the defendant has misappropriated the registered trademark and is using it in connection with the sale of musical recording products and on its Web site.

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Lafayette, Indiana – Trademark lawyers for Diggz Clothing LLC of Lafayette, IN, filed a lawsuit alleging Digz Clothing, Inc. of Crawfordsville, IN, and its principals have infringed the DIGGZ CLOTHING trademark for retail store services in the field of clothing and accessories and unfairly competed in the marketplace.

Both Plaintiff and Defendants are in the retail store business, selling new and used clothing. The plaintiff claims extensive use of its trademark since 2008 and, already holding an Indiana state trademark registration, has filed Trademark Application Serial No. 85053495 with the U.S. Trademark Office to protect its mark as used in interstate commerce.
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Indianapolis, Indiana – Trademark lawyers for Intex Recreation Corp. of Long Beach, CA, filed a complaint alleging General Foam Plastics Corp. of Norfolk, VA, infringed the following trademarks registered with the U.S. Trademark Office: Trademark Registration No. 2,385,605 for the mark SNAPSET in connection with play swimming pools and Trademark Registration No. 2,825,743 for the mark SWIM CENTER in connection with non-metal swimming pools.

The complaint states that, like the plaintiff, the defendant advertises and sells swimming pools and “related aquatic products” and subsequently started doing so under the marks SNAP SET and SWIM CENTER. The causes of action raised are trademark infringement and unfair competition, with injury allegedly occurring in the Southern District of Indiana.
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