New Albany, Indiana – By counsel, CNH America, LLC of Racine, WI, has filed a trademark infringement suit against Davis Equipment Sales & Service, Inc. of Salem, IN, alleging infringement and dilution of the NEW HOLLAND mark and logo, which have been registered by the U.S. Trademark Office, and unfair competition.
The plaintiff manufactures agricultural products and related equipment, while the defendant served as an authorized dealer of those products. The complaint alleges that the defendant, following termination of the dealer agreement, has not complied with its obligation to remove all signs and advertising displays bearing the asserted trademarks, thereby infringing the Lanham Act and Indiana state unfair competition and dilution laws.
Practice Tip: Trademark dilution is a cause of action, under both federal and state law, by which the owner of a “famous” trademark may seek to prevent others from using the mark in a way that would lessen its uniqueness, even in the absence of any likelihood of confusion or competition.
Further information about this case is as follows:
Filed: November 9, 2010 as 4:2010cv00141 Updated: November 9, 2010 22:37:36
Plaintiff: CNH AMERICA, LLC
Defendant: DAVIS EQUIPMENT SALES & SERVICE, INC.
Presiding Judge:Richard L. Young
Cause Of Action: Trademark Infringement