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.
The defendants allegedly opened a similarly-named clothing establishment in late 2009, less than thirty miles from the plaintiff’s store. The complaint points to confusion from customers as to whether there is some sort of connection between the two stores, including complaints about the quality and selection of goods at the defendants’ shop.
This case has been assigned to Judge Theresa Springmann and Magistrate Judge Paul Cherry in the Northern District of Indiana, and assigned case no. 4:10-cv-00045-TLS-PRC.Complaint – Diggz v. Digz
Further information about this case is as follows:
Filed: May 27, 2010 as 4:2010cv00045 Updated: May 28, 2010 20:37:56
Plaintiff: Diggz Clothing LLC
Defendants: Digz Clothing Inc, Reagan Williams and Shawn Williams
Judge: Theresa L Springmann
Cause Of Action: Trademark Infringement
Seventh Circuit > Indiana > Northern District Court
Type:Intellectual Property > Trademark