Indianapolis, Indiana – KS Equity Company, LLC (“KS”), the Plaintiff, operates a convenience store, Leo’s Market and Eatery (the “Leo’s Store”) in Indianapolis, Indiana. KS claims to own and use the following U.S. Trademark Reg. Nos. 5886802, 5886803, 5892871, and 5962680 (collectively, “Leo’s Trademarks”) in connection with the Leo’s Store. According to the Complaint, KS has also developed trade dress in the unique design elements of the Leo’s Store (“Leo’s Trade Dress”).
KS claims Defendants, RSM Investments LLC, Raghbir Singh, Pushpinder Singh, York Multani, and York Singh (collectively, “Defendants”), operate a convenience store or gas station called Leon’s in Indianapolis, Indiana (the “Leon’s Store”). Per the Complaint, the Leon’s Store is located approximately 22 miles away from the Leo’s Store and uses a confusingly similar name and logo compared to the Leo’s Trademarks. The brand of fuel sold in connection with each store, Marathon, allegedly exacerbates the potential customer confusion between the two stores.
KS is claiming the Defendants actions have resulted in trademark infringement pursuant to 15 U.S.C. § 1114, infringement and counterfeiting of the Leo’s Trademarks, and violation of 15 U.S.C. § 1125(a) by using trade dress virtually identical to the Leo’s Trade Dress. KS is further seeking damages for false designation of origin, common law unfair competition, and violation of the Indiana Deceptive Sales Practices Act pursuant to Ind. Code § 24-5-0.5-1 et seq.