Lorillard Tobacco Sues Always Open for Trademark Infringement, Counterfeiting, and Unfair Competition


Hammond, Indiana – Trademark lawyers for Lorillard Tobacco Company of Greensboro, NC, filed a lawsuit alleging Always Open Franchising Corporation d/b/a Always Open of Dyer, IN, has infringed the following trademarks as registered with the U.S. Trademark Office: Trademark Registration No. 1,108,876 for the mark NEWPORT; Trademark Registration No. 2,600,870 for the mark NEWPORT (stylized); Trademark Registration No. 3,601,464 for the mark NEWPORT MENTHOL BOX; Trademark Registration No. 3,618,542 for a DESIGN ONLY mark; Trademark Registration No. 1,920,066 for the mark LORILLARD; Trademark Registration No. 1,178,413 for the mark SPINNAKER DESIGN; and Trademark Registration No. 1,191,816 for the mark NEWPORT and Design.

The plaintiff is a large tobacco company which alleges that the defendants are selling counterfeit cigarettes bearing the plaintiff’s various registered trademarks. The complaint states causes of action for trademark counterfeiting and infringement, trademark dilution, and unfair competition.

This case has been assigned to Judge Joseph Van Bokkelen and Magistrate Judge Paul Cherry in the Northern District of Indiana, and assigned case no. 2:10-cv-00176-JVB-PRC.

Practice Tip: The law allows a court to order the destruction of products found to be counterfeit.

Complaint – Lorillard v. Always

Further information about this case is as follows:

Filed: April 29, 2010 as 2:2010cv00177 Updated: May 5, 2010 22:27:53

Plaintiff: Lorillard Tobacco Company

Defendant: Always Open Franchising Corporation

Judge: Joseph S Van Bokkelen

Cause Of Action: Trademark Infringement


Seventh Circuit > Indiana > Northern District Court

Type:Intellectual Property > Trademark

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