Indianapolis, Indiana – Trademark attorneys for Allison Transmission, Inc. of Indianapolis have filed a complaint alleging United Transmission Exchange, LLC of San Bernadino, CA, infringed its various ALLISON marks for transmissions, including the following trademarks which have been registered with the U.S. Trademark Office: Trademark Registration no. 2,686,798 for the mark ALLISON TRANSMISSION; Trademark Registration No. 2,625,008 for the mark ALLISON TRANSMISSION; Trademark Registration No. 1,666,977 for the mark ALLISON TRANSMISSION; and Trademark Registration No. 1,624,473 for the mark ALLISON TRANSMISSION.
The plaintiff is a longtime manufacturer of automotive transmissions, and its ALLISON marks are registered in connecting with the sale of transmissions and transmission repair services. The defendant is one of plaintiff’s authorized service dealers, but allegedly despite an agreement to stop such activity is offering “knock-off” parts under the Allison name and otherwise not disclosing that non-Allison parts are not from the plaintiff. The complaint raises claims for trademark infringement, unfair competition, and trademark dilution.
This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Tim A. Baker in the Southern District of Indiana, and assigned case no. 1:10-cv-00625-RLY-TAB.
Practice Tip: A well-known trademark may be “diluted” by a third-party’s actions in a non-competing market which lessen the mark’s distinctiveness.Complaint – Allison v. United
Further information about this case is as follows:
Filed: May 20, 2010 as 1:2010cv00625 Updated: May 21, 2010 21:15:57
Plaintiff: ALLISON TRANSMISSION, INC.
Defendant: UNITED TRANSMISSION EXCHANGE, LLC
Judge: Richard L. Young
Cause Of Action: Fed. Question
Seventh Circuit > Indiana > Southern District Court
Type:Intellectual Property > Trademark