Legal Issues and Cummins Inc. and Lawsuits and Manufacturers and Intellectual property and Law and Manufacturing & Technology

Cummins sues T-shirt sellers for logo infringement

December 20, 2013

Cummins Inc., the Indiana-based maker of truck engines, has sued three named and 10 unnamed defendants for trademark infringement.

The company claims the defendants are making and selling T-shirts bearing its trademarks without permission.

Ready-made shirts are sold in kiosks in Indiana-area shopping malls, and they are also printed on demand through the use of iron-on transfers.

Defendents named in the suit are T’Shirt Factory, Shamir Harutyunyan and Freedom Custom Z.

T'Shirt Factory sells merchandise at various retail outlets around Indianapolis, including Greenwood Park Mall and Castleton Square Mall, the suit says. Harutyunyan is identified as an owner, agent, and/or officer of T’Shirt Factory who lives in Florida.

Freedom Custom Z operates a kiosk that sells shirts at College Mall in Bloomington.

Cummins owns trademark registrations for its logo for purposes including use with clothing, the company said in its Dec. 13 complaint.

The defendants are deliberately infringing the trademarks, according to Columbus-based Cummins. The company said it’s being harmed and customers are being misled.

Cummins asked the court for an order for the seizure and destruction of all offending merchandise, including promotional material and the iron-on transfers. The company also requested a court order barring further infringement, and awards of money damages, attorney fees and litigation costs.

The company requested that the damages by tripled to punish the defendants’ for their actions, and also seeks to be awarded all the profits derived from the alleged infringement.

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