IBJNews

Cummins sues T-shirt sellers for logo infringement

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. These liberals are out of control. They want to drive our economy into the ground and double and triple our electric bills. Sierra Club, stay out of Indy!

  2. These activist liberal judges have gotten out of control. Thankfully we have a sensible supreme court that overturns their absurd rulings!

  3. Maybe they shouldn't be throwing money at the IRL or whatever they call it now. Probably should save that money for actual operations.

  4. For you central Indiana folks that don't know what a good pizza is, Aurelio's will take care of that. There are some good pizza places in central Indiana but nothing like this!!!

  5. I am troubled with this whole string of comments as I am not sure anyone pointed out that many of the "high paying" positions have been eliminated identified by asterisks as of fiscal year 2012. That indicates to me that the hospitals are making responsible yet difficult decisions and eliminating heavy paying positions. To make this more problematic, we have created a society of "entitlement" where individuals believe they should receive free services at no cost to them. I have yet to get a house repair done at no cost nor have I taken my car that is out of warranty for repair for free repair expecting the government to pay for it even though it is the second largest investment one makes in their life besides purchasing a home. Yet, we continue to hear verbal and aggressive abuse from the consumer who expects free services and have to reward them as a result of HCAHPS surveys which we have no influence over as it is 3rd party required by CMS. Peel the onion and get to the root of the problem...you will find that society has created the problem and our current political landscape and not the people who were fortunate to lead healthcare in the right direction before becoming distorted. As a side note, I had a friend sit in an ED in Canada for nearly two days prior to being evaluated and then finally...3 months later got a CT of the head. You pay for what you get...

ADVERTISEMENT