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Mom and pop store can’t proceed pro se in Coach trademark lawsuit

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The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.

New York-based Coach Inc. sued Dyer’s General Store and Outlet in Worthington, also naming its owners, Kimberly and David Dyer. The suit, filed three months ago, claims an investigator hired by Coach purchased a counterfeit wristlet bearing a Coach trademark at the store and observed handbags and accessories that “had trademarks for high-end brands including, but not limited to, Coach.”  

The suit seeks damages and fees for alleged Lanham Act violations including trademark counterfeiting, trademark infringement and false advertising; common law trademark infringement, unfair competition, forgery, counterfeiting and unjust enrichment.

“Coach is suffering irreparable injury, has suffered substantial damages as a result of Defendants’ activities,” the suit alleges. The case in the District Court for the Southern District of Indiana, Terre Haute Division, is Coach, Inc. and Coach Services, Inc. v. Dyer’s General Store and Outlet, Kimberly Dyer, and David L. Dyer, 2:13-cv-0411.

David Dyer filed a pro se response in which he said Dyer’s doesn’t deny the allegations but believed the products it bought and sold were “designer inspired” and that the store has since removed the items and worked with Coach “with the desire to resolve all concerns with promptness and diligence.”

But District Judge Jane Magnus-Stinson on Tuesday ordered the corporate entity to appear by counsel and file an answer to Coach’s complaint by March 13.

“The Court notes that corporations cannot appear pro se, but must appear through an attorney,” she wrote, citing Nocula v. UGS Corp., 520 F.3d 719, 725 (7th Cir. 2008). The Dyers may represent themselves, but “Dyer’s General cannot represent itself and the Dyers cannot represent Dyer’s General either.”

Dyer’s is the latest Indiana retailer sued in federal court as Coach pursues an aggressive defense of its intellectual property, asserting in the suit that its marks “are widely recognized and exclusively associated by consumers, the public and the trade as being high quality products sourced from Coach, and have acquired a strong secondary meaning.”

Since 2009, Coach has filed at least 21 lawsuits against retailers in Indiana federal courts. Just two, including the suit against Dyer’s, remain open.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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