ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

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 Indiana Lawyer 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
Subscribe to Indiana Lawyer
  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

ADVERTISEMENT