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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. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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