On March 4, 2024, after more than two years of litigation, an eight-person jury for the United States District Court for the Northern District of Indiana rendered a unanimous verdict in favor of Taft client Forest River, Inc., a manufacturer of recreational vehicles, in a trademark infringement case against inTech Trailers, Inc. The jury found that inTech willfully infringed Forest River’s DELLA TERRA and mountain design trademarks through the sale of its “Terra” brand travel trailers.

Forest River and its East to West division have been selling DELLA TERRA brand travel trailers since 2018. Beginning in late 2020, inTech Trailers, Inc. began offering and selling a “Terra” travel trailer bearing a mountain design that, according to Forest River, was similar to the mountain design used by East to West on all of its travel trailers, including its DELLA TERRA travel trailer.

Forest River, through Taft, immediately demanded that inTech cease and desist from infringing its trademark rights. inTech refused, and the lawsuit followed. At summary judgment, the court first ruled in Forest River’s favor and held that Forest River had protectable rights in its DELLA TERRA and mountain design trademarks. Then, following a five-day trial, the jury further found that inTech willfully infringed Forest River’s trademark rights. The jury awarded  Forest River $2 million in damages. The Court also entered a permanent injunction enjoining inTech from further infringement and requiring inTech to take affirmative steps to remove “Terra” travel trailers from the marketplace.

The Taft team included Philip Bautista, JoZeff Gebolys, Tracy Betz, and Mick Terrell.

Bautista is a partner in Taft’s Intellectual Property and Litigation practice groups, a member of the firm’s Executive Committee, and co-chair of the Trademark Group. He has extensive first-chair litigation and trial experience and has a nationwide practice, litigating cases involving trademarks, patents, copyrights, and trade secrets throughout the United States. He also has extensive experience in litigation involving technology, general commercial, product liability, engineering, and construction matters.

Gebolys is a partner in Taft’s Intellectual Property and Litigation practice groups, where he provides clients with guidance in all stages of the litigation process, including injunctions and pre-litigation dispute resolution. He has a broad range of experience in trademark litigation matters across the country and has significant in-court experience in both state and federal courts. In addition to IP litigation, his practice covers complex contract disputes, construction litigation, and appeals.

Betz is a partner in Taft’s Commercial Litigation practice in Indianapolis, a member of the firm’s Executive Committee, and co-chair of the Gender Advancement Committee.  Betz is a trial attorney with extensive experience, having litigated more than six trials in the last four years, four of which were jury trials.  She handles matters ranging from contract disputes, intellectual property, trade secret management, non-compete, and securities issues.

Terrell is a partner in Taft’s Labor and Employment and Litigation practice groups. He concentrates his practice on all aspects of labor and employment law, with a particular emphasis on the prevention and defense of employment litigation. He has extensive experience in handling complex commercial and business disputes, including cases involving securities laws, antitrust laws, corporations and partnership law, unfair business practices, and other general business and corporate matters.