-1-UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANAINDIANAPOLIS DIVISION NORWOOD PROMOTIONAL PRODUCTS,LLC,Plaintiff,vs.KUSTOMKOOZIES, LLC and ROBERTLIDDLE,Defendants.)))) 1:09-cv-1378-JMS-WGH))))
ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT
Trademark litigation can be steeped in technical issues and analysis, but is often born of more pedestrian disputes. Such is the case with this lawsuit. What do you call those spongythings that people wrap around a beverage can or bottle to keep it cool? Some people call them“koozies.” The parties to this lawsuit both do, and as a result they are no strangers to each other or litigation. The parties each previously sought trademarks involving the word “koozie,” andtheir competing claims were at the heart of previous litigation between Plaintiff’s predecessor (“Old Norwood”) and the Defendants. That lawsuit was settled in 2006, and as a result the parties entered into both a settlement agreement and a licensing agreement. Plaintiff NorwoodPromotional Products, LLC (“Norwood”) has initiated this iteration of the dispute, filing afive-count Second Amended Complaint, asserting that Defendants KustomKoozies, LLC andRobert Liddle (collectively “Kustom”)
breached the earlier settlement and license agreements.
KustomKoozies, LLC and Robert Liddle are represented by the same attorney, made their filings jointly in this lawsuit and have made no effort to distinguish themselves in a legal sensein mounting a defense to the lawsuit. Liddle owns KustomKoozies, LLC, and his actions bindit, so there may never be a reason to require a distinction, but the Court does not make that
Case 1:09-cv-01378-JMS-WGH Document 225 Filed 12/21/11 Page 1 of 35 PageID #: 5289