Taft prevailed in the Indiana Court of Appeals on a trademark dispute, convincing the court to affirm an injunction Taft obtained on behalf of the Town of Plainfield, Indiana. For decades, Plainfield has used a stylized "P" as its logo, placing it on signs, landscaping features, and its website. Recently, a resident created a website called the "Plainfield TIDBIT" to comment on town politics—which is her First Amendment right—but she also copied and pasted the Town's "P" to use as her own logo. Plainfield informally asked her, on multiple occasions, to cease using the Town's logo, but she refused. Plainfield sued, and the resident counterclaimed, seeking to invalidate the mark.
Trademark law has certain exceptions regarding what can be registered; among them are the "flag, coat of arms, or other insignia" of a governmental entity. In an issue of first impression under Indiana law, Taft successfully persuaded the Court of Appeals that the "P" did not fall within this exception, that the registration was valid, and that the injunction was appropriate.
Partner Vivek Hadley was the lead appellate author, and presented oral argument, with help from partner Mel Daniel and associate Jeff Parker. Daniel and Parker represented Plainfield in the underlying trial.