Forest River, Inc. V. inTech Trailers, Inc.

Case Background

On Aug. 31, 2021, RV manufacturer Forest River, Inc. filed a trademark infringement lawsuit against trailer manufacturer inTech Trailers, Inc. in the United States District Court for the Northern District of Indiana, South Bend Division. The complaint alleged that inTech Trailers infringed Forest River‘s trademarks, including the DELLA TERRA mark and the Forest River Mountain Design mark, by using confusingly similar marks “Terra” and a new mountain design to brand and sell its recreational vehicles (RVs). Judge Damon R Leichty presided over this lawsuit. [Case number: 3:21cv645]

Cause

Forest River, founded in 1996, aimed to enhance outdoor experiences by creating RVs tailored to customer needs. Over the years, the company became one of North America’s largest RV manufacturers, offering a variety of products, including trailers, boats, and buses. Its brand, built through extensive advertising and high sales volume, became widely recognized for quality.

In March 2018, Forest River began selling DELLA TERRA RVs through its East to West division. The company promoted these RVs under the DELLA TERRA mark, using both plain and stylized fonts alongside other Forest River marks, such as the Forest River Mountain Design. The company’s efforts included a YouTube video in August 2018, which garnered over 11,000 views, and participation in the Elkhart RV Dealer Open House in September 2018. Throughout 2018, Forest River continued promoting the DELLA TERRA RVs through various media and platforms, investing over $100,000 in marketing.

The DELLA TERRA RVs achieved significant sales, reaching eight figures annually. Dealers across the U.S. and internationally sold these RVs, expanding Forest River’s reach. Since April 2018, the company also used the Forest River Mountain Design across its other RV brands.

Forest River’s DELLA TERRA and Mountain Design marks, registered with the USPTO, symbolize quality and goodwill in the RV industry.

However, inTech, a competitor, began using the term “Terra” for its RV line in November 2020, despite being aware of Forest River’s prior use. inTech also adopted a similar mountain design for its RVs, creating consumer confusion. Despite receiving multiple cease-and-desist letters, inTech continued its infringing activities, prompting Forest River to seek legal action to protect its brand and goodwill.

Damages

Forest River sought various forms of relief, including actual and punitive damages, recall and destruction of infringing products, and a permanent injunction preventing further use of its marks.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Forest River, Inc.
    • Counsel for Plaintiff(s): JoZeff W. Gebolys | Tracy N. Betz | Neil R. Peluchette | Philip R. Bautista
  • Defendant(s): inTech Trailers, Inc.
    • Counsel for Defendant(s): Ryan M. Fountain | Brandie N. Ecker

Claims

Count I: Federal Trademark Infringement (15 U.S.C. § 1114(1)(A))

Forest River owned the rights to its trademarks, including U.S. Trademark Registration No. 6511442. inTech began using a new mountain design and the “Terra” mark after Forest River had already established its marks. This unauthorized use misled consumers about the origin, affiliation, or sponsorship of inTech’s products. Forest River claimed that inTech’s actions violated the Lanham Act and caused irreparable harm. Despite requests to stop, inTech continued its infringing activities, constituting willful infringement.

Count II: Trademark Infringement under the Lanham Act (15 U.S.C. § 1125(a)(1)(A))

Forest River held valid common law rights to the marks “DELLA TERRA” and the Forest River Mountain Design. inTech’s use of similar marks, including the word “Terra” and a mountain design, likely confused consumers into believing Forest River was the source of inTech’s RVs. This conduct violated the Lanham Act, and Forest River suffered significant harm.

Count III: Trademark Infringement under Indiana Code § 24-2-1-13

inTech’s use of “Terra” and the mountain design infringed Forest River’s registered marks under Indiana law. This conduct likely confused consumers into associating inTech’s RVs with Forest River.

Count IV: Common Law Unfair Competition

inTech’s actions deceived consumers into believing Forest River was affiliated with inTech’s RVs. By using Forest River’s marks without authorization, inTech reaped benefits from this confusion.

Defense

The defense argued that any confusion from the use of “TERRA” was caused by its own actions, not inTech’s. It was aware of Fleetwood’s use of the term and continued using “TERRA” after acquiring East to West & North to South, Inc. Forest River failed to distinguish its use of “TERRA” from others, knowingly creating confusion. It also acknowledged assuming the risk of damage but failed to mitigate the confusion it had caused, which aggravated the harm. This failure to act should be considered when determining any compensation owed by inTech.

Jury Verdict

In March 2024, a federal jury in South Bend determined that inTech had willfully infringed Forest River’s trademarks, awarding Forest River $2 million in disgorged profits.

On September 19, 2024, U.S. District Judge Damon R. Leichty increased the award to over $5.5 million, ensuring inTech would not profit from its infringement. The next day, Judge Leichty issued a permanent injunction and granted Forest River $1.3 million in attorney fees, $244,623 in prejudgment interest, and $51,933 in litigation costs.

The judge rejected inTech’s arguments against the enhanced damages, citing their willful infringement and disregard for Forest River’s cease-and-desist letter. He noted that inTech continued selling Terra units despite warnings from its counsel and failed to provide evidence supporting its claim of non-infringement. Judge Leichty emphasized the jury’s decision on willful infringement, dismissing inTech’s argument that its profits were due to other factors.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com