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Christopher Sadowski, a photojournalist from New Jersey, has filed a lawsuit against Fortner Services Inc., operating as Fortner Pest Control, for alleged copyright infringement. Sadowski, who has been published in various prominent outlets, including the New York Post and USA Today, has built a reputation not only for his award-winning photography but also for his diligent efforts to protect his intellectual property.  Over the years, he has filed multiple copyright infringement claims against various parties for unauthorized use of his work (See previous blog posts about these suits here, here, here, and here.).

As a self-employed photographer, Sadowski owns the rights to his work and licenses his photographs under terms that retain his copyright. The current suit states that in 2022, Sadowski created a photograph titled “112120rat5CS,” which was registered with the U.S. Copyright Office in December 2022. The photograph was later licensed to the New York Post and appeared in an article, with appropriate attribution to Sadowski.

Fortner Services, a pest control company based in Bedford, Indiana, operates a website and maintains a presence on social media. On December 13, 2023, Fortner allegedly displayed Sadowski’sPic copyrighted photograph on its website and social media without obtaining permission. Sadowski claims that Fortner did not contact him to request a license for use of the image, which was intended for commercial purposes.

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PatentPic-225x300BTL Industries, Inc. (BTL) has filed a lawsuit against Be Minked Beauty & Company LLC and its owner, Britney Humphrey, accusing them of patent infringement, trademark infringement, and unfair competition. BTL, based in Massachusetts, develops and sells technology used for body-contouring treatments. Their EMSCULPT® and EMSCULPT NEO® devices use electromagnetic energy to tone muscles and have become leaders in the aesthetic industry.

TMPic-300x220According to the Complaint BTL holds a patent (Patent No. 10,478,634) for the technology used in these devices and has multiple registered trademarks for names like EMSCULPT® and HIFEM®. The company alleges that Be Minked is selling a device called the “Emsculpt RF Machine” that infringes on BTL’s patent. Additionally, BTL says Be Minked is using their trademarked names, such as “EMSCULPT” and “HIFEM,” without permission on their website.

BTL reportedly sent Be Minked a cease & desist letter about the infringement but says the company ignored it. BTL is now asking theTM-Pic-2-300x173 court to stop Be Minked from using its patented technology and trademarks, and they want financial damages, including a minimum of $125,000 for the alleged patent violation. They’re also asking for a permanent ban on Be Minked using any of BTL’s trademarks or confusingly similar names and for the company to pay for BTL’s legal fees. BTL is also seeking to shut down Be Minked’s website and freeze their bank accounts.

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The U.S. Trademark Office issued the following  265 trademark registrations to persons and businesses in Indiana in January 2025 based on applications filed by Indiana trademark attorneys:

Registration     Number          Wordmark
7642226 IHTC
7642235 INDIANA BLOODWORX
7642225
7643084 IT’S NOT NORMAL
7643134 THREE FLOYDS

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Pic-6-300x157Zurcher Tire, Inc., a leading nationwide tire distributor based in Monroe, Indiana, has filed a lawsuit against Michael Boland, a former employee now living in Sturgis, Michigan. Boland worked for Zurcher as a sales representative from 2019 until his termination in 2024. During his time with the company, Boland had access to confidential business information, including customer lists, pricing, and other trade secrets that Zurcher goes to great lengths to protect.

Court documents show that after being informed in August 2024 that his employment would end due to policy violations, Boland remained on the payroll through October 18, 2024, but he deleted 146 emails containing sensitive company information. Shortly after, Boland began discussions with North Gateway Tire, a competitor, about a potential job. Zurcher alleges that Boland sent North Gateway detailed customer and pricing information while still employed by Zurcher, offering to use his connections to benefit the competitor.

Boland officially started working for North Gateway in November 2024, just days after allegedly sharing Zurcher’s proprietary information. Zurcher claims that Boland’s actions, combined with North Gateway’s use of the data, have unfairly hurt its business.

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Pic-5-300x192Uriah Products, LLC has filed a lawsuit against CURT Manufacturing LLC for patent infringement. Uriah, a Missouri-based company that has been making and selling trailer parts since 2004, claims CURT is violating its rights under U.S. Patent No. 10,857,846. This patent, issued in December 2020, protects an adjustable hitch assembly used in towing equipment, such as Uriah’s popular Aluma-Tow Hitch Ball Mount.

According to Uriah, CURT is selling similar products under its Alumalite Adjustable Aluminum HiPic2-287x300tch line, which include models with varying drop sizes. Uriah argues these products infringe on key features of the ‘846 patent. It also states that CURT’s products are almost identical to its own, apart from size differences and the distances between the top of the hitch and ball mount of the hitch.

In the lawsuit, Uriah is asking the court to declare that CURT has infringed on the patent, to stop CURT from selling the infringing products, and to award damages for the harm caused. Uriah also wants the court to order CURT to pay its legal fees and any additional relief the court finds appropriate.

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GreenLeafMark-300x245Indiana-based companies, Banjo Corporation and Green Leaf, Inc., are again in litigation over their crossing business of manufacturing and selling valves and pipe fittings. The original complaint brought forth by Banjo, still pending, was for trademark infringement with Green Leaf’s use of the color yellow on their liquid handling valves. Now Green Leaf is suing Banjo for the use of domain names and trademarks. According to the complaint, Green Leaf has consistently used its registered United States federal trademarks, Green Leaf® and TerreMax®, to identify its products in commerce. Green Leaf’s various word marks and a design mark are registered in the United States Patent and Trademark Office under Nos. 2,642,074, 6,901,382 and 2,642,068.

Green Leaf claims that committed trademark infringement and cyberpiracy by registering several domain names identical or confusingly similar to Green Leaf’s trademarks, including but not limited to the domain names greenleafvalve.com and terremaxvalve.com. It is alleged that these domain names were registered in 2019 by Banjo for the purpose of redirecting consumers to Banjo’s website. Green Leaf insists that Banjo acted in bad faith, attempting to ride on the coattails of good will established by Green Leaf® and TerreMax®.Pic-4-300x271

The complaint also alleges that Banjo renewed these domain names in 2024, continuing to possess the domain names and continuing to divert consumers through them until November of that year. Once the diversion ceased, Green Leaf moved to amend an existing lawsuit with a cyberpiracy counterclaim. The motion was denied, but the court indicated it could bring the claim in a separate action, which it has now done.

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Plaintiff Jumpstart Communications LLC has filed a complaint against Defendants Ryan V. Jumper and Jumpstart Communication LLC, for alleged misconduct and violations of federal law. According to the complaint, Defendant Jumper, a founding member and former CEO of Jumpstart Communications, established a competing company with a similar name and logo, allegedly to harm the business he co-founded. The complaint describes a series of actions by Defendant Jumper, including unauthorized access to business accounts, misappropriation of funds, and attempts to divert customers, employees, and resources to the competing entity.

Pic-3-300x163Jumpstart Communications is a telecommunications construction company that is headquartered in Indiana and was founded in 2020. It reportedly rapidly expanded its operations to several states and booked over $10 million in revenue in 2023. However, the complaint describes how Defendant Jumper’s behavior became erratic, beginning in April 2024, with accusations of theft, unauthorized password changes, and siphoning of funds from company accounts. Defendant Jumper is also accused of taking deliberate steps to interfere with the company’s operations, such as locking out other members from critical business systems and submitting fabricated documents.

The complaint further alleges that Defendant Jumper formed a competing entity, Jumpstart Communication LLC, which operates in the same territories using a similar brand as Jumpstart Communications and then misled customers and business partners by taking payments and resources and even went so far as to commit fraudulent acts such as filing false address changes with the U.S. Postal Service and IRS.

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FitzMark, LLC, a logistics brokerage firm in Indianapolis, Indiana, has filed a lawsuit against former employee Micah Adkins and Koola Logistics, LLC, alleging breaches of confidentiality, misappropriation of trade secrets, and interference with business relationships. Adkins, hired in 2017, signed an agreement in 2019 to protect FitzMark’s confidential information and refrain from using it in competition. After his termination in 2020, Adkins joined competitor Koola in 2024.

Pic-2-300x54FitzMark claims Adkins used proprietary information, including customer data and pricing strategies, to solicit FitzMark clients, citing a voicemail he left for a customer in January 2025 referencing such information. The company seeks injunctive relief to stop the misuse, along with damages, attorneys’ fees, and costs.

The case has been filed in the Marion County Superior Court with Case No. 49D01-2501-002642.

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Pic-1-300x171Carmel, Indiana – EE Holding Group LLC has filed a lawsuit against PDGROWTH LLC and Patrick D. Garton. The claims include trademark counterfeiting, infringement, false designation of origin, and unfair competition under both federal and common law.

Led by designer Eric Emanuel, the plaintiff asserts ownership of trademarks such as ERIC EMANUEL and the EE logo:      . These trademarks have been in use since 2014 and are associated with high-quality sportswear, particularly the signature EE mesh shorts.

Defendant Garton, who operates under the Instagram handle “pd.resells,” is accused of selling counterfeit goods that bear the plaintiff’s trademarks. These goods, sourced from China, are marketed as indistinguishable replicas. Garton sells these products through social media, the website https://thesupplyr.com/, and other platforms, allegedly profiting significantly from these sales. The plaintiff claims Garton not only sells counterfeit items but also teaches others how to profit from similar activities.

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The U.S. Trademark Office issued the following  367 trademark registrations to persons and businesses in Indiana in December 2024 based on applications filed by Indiana trademark attorneys:

Registration   Number               Wordmark
7611678 IT’S A HAPPY HOUR FEELING
7605216 ANDERSON PREPARATORY ACADEMY
7616177 DARK LORD
7614933
7623759 SOUTHERN INDIANA GUARDIANS FC
7623741 SIGFC

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
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