Indiana Intellectual Property Law News

May 19, 2025

Authorized Assembly Required: SolidWorks Files Suit Against Prime Engineering

Dassault Systèmes SolidWorks Corporation has filed a lawsuit against Prime Engineering Industrial Solutions LLC and several people connected to the company. The lawsuit accuses them of using and copying SolidWorks software without permission. SolidWorks claims the company broke copyright laws, bypassed security features meant to prevent unauthorized use, and violated their contract under Massachusetts law.

SolidWorks is a popular computer-aided design (CAD) software protected by several U.S. copyrights. The company uses special tracking tools that can detect unlicensed use based on device addresses (MAC addresses), location data, email activity, and IP addresses. According to the complaint, these tools found at least 403 instances of unauthorized use on computers tied to Prime Engineering’s offices in Indiana and Arizona. The lawsuit even lists specific computers and links them to named employees and company email addresses.

The complaint says the software was accessed using a tool called “SolidSquad (SSQ),” which is designed to bypass SolidWorks’ licensing protections, allowing people to use the software without paying for it. SolidWorks says the individuals involved downloaded, installed, or used the software in ways that clearly broke the license agreement, which doesn’t allow any unauthorized copying or use. The company also claims this wasn’t an accident—the defendants continued using the software even after being asked to stop through multiple cease-and-desist letters.

May 16, 2025

Glitch in the Merch: Australian Animation Studio Sues Over Alleged Counterfeit Circus

By Overhauser Law Offices, LLC

Glitch Productions Pty Ltd, an Australian animation studio behind hit web series like The Amazing Digital Circus, has filed a lawsuit against various individuals and businesses operating e-commerce stores under various aliases. These stores are accused of selling counterfeit merchandise featuring Glitch’s registered trademarks without permission.

Founded in 2017, Glitch is known for its distinctive 3D animation style and has built a global fanbase with over 8.5 million YouTube subscribers. Its show The Amazing Digital Circus, created by Gooseworx, became a viral success after its October 2023 debut, amassing hundreds of millions of views and expanding to Netflix in 2024. Glitch sells official merchandise—such as clothing, figures, and posters—through its online store, with trademarks recognized in the U.S. and internationally.

The complaint alleges that the defendants target U.S. consumers, including in Indiana, by running interactive storefronts that accept U.S. dollars, ship domestically, and present counterfeit items as official products. Glitch claims the defendants intentionally copy its branding to mislead buyers and weaken its trademark value. The company states it has not authorized these sellers and that their actions violate its intellectual property rights.

May 13, 2025

From Bread to Dead: How a 1960’s Dough Box Buried a Patent in Vandor Group, Inc. v. Batesville Casket Company LLC

By Overhauser Law Offices, LLC

The following is the latest development of a closely watched patent case between Vandor Group, Inc. vs. Batesville Casket Company LLC. (Read background article here.)

Vandor Group, Inc. sued Batesville Casket Company and Batesville Services, saying that a product Batesville made—a cardboard cremation insert called the B-Insert—copied several of Vandor’s patented designs. Vandor’s invention was a foldable cardboard box used to temporarily hold a body. It could fit inside a rental casket for viewings and was designed to fold up for cheaper and easier shipping.

Vandor

May 1, 2025

246 Trademark Registrations Issued to Indiana Entities in April 2025

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 246 trademark registrations to persons and businesses in Indiana in April 2025 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7747689	MBRACE
7766103	ROLL TO ONE
7764741	ULC DEFENSE QUARTERS BY UNIVERSITY LOFT COMPANY
7762700	N NEWR
7762692	NEWR

April 28, 2025

Weight Loss, Heavy Lawsuit: Lilly says Premier’s Shots Miss the Mark

By Overhauser Law Offices, LLC

Premier Weight Loss, also known as Premier Weight Loss of Indiana, is facing a lawsuit from Eli Lilly and Company. The lawsuit claims Premier has been selling altered versions of Lilly’s FDA-approved drugs, MOUNJARO® and ZEPBOUND®. Lilly accuses Premier of repackaging these medications, removing them from their original packaging, and distributing them in third-party insulin syringes without proper labeling, patient instructions, or safety information. Lilly argues that these altered drugs are unsafe, as they lack essential information like batch numbers and expiration dates, and may not meet FDA-approved dosages or sterility standards.

Lilly points out that Premier’s practices, including splitting auto-injector pens into multiple doses, can result in inconsistent and potentially harmful concentrations. The company also says Premier’s marketing misleads consumers and healthcare providers into believing these altered products are authentic, when they are not. Premier’s use of Lilly’s trademarks in advertisements is also a violation of intellectual property laws, according to the lawsuit.

Lilly argues that these practices pose serious risks to patients, particularly those using the drugs to manage conditions like type 2 diabetes. They believe the unapproved alterations could lead to ineffective treatments or dangerous side effects. The lawsuit aims to stop the sale of these allegedly altered drugs and correct Premier’s supposed false advertising. Lilly is also seeking damages for the purported harm caused by Premier’s actions.

April 25, 2025

Quantum Litigator: Emrit’s Lawsuit Universe Expands

By Overhauser Law Offices, LLC

Ronald Satish Emrit, an alleged resident of Florida and Maryland, has filed legal complaints in both Northern and Southern Indiana courts against six defendants, the U.S. Patent and Trademark Office, the U.S. Department of Commerce, NASA Goddard Space Flight Center, the American Institute of Physics, Kennedy Space Center, and the National Science Foundation. He seeks $500 billion in damages, claiming interference with business relations and potential contracts has prevented him from securing patents for his scientific theories.

In his Complaint, Emrit also identifies himself as “Preidential Candidate Number P60005535 and Presidential Committee/Political Action Committee/Seperate (sic) Segregated Fund (SSF) Number C00569897 d/b/a United Emrits of America.”

Emrit’s work involves concepts in quantum mechanics, astrophysics, and relativity, including ideas about black holes, wormholes, and higher-dimensional geometry. He claims these theories are unique and patentable but have been blocked by bureaucratic hurdles and lack of recognition from scientific and government bodies.

April 23, 2025

A Step Too Far? MORryde International, Inc. Accuses Airxcel, Inc. (Suburban) of Patent Infringement

By Overhauser Law Offices, LLC

Elkhart, Indiana – MORryde International, Inc. has filed a lawsuit against Airxcel, Inc., doing business as Suburban, claiming patent infringement. The case centers around three patents (US Patent Nos. 9,903,121, 10,519,671, and 11,739,534), allegedly owned by MORryde, that relate to folding staircases for vehicles like RVs and trailers. These patents—supposedly issued in 2018, 2019, and 2023—cover features such as spring-assisted folding and adjustable legs designed to improve safety and ease of use when entering and exiting a vehicle.

MORryde;s ‘671 Patent

MORryde contends that Suburban’s products, specifically the Stow Away Steps and the Lift Assist Step, unlawfully use the technology protected under MORryde’s patents. According to the complaint, these Suburban products are designed in a way that mimics MORryde’s patented features, including folding mechanisms and mounting systems similar to those described in the patent documents. MORryde claims it first raised conc

April 16, 2025

Bone of Contention: WOOF FEST Fight Lands in Court

By Overhauser Law Offices, LLC

Evansville, Indiana – A legal dispute has emerged over a local fundraising event called “Woof Fest.” Allison Bush, an event organizer who has been planning and promoting fundraising events since 2019, claims her intellectual property has been used without permission by P.A.A.W.S., Inc.—a local animal rescue group—and its treasurer, Julie Frazier.

According to the complaint, in July 2024, Bush and Frazier began discussing a joint fundraising event to benefit local foster-based animal rescues. During those discussions, Frazier suggested the name ‘Woofstock,’ despite allegedly knowing it was already used by another organization. In response, Bush says she proposed the alternative name ‘Woof Fest.’

Court Documents state that Bush then moved forward with the idea, hiring an artist to create a logo using images of her own dogs. The case filings further report that Bush paid for the design, received full rights to it, and began promoting “Woof Fest” on social media and other platforms. Records note that she later registered the name, WOOF FEST, and logo with the U.S. Copyright Office and applied for federal trademark protection.

April 11, 2025

From StockFood to Courtroom: The American Table Faces Copyright Infringement Claims

By Overhauser Law Offices, LLC

Plaintiff Image Professionals GmbH, operating as StockFood, has filed a lawsuit against Warsaw, Indiana Defendant, The American Table Restaurant, Inc. for copyright infringement. Based in Munich, Germany, Plaintiff specializes in creating and licensing premium food-related imagery, videos, and recipes.

The lawsuit involves a photograph titled “00687624,” registered with the U.S. Copyright Office in 2011. The image was created by a professional photographer who transferred exclusive rights to the Plaintiff, including the right to pursue infringement actions. The Defendant, The American Table Restaurant, is accused of displaying the image on its website and social media without permission, using it for commercial purposes without obtaining a license.

Plaintiff discovered the alleged infringement in March 2024 and notified Defendant, but claims Defendant continued to use the image. Plaintiff asserts this unauthorized use violates the Copyright Act 17 U.S.C. § 501, arguing that the infringement was willful, as evidenced by Defendant’s own copyright notice on its website. Plaintiff seeks a declaration of infringement, actual damages, disgorgement of profits, statutory damages, attorney’s fees, and a permanent injunction to prevent further violations.

April 8, 2025

Stung by Infringement? Artist Sues Fort Wayne Allergy Clinic Over Alleged ‘WASP’ Photo Theft

By Overhauser Law Offices, LLC

Plaintiff Harold Davis has filed a lawsuit against Defendant Fort Wayne Allergy & Asthma Consultants, Inc. (FW Allergy) for alleged copyright inf ringement. Davis claims that FW Allergy violated his exclusive rights under the Copyright Act by using his copyrighted photograph, titled “WASP,” without permission. Davis, an allegedly accomplished artist and photographer recognized for his innovative techniques, created the photograph in 2005, and it was registered with the U.S. Copyright Office in 2016.

In addition to his proclaimed status a highly accomplished artist and photographer, Mr. Davis appears to be an accomplished, or at least frequent, litigator. According to Justia.com, he has filed 23 copyright infringement suits across the country since 2017.

FW Allergy, based in Fort Wayne, Indiana, operates a website at www.fortwayneallergy.com to advertise its allergy and asthma services. Davis alleges that FW Allergy used his photograph to promote its business in a post titled “Stinging Insect Allergy” on March 16, 2023, and distributed it online without his consent. Davis asserts that these actions constitute copyright infringement.