Indiana Intellectual Property Law News

March 31, 2025

Rock ‘n’ Roll or Rights Violation? Bar Hit with Copyright Lawsuit Over Alleged, Unlicensed Music

The Plaintiffs, House of Bram, Little Nemo Music, and Major Bob Music Co., through their lawyers, have filed a lawsuit claiming that their copyrights have been violated under U.S. copyright law. Their main argument is that the Defendants allegedly played the Plaintiffs’ copyrighted music in public without permission.

Defendant Franklinsteins, LLC is based in Indiana and operates Bud’s Rockin’ Country Bar and Grill in Evansville, Indiana, where the music in question is said to have been played publicly. The other Defendants, Kerry Chesser, Chad Brady, and Mikala Daly-Shemwell, are individuals involved in managing Franklinsteins. The Plaintiffs claim that all Defendants had control over what happened at Bud’s, including the music performances.

The Plaintiffs are members of ASCAP (the American Society of Composers, Authors, and Publishers), which protects the public performance rights for its members’ music. The complaint states that ASCAP has attempted to contact the Defendants more than 70 times through phone, mail, and email, offering them licenses to play the music. Despite these efforts, the Defendants allegedly refused to agree to the terms, and the Plaintiffs argue that the performances at Bud’s without a license are copyright violations.

March 28, 2025

August Image Sues Static Media Over Claims of Unauthorized Use of Iconic Photographs

By Overhauser Law Offices, LLC

August Image, LLC, a company based in New York that represents over 100 photographers, is suing Static Media Inc. (formerly 7Hops.com Inc.) for copyright infringement. The lawsuit involves two photographs owned by photographers Peter Yang and Benedict Evans, who are both represented by August Image. Yang’s photo features Eddie Van Halen and his son Wolfgang, while Evans’ photo shows gamer Tyler “Ninja” Blevins.

The company claims that Static Media used these images without permission on its websites, including Mashed.com and SVG.com, in 2021 and 2020. August Image says Static Media never reached out to get the proper licensing, even though the photos are professional work and not meant to be used freely.

August Image purports to hold the exclusive rights to these photos through agreements with the photographers and argues that Static Media’s actions were a clear violation of copyright. The company is asking for damages, any profits made from using the photos, and for Static Media to cover the legal costs. They also want a court order to stop Static Media from using the images again without permission.

March 24, 2025

Trademark Tug-of-War: Shezan Brands Battle Over Trademark Registrations

By Overhauser Law Offices, LLC

Shezan Services (Private) Limited and Shezan International Limited have filed a legal complaint seeking declaratory judgment and injunctive relief against Indiana companies, Intershez Corporation and Shezan, LLC. The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services’ trademarks in the United States and used these registrations to have U.S. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.

According to court documents, Shezan International, established in 1964, is known for high-quality food and beverage products, including juices, jams, sauces, and canned goods. These products are sold in over 25 countries, including the United States. Shezan Services claims to own the SHEZAN trademark and logo for these products.

Plaintiffs allege that Intershez, formed in 1996 and with a distribution agreement with Shezan International, registered Shezan Services’ trademarks without permission in 2004. They further claim that in 2020, these trademarks were transferred to Shezan, LLC, a company established by the same individuals who previously managed Intershez. The plaintiffs argue that after Intershez was dissolved in 2008, it falsely claimed ownership of the trademarks and used them to record with U.S. Customs and Border Protection (CBP), resulting in the detention of genuine Shezan products.

March 21, 2025

Trouble at Home: My Healthy Home, LLC Takes Legal Action Over Trademark Dispute Against Healthy Home Experts, LLC

By Overhauser Law Offices, LLC

My Healthy Home LLC, a New Jersey-based company focused on promoting healthier living environments, has filed a complaint against the Indiana-based company Healthy Home Experts, LLC, and Joshua Harper for trademark infringement. According to court documents, My Healthy Home has been recognized since 2002 for its environmentally friendly services, including air quality testing and mold remediation, and holds several federally registered trademarks, including HEALTHY HOME EXPERT.

The dispute centers around the defendants registering the domain name https://www.healthyhomeexperts.net/ and forming a business under the name Healthy Home Experts, LLC, which reportedly creates confusion due to its similarity to My Healthy Home’s trademark. The defendants reportedly offer overlapping services, such as air quality testing and mold remediation, using the allegedly infringing name.

My Healthy Home is seeking legal relief for trademark infringement, false designation of origin, cybersquatting, and unfair competition. The company is requesting an injunction to stop the defendants from using the infringing name and domain, as well as damages, including the transfer of the domain to My Healthy Home. They also seek reimbursement for attorney’s fees and compensation for any harm caused to their brand.

March 17, 2025

Granger, Indiana Entrepreneur Zachary Richard Zellers Sues Over Trademark Infringement, Faces Legal Hurdles in Federal Court

By Overhauser Law Offices, LLC

Granger, Indiana – Zachary Richard Zellers has filed a lawsuit against Diz Jackson and two unknown defendants, using “John Doe” as placeholders, claiming they are using his trademark “DJ Zman” without permission. Zellers, who claims to own the trademark through his DJ, Audio/Visual, and stage production business, DJ ZMAN LLC, argues the defendants’ use of the name online and on social media is damaging his brand and constitutes trademark infringement. The lawsuit, filed in federal court, includes documents showing that Indiana officially issued the trademark in question to DJ ZMAN LLC on February 20, 2025.

However, Judge Damon R. Leichty responded to the complaint, highlighting several issues with Zellers’ self-filed case. He explained that Zellers, who requested a waiver for filing fees due to financial hardship, did not meet the necessary legal requirements for a trademark infringement case. The judge noted that Zellers failed to provide enough detail about the harm caused and emphasized that the trademark belongs to DJ ZMAN LLC, not Zellers personally. Therefore, the lawsuit should be filed by the company, which must also be represented by a lawyer in court.

The court also noted that Zellers cannot use “John Doe” placeholders for the unknown defendants. Instead, he or the company must identify the defendants and provide their details. Judge Leichty gave Zellers until March 28, 2025, to amend his complaint and comply with the required legal procedures. Zellers was also informed he could reapply to have the court waive his fees after making the necessary changes.

March 14, 2025

Fortress Iron L.P. Digs Into Legal Action Against Digger Specialties for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Fortress Iron L.P. filed a lawsuit against Digger Specialties, Inc. for patent infringement, alleging that Digger’s Westbury VertiCable Aluminum Railing violates Fortress’s U.S. Patents 11,643,838 (the “‘838 Patent”) and 12,180,735 (the “‘735 Patent”). The complaint states that Fortress, a Texas-based company, is the owner of the patents protecting its FortressCable V-Series steel cable railing systemv. Meanwhile, the court documents assert that Digger, based in Indiana, produces a similar product and has reportedly continued to sell it despite being notified of the alleged infringement.

The lawsuit claims that Digger’s product infringes on the patents, particularly regarding features such as the design of vertical cable barriers and adjustable end members for tension control. Fortress seeks monetary damages, treble damages for willful infringement, and an injunction to stop Digger from continuing to sell the infringing product.

The case has been assigned to Judge Damon R. Leichty and Magistrate Judge Scott J. Frankel in the U.S. District Court of Northern Indiana Case No. 3:25-cv-00099.

March 10, 2025

Virginia Photographer Files Copyright Infringement Lawsuit Against Indiana Company Premier Aquascapes LTD for Unauthorized Use of Image

By Overhauser Law Offices, LLC

Plaintiff Morgan Howarth, through his legal counsel, filed a complaint against Defendant Premier Aquascapes LTD for copyright infringement under the Copyright Act, 17 U.S.C. §101 et seq. According to the complaint, Howarth, a professional photographer based in Virginia, owns the rights to a photograph of a luxury backyard pool and has commercial licensing rights for its online and print use.

Premier Aquascapes, an Indiana landscaping company, operates multiple social media accounts, including “premiereaquascapes” on Facebook, “@PremiereAqua” on X (formerly Twitter), and “@premiereaqua” on Facebook. The Plaintiff alleges that the Defendant used his Photograph without permission, violating U.S. copyright laws.

Court documents claim the Photograph was registered with the United States Copyright Office (USCO) on January 19, 2017. Despite Plaintiff’s attempts to resolve the issue in October and November 2024, the Defendant allegedly continued to infringe on the work, resulting in harm to the Photograph’s commercial market.

March 4, 2025

213 Trademark Registrations Issued to Indiana Entities in February 2025

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 213 trademark registrations to persons and businesses in Indiana in February 2025 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7692346	MAKE YOUR DREAMS TAKE FLIGHT
7676658	TRAVELIN
7679708	ROLL TO ONE
7694786	FOUNDER’S COLLEGE AT BUTLER UNIVERSITY
7689609	STEELTOWN
7697199	PROTRONIX
7688162	ISF SIGNS

February 28, 2025

Patent Battle Winds Up: Inpres, Inc. and TWM IP LLC Sue Alltrista Plastics LLC for Alleged Infringement of Screw-Based Dispenser Patent

By Overhauser Law Offices, LLC

Plaintiffs Inpres, Inc. and TWM IP LLC have filed a patent infringement lawsuit against Alltrista Plastics LLC concerning U.S. Patent No. 9,585,460 (the “‘460 Patent”). The plaintiffs allege that the defendant has infringed upon the ‘460 Patent, which relates to a screw-based dispenser system with a locking elevator mechanism, and is seeking relief, including damages and an injunction. The plaintiffs claim that the defendant’s products unlawfully replicate the patented technology and that the infringement has been willful.

The accused patent, titled “Screw-Based Dispenser Having Locking Elevator and Elevator Retention Mechanism,” was issued on March 7, 2017. It specifically addresses issues with propel/repel dispensers used for consumer products such as lip balms and creams, particularly solving a problem known as “up-elevator,” where the elevator mechanism in the dispenser advances too soon.

According to the Complaint, Alltrista, operating as Jarden Plastics in 2018, purchased a large quantity of lip balm dispensers from Inpres, which incorporated the patented elevator retention mechanism. Alltrista was provided detailed specifications and engineering drawings by Inpres under confidentiality agreements, highlighting the proprietary nature of the materials. However, after returning most of the purchased units, Alltrista allegedly used these specifications to develop its own dispensers incorporating the patented technology.

February 21, 2025

RestoPros Files Lawsuit for Trademark Infringement and Breach of Agreement in Restoration and Remediation Dispute.

By Overhauser Law Offices, LLC

RestoPros Franchising, LLC, a North Carolina-based company specializing in restoration and mold remediation services, has filed a lawsuit against Indiana company, SFTS Services, Inc. and its owners, Dale L. Bailey and Brandy M. Bailey. The lawsuit accuses the Baileys of trademark infringement, deceptive trade practices, and breaching their franchise agreement with RestoPros. Specifically, RestoPros alleges that the Baileys used its registered trademark “RESTOPROS” and confidential business information to launch a competing business, “Restore and Renew Professionals,” after leaving the RestoPros franchise. The Baileys are also accused of improperly using RestoPros’ branding, phone numbers, and customer reviews for the new business, while failing to adhere to various terms of the franchise agreement, including payments and territorial restrictions.

Despite multiple cease-and-desist requests, the Defendants reportedly ignored RestoPros’ attempts to settle the matter outside of court. RestoPros is seeking damages for breach of contract, trademark infringement, unfair competition, and misappropriation of trade secrets. Additionally, the company is requesting an injunction to prevent the Defendants from continuing to use its trademarks or operate their competing business.

The case has been assigned to Judge Matthew P. Brookman and Magistrate Judge Kellie M. Barr in the U.S. District Court of Southern Indiana Case No. 1:24-cv-02171.