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Articles Posted in Breach of Contract

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Indiana Patent Litigation: Parties Return to Court Over Allegations of Ongoing Infringement of Patent for Foldable Tricycle

Indianapolis, Indiana – Newton Enterprises Ltd. of Kowloon, Hong Kong filed a lawsuit in the Southern District of Indiana against Defendant Singleton Trading Inc. d/b/a Elama d/b/a Blue Spotlight of Brooklyn, New York asserting patent infringement and breach of contract. These claims follow earlier litigation against Singleton initiated by Newton…

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Indiana Trademark Litigation: Choice Hotels Alleges Former Franchisee is Infringing Econo Lodge Trademarks

Lafayette, Indiana – Choice Hotels International, Inc. of Rockville, Maryland sued in the Northern District of Indiana alleging trademark infringement under federal and Indiana law. Choice Hotels is in the business of franchising hotels.  It offers hotel and motel services under the following brands: CAMBRIA HOTELS & SUITES®, COMFORT INN®,…

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Indiana Court of Appeals Rules on Irreparable Harm in Breach of Non-Compete/Non-Solicitation Agreements

Indianapolis, Indiana – The Indiana Court of Appeals affirmed the judgment of the Marion Superior Court in litigation between two civil engineering firms, Plaintiff American Structurepoint Inc. and Defendant HWC Engineering Inc.  Three former employees of ASI, also listed as Defendants in the trial court, were listed in this appeal.…

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Indiana Trademark Litigation: Super 8 Sues Former Franchisees for Infringement

Fort Wayne, Indiana – Super 8 Worldwide, Inc. f/k/a Super 8 Motels, Inc. of Parsippany, New Jersey sued in the Northern District of Indiana alleging trademark infringement and other wrongdoings. Plaintiff Super 8 operates a franchise system for guest lodging.  It claims ownership to the SUPER 8® service mark as…

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Indiana Copyright Litigation: Airbrushing Firm Sues Boat Seller for Copyright Infringement, Breach of Contract

South Bend, Indiana – Copyright lawyers for Plaintiff The Art of Design, Inc. of Elkhart, Indiana filed an intellectual property lawsuit in the Northern District of Indiana. Defendants in this Indiana lawsuit are Pontoon Boat, LLC d/b/a Bennington and Bennington Marine of Elkhart, Indiana and Hawkeye Boat Sales, Inc. of…

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Indiana Trademark Litigation: Fitness Studio Operator Accused of Trademark Infringement, Fraud

Indianapolis, Indiana – A Massachusetts trademark lawsuit filed in July 2015 was transferred to the Southern District of Indiana, Indianapolis Division. Plaintiff Get In Shape Franchise, Inc. (“GIS”), a Massachusetts-based franchisor, alleges that Defendants TFL Fishers, LLC and its sole member, Rosalyn Harris; Thinner For Life, Inc.; and Fit Chicks,…

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Indiana Copyright Litigation: Copyright Defendant Removes Lawsuit to Federal Court

Indianapolis, Indiana – An Indiana copyright lawyer for Defendant Wrightspeed, Inc. of San Jose California filed a notice of removal in the Southern District of Indiana on the basis of both federal-question jurisdiction and diversity-of-citizenship jurisdiction. Plaintiff Precision Rings, Inc. of Indianapolis, Indiana had filed its lawsuit in Marion County…

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Indiana Patent Litigation: German Lawyers and Law Firm Sued on Allegations of Misappropriation of Intellectual Property

South Bend, Indiana – An Indiana patent attorney for Plaintiffs Never Lost Golf, LLC of South Bend, Indiana; Michael Carnell, a domiciliary of California who resides in Berlin, Germany and who does business as The Never Lost Golf Tee Saver and The Never Lost Golf Tee Saver Mat System (“NLG”);…

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Indiana Copyright Litigation: Copyright Infringement Lawsuit Removed to Federal Court

Evansville, Indiana – Responding to a complaint filed in Indiana state court by Indiana copyright attorneys, a defense lawyer filed a motion to remove the lawsuit to a federal court in the Southern District of Indiana – Evansville Division. Plaintiff Professional Transportation, Inc. of Evansville, Indiana (“PTI”) is the former…

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Supreme Court Keeps Brulotte – Post-Expiration Patent Royalties are Still Unlawful Per Se

Washington, D.C. – The U.S. Supreme Court recently decided a patent-royalty lawsuit, Kimble v. Marvel Entertainment, LLC. The Court, divided 6-3, ruled against Kimble. Stephen Kimble sued Marvel in 1997 for infringing his patent, U. S. Patent No. 5,072,856,  with its “Web Blaster,” a toy that allowed users to mimic…

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