The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s ruling that Flexible Steel Lacing Co.’s (“Flexco”) trade dress is invalid because it is functional. Flexco originally filed suit in the Northern District of Illinois, Eastern Division for trade dress infringement and unfair competition against Conveyor Accessories,…
Indianapolis, Indiana – Jeremy Meier d/b/a Meier Photography (“Meier”), the Plaintiff, claims to be a professional photographer and owner of U.S. Copyright Registration No. VAu 1-381-446 which includes 380 photographs taken in the Spring of 2019 (the “Registered Photos”). According to the Complaint, Kelley Global Brands, LLC d/b/a KLH Audio…
U.S. Supreme Court–Frederick Allen (“Allen”) was hired as a videographer to document the recovery of the Queen Anne’s Revenge shipwreck off the North Carolina coast. Allen worked to document the recovery for over a decade and registered copyrights for his works. When North Carolina published some of Allen’s work online,…
Hammond, Indiana – Sundance Botanicals, LLC (“Sundance”), the Plaintiff, allegedly sells and distributes elderberry syrups bearing the mark “ELDERPOWER.” The ELDERPOWER mark was registered with the United States Patent and Trademark Office under U.S. Registration No. 5,821,635 for “Immune boosting nutritional supplements made from elderberries and organic ingredients” in 2019.…
The U.S. Patent Office issued the following 245 patent registrations to persons and businesses in Indiana in June 2020, based on applications filed by Indiana patent attorneys: Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via…
The U.S. Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in June 2020 based on applications filed by Indiana trademark attorneys: Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via…
Indianapolis, Indiana –Boiling Crab Franchise Co., LLC (“The Boiling Crab”), the Plaintiff, filed two separate complaints for trademark infringement and unfair competition alleging similar facts. The first complaint was filed against Defendant The Mad Crab LLC d/b/a The Boiling Crab, Crawfish & Shrimp (“The Mad Crab”). The second complaint was…
Indianapolis, Indiana – KS Equity Company, LLC (“KS”), the Plaintiff, operates a convenience store, Leo’s Market and Eatery (the “Leo’s Store”) in Indianapolis, Indiana. KS claims to own and use the following U.S. Trademark Reg. Nos. 5886802, 5886803, 5892871, and 5962680 (collectively, “Leo’s Trademarks”) in connection with the Leo’s Store.…
Indianapolis, Indiana – Appellants, GS CleanTech Corporation and Greenshift Corporation (collectively “CleanTech”), appealed the U.S. District Court for the Southern District of Indiana’s finding that U.S. Patent Nos. 7,601,858 (the “‘858 patent”), 8,008,516 (the “‘516 patent”), 8,008,517 (the “‘517 patent”), and 8,283,484 (the “‘484 patent”) (together, the “Patents-in-Suit”) are unenforceable…
Lafayette, Indiana – Aaron Babcock (“Babcock”), the Plaintiff, claims to be a professional photographer in Lincoln, Nebraska. According to the complaint, Babcock photographed actor Bill Murray attending a Nebraska vs. Purdue football game (the “Photograph”). The Photograph was registered with the U.S. Copyright Office under Registration No. VA 2-126-687. In…