Articles Posted in Copyright Infringement

 

Lafayette, Indiana – Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Diggz Clothing, LLC of Lafayette, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. Identical to others filed by the plaintiff, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Hammond, Indiana – Intellectual property counsel for Microsoft Corporation of Redmond, WA, filed an infringement suit alleging John Sims as the principal of EZ Computers of Gary, IN, has knowingly infringed several trademarks and copyrighted works.

The plaintiff is a well-known computer software company which asserts numerous copyrights in its software that have been registered with the U.S. Copyright Office, including the following works: WINDOWS XP PRO, OFFICE 2003 PROFESSIONAL, OFFICE EXCEL 2003, OFFICE OUTLOOK 2003, OFFICE POWERPOINT 2003, OFFICE WORD 2003, and OFFICE ACCESS 2003. The plaintiff also owns and asserts several trademarks which have been registered with the U.S. Trademark Office in connection with software, including the following: Trademark Registration No. 1,200,236 for MICROSOFT; Trademark Registration No. 1,872,264 for WINDOWS; Trademark Registration No. 2,744,843 for COLORED FLAG DESIGN; and Trademark Registration No. 2,188,125 for OUTLOOK.
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South Bend, Indiana – Copyright lawyers for Forest River Housing, Inc. of Elkhart, IN, filed a lawsuit alleging Heartland Recreational Vehicles, LLC , also of Elkhart, infringed the copyrighted work RP-176 FLOORPLAN.

The plaintiff manufactures and sells recreational vehicles to dealers; its asserted work is a travel trailer floor plan, for which an application to register the copyright has been filed with the U.S. Copyright Office. The defendant is a direct competitor alleged to have obtained a copy of the floor plan at issue, incorporated it into their own advertising, and created derivative floor plans based on the plaintiff’s copyrighted plan.
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The following patent, trademark and copyright litigation suits were filed by intellectual property lawyers in Indiana in December, 2009.

Parties

Court

Judge

Type of Lawsuit

Cause of Action

December 21, 2009

Rosco Inc v. Velvac Inc

INND

Springmann

Patent

Patent Infringement

 

SITUS, INC. v. SITUS REALTY CORP.

INSD

Young

Trademark

Trademark Infringement

GONG v. AUTHORHOUSE

INSD

Young

Copyright

Fed. Question

December 17, 2009

WELLPET, LLC v. MIDWESTERN PET FOODS, INC.

INSD

Young

Both

Federal Question

December 16, 2009

ELI LILLY AND COMPANY v. APP PHARMACEUTICALS, LLC et al

INSD

Barker

Patent

Patent Infringement

December 15, 2009

JUST BORN, INC. v. SUR LA TABLE, INC. et al

INSD

Lawrence

Trademark

Trademark Infringement (Lanham Act)

December 11, 2009

COACH, INC. et al v. CELLAXS et al

INSD

Barker

Trademark

Trademark Infringement (Lanham Act)

December 10, 2009

TRILITHIC, INC. v. CABLE LEAKAGE TECHNOLOGIES, INC.

INSD

Barker

Patent

Patent Infringement

December 4, 2009

BATESVILLE SERVICES, INC. v. STAR LEGACY FUNERAL NETWORK, INC.

INSD

Young

None

Federal Question

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