Articles Posted in Copyright Infringement

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Indianapolis, Indiana – Intellectual property attorneys for Jane Ruemmele of Indiana have filed an infringement lawsuit against Fundex Games, Ltd. of Indianapolis, IN.

The plaintiff created a game in which the players place historical events described on cards in chronological order and markets this game under the trademark CHRONOLOGY(R), as registered with the U.S. Trademark Office under Trademark Registration No. 2,044,867. Copyrights in the game have been registered with the U.S. Copyright Office. The defendant acquired the company to whom the plaintiff licensed her game, but the complaint alleges that defendant failed to pay royalties for game sales and continues to sell the game despite the end of the license. Among others, causes of action are brought for breach of the license contract, trademark infringement, counterfeiting, unfair competition, copyright infringement, and trademark dilution.
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New Albany, Indiana – Trademark lawyers for Batesville Services, Inc. of Batesville, IN, filed an infringement suit alleging Safe Choice, Inc. of Charlotte, NC, and the Safe Choice principals are infringing various trademarks for burial caskets, including several which are registered with the U.S. Trademark Office.

The plaintiff is a long-time manufacturer and marketer of caskets and alleges in its complaint that the defendants are using, without approval, Batesville trademarks and related imagery on their Web site to advertise caskets. The complaint also cites the plaintiff’s copyrighted lithographic casket images, as registered with the U.S. Copyright Office, and includes claims for copyright infringement as well as trademark infringement and unfair competition.
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Fort Wayne, Indiana – Copyright lawyers for Sandra Wilson of Portland, TN have filed a lawsuit alleging Michelle Parrish d/b/a Want2Scrap of Fort Wayne, IN, has infringed a copyrighted work, for which an application has been filed with the U.S. Copyright Office.

The plaintiff created an acrylic dress scrapbook album design which she had laser cut by defendant Want2Scrap, who sent plaintiff a work sans the pinafore element and a pinafore design created by Want2Scrap. For a period of time, plaintiff worked for Want2Scrap as an independent contractor and created other works specifically for the company. Subsequently, the plaintiff noticed her work being displayed, without authorization, on the Want2Scrap Web site and at their booth at a convention. Want2Scrap revised the designer listing on the Web site so that plaintiff’s name no longer was listed. The plaintiff has since filed a complaint for copyright infringement, seeking damages.
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 Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Accessory Closet, of St. John, 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. As with other filings in this state and elsewhere, 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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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
Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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