Articles Posted in INND News

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PatentPic-225x300BTL Industries, Inc. (BTL) has filed a lawsuit against Be Minked Beauty & Company LLC and its owner, Britney Humphrey, accusing them of patent infringement, trademark infringement, and unfair competition. BTL, based in Massachusetts, develops and sells technology used for body-contouring treatments. Their EMSCULPT® and EMSCULPT NEO® devices use electromagnetic energy to tone muscles and have become leaders in the aesthetic industry.

TMPic-300x220According to the Complaint BTL holds a patent (Patent No. 10,478,634) for the technology used in these devices and has multiple registered trademarks for names like EMSCULPT® and HIFEM®. The company alleges that Be Minked is selling a device called the “Emsculpt RF Machine” that infringes on BTL’s patent. Additionally, BTL says Be Minked is using their trademarked names, such as “EMSCULPT” and “HIFEM,” without permission on their website.

BTL reportedly sent Be Minked a cease & desist letter about the infringement but says the company ignored it. BTL is now asking theTM-Pic-2-300x173 court to stop Be Minked from using its patented technology and trademarks, and they want financial damages, including a minimum of $125,000 for the alleged patent violation. They’re also asking for a permanent ban on Be Minked using any of BTL’s trademarks or confusingly similar names and for the company to pay for BTL’s legal fees. BTL is also seeking to shut down Be Minked’s website and freeze their bank accounts.

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Pic-6-300x157Zurcher Tire, Inc., a leading nationwide tire distributor based in Monroe, Indiana, has filed a lawsuit against Michael Boland, a former employee now living in Sturgis, Michigan. Boland worked for Zurcher as a sales representative from 2019 until his termination in 2024. During his time with the company, Boland had access to confidential business information, including customer lists, pricing, and other trade secrets that Zurcher goes to great lengths to protect.

Court documents show that after being informed in August 2024 that his employment would end due to policy violations, Boland remained on the payroll through October 18, 2024, but he deleted 146 emails containing sensitive company information. Shortly after, Boland began discussions with North Gateway Tire, a competitor, about a potential job. Zurcher alleges that Boland sent North Gateway detailed customer and pricing information while still employed by Zurcher, offering to use his connections to benefit the competitor.

Boland officially started working for North Gateway in November 2024, just days after allegedly sharing Zurcher’s proprietary information. Zurcher claims that Boland’s actions, combined with North Gateway’s use of the data, have unfairly hurt its business.

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Pic-5-300x192Uriah Products, LLC has filed a lawsuit against CURT Manufacturing LLC for patent infringement. Uriah, a Missouri-based company that has been making and selling trailer parts since 2004, claims CURT is violating its rights under U.S. Patent No. 10,857,846. This patent, issued in December 2020, protects an adjustable hitch assembly used in towing equipment, such as Uriah’s popular Aluma-Tow Hitch Ball Mount.

According to Uriah, CURT is selling similar products under its Alumalite Adjustable Aluminum HiPic2-287x300tch line, which include models with varying drop sizes. Uriah argues these products infringe on key features of the ‘846 patent. It also states that CURT’s products are almost identical to its own, apart from size differences and the distances between the top of the hitch and ball mount of the hitch.

In the lawsuit, Uriah is asking the court to declare that CURT has infringed on the patent, to stop CURT from selling the infringing products, and to award damages for the harm caused. Uriah also wants the court to order CURT to pay its legal fees and any additional relief the court finds appropriate.

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Plaintiff Jumpstart Communications LLC has filed a complaint against Defendants Ryan V. Jumper and Jumpstart Communication LLC, for alleged misconduct and violations of federal law. According to the complaint, Defendant Jumper, a founding member and former CEO of Jumpstart Communications, established a competing company with a similar name and logo, allegedly to harm the business he co-founded. The complaint describes a series of actions by Defendant Jumper, including unauthorized access to business accounts, misappropriation of funds, and attempts to divert customers, employees, and resources to the competing entity.

Pic-3-300x163Jumpstart Communications is a telecommunications construction company that is headquartered in Indiana and was founded in 2020. It reportedly rapidly expanded its operations to several states and booked over $10 million in revenue in 2023. However, the complaint describes how Defendant Jumper’s behavior became erratic, beginning in April 2024, with accusations of theft, unauthorized password changes, and siphoning of funds from company accounts. Defendant Jumper is also accused of taking deliberate steps to interfere with the company’s operations, such as locking out other members from critical business systems and submitting fabricated documents.

The complaint further alleges that Defendant Jumper formed a competing entity, Jumpstart Communication LLC, which operates in the same territories using a similar brand as Jumpstart Communications and then misled customers and business partners by taking payments and resources and even went so far as to commit fraudulent acts such as filing false address changes with the U.S. Postal Service and IRS.

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Pic-2-271x300Magpul Sues Elite Tactical Systems over Alleged Patent Infringement Over Polymer Ammo Magazines

Magpul Industries Corporation has filed a patent infringement lawsuit against fellow firearm accessories manufacturer Elite Tactical Systems Group, LLC. The plaintiff alleges that the defendant has infringed upon U.S. Patents Nos. 8,991,086 and 9,746,264. Magpul claims that the defendant made, used, sold, imported, and offered polymer ammunition magazines that infringe on these patents for sale. Specifically, the defendant’s products, including the ETS 30rd 5.56x45mm NATO/.223 Remington polymer magazines, are said to incorporate the patented magazine architecture described in the ’086 and ’264 patents.

Magpul argues that the defendant’s actions are unlawful and are causing harm to its exclusive patent rights. The lawsuit seeks damages, including potential treble damages, a permanent injunction to prevent further infringement, the destruction of infringing products, attorney’s fees, and other legal remedies.

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Legacy Chiropractic, LLC, has filed a complaint against Legacy Family Chiropractic LLC, alleging trademark infringement, unfair competition, and related claims. The complaint centers around Defendant’s alleged unauthorized use of the “LEGACY” trademark, which Plaintiff asserts is integral to its business and reputation. Since 2018, Plaintiff has operated Legacy Chiropractic in Shipshewana, Indiana, building a strong reputation for quality care, and the LEGACY mark has become a valuable asset attracting patients from across the U.S. and Canada.

PicThe complaint states that despite Plaintiff’s established use of the LEGACY mark, Defendant, based in Warsaw, Indiana, began offering chiropractic services under the same name. In late 2019 or early 2020, Rebekah Franklin, the wife of Defendant’s CEO, contacted Plaintiff to inquire about purchasing the trademark, but Plaintiff declined. Defendant subsequently opened its clinic in March 2020, continuing to use the LEGACY mark. Defendant also registered the domain mylegacyfamilychiro.com in June 2020, incorporating the mark further into its marketing. Plaintiff claims that this has caused market confusion and that Defendant was aware of Plaintiff’s prior trademark rights.

Plaintiff’s legal claims include violations of the Lanham Act for trademark infringement and unfair competition, along with claims of cybersquatting due to Defendant’s use of the domain name. Plaintiff also seeks relief under Indiana state law for unfair competition and requests the cancellation of Defendant’s state trademark registration for “LEGACY FAMILY CHIROPRACTIC,” arguing it was obtained in bad faith.

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Caitlin V. Neal, a prominent sexologist and sexual health coach, has filed a lawsuit against an e-commerce merchant based in China for using her likeness without consent to promote its products. Neal, who has built a significant online presence across platforms like YouTube, Instagram, TikTok, and Facebook, alleges that the defendant used her image in online ads for adult wellness products she does not endorse. Neal’s legal complaint centers on false endorsement under the Lanham Act and misappropriation of her right of publicity under Indiana law.Pic-3

What makes this case particularly unusual is that the defendant’s identity is currently unknown. The complaint notes that “The name of the Point-of-Sale Site and other information that may be used to identify Defendant is being filed under seal. Plaintiff seeks leave to do so because Plaintiff intends to move for a temporary restraining order, through which the Court would impose a temporary asset freeze with respect to Defendant’s money transfer platform(s). In the absence of a temporary asset freeze, Plaintiff believes that Defendant would obtain advance notice of this suit and would transfer assets abroad, thereby frustrating this Court’s future rulings. Plaintiff also intends to seek expedited discovery, through which Plaintiff would receive additional information from third-party online marketplace platform(s) to further help identify Defendant.”

This suit reflects the challenges of pursuing legal action against anonymous or foreign entities in the digital age. Neal’s legal team is taking precautions to prevent the defendant from hiding assets abroad before a judgment can be made. Through the temporary restraining order and expedited discovery, they hope to uncover the defendant’s identity and ensure that any ruling in the case can be enforced.

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On October 11, 2024, the United States District Court for the Northern District of Indiana announced an important development for Fort Wayne’s legal community: Andrew L. Teel has been chosen as the new United States Magistrate Judge. He will take over from the Honorable Susan L. Collins, who will retire in July 2025 after a remarkable career spanning thirty-seven years.

Teel, who earned his degrees from Indiana University Bloomington and the College of William & Mary Law School, brings a wealth of experience to this role. His career includes significantAndrewLTeel positions in both private practice and public service, notably serving as a law clerk for Judge Holly A. Brady since 2019. His background in federal litigation positions him well to handle the challenges of a magistrate judge.

In addition to his professional achievements, Teel has shown a strong commitment to the local community. He has actively participated in the Allen County and Indiana State Bar Associations, recently serving as President of the Allen County Bar Association. Teel is also involved with the Community Advisory Board for the Fort Wayne Sexual Assault Treatment Center.

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Plaintiff Forest River, Inc. has filed a lawsuit against Defendant Sharpline Converting, Inc. over claims of willful trademark infringement. Forest River, a leading manufacturer in the recreational vehicle (RV) industry, argues that Sharpline’s partnership with inTech Trailers, Inc., a direct competitor, has significantly harmed its brand identity and reputation.

Founded in 1996, Forest River is well-known for producing high-quality RVs, including travel trailers and cargo trailers. In a Previous Lawsuit, the company was awarded $5.56 million in damages after a federal court found that inTech Trailers had willfully infringed on Forest River’s trademarks—specifically the DELLA TERRA mark and the unique Forest River Mountain logo. The situation is compounded by the fact that both companies target the same customer base and utilize similar dealership networks, making it easier for consumers to become confused.

PicSharpline operates a manufacturing facility in Elkhart, Indiana, where it provides design and branding services to inTech. Forest River contends that Sharpline willfully and knowingly contributed to inTech’s infringing activities while designing, creating, and manufacturing the “Terra” and new mountain design graphics for inTech’s infringing Terra Travel trailers. Forest River further claims that the relationship between Sharpline and inTech has led to market confusion, undermining the significant investment Forest River has made in marketing its products.

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On September 19, 2024, Judge Damon R. Leichty in the United States District Court of Northern Indiana granted Forest River, Inc. enhanced damages after a September 2023 jury found that inTech Trailers, Inc. infringed on its mountain design trademarks for recreational vehicles.

In 2021, Forest River, Inc., a major RV manufacturer, sued inTech for violating two of its trademarks- DELLA TERRA and the mountain design logo. In September 2023, a jury unanimously ruled in favor of Forest River, awarding $2 million and determining that willful infringement had occurred.DellaTerraTrailor

Forest River requested enhanced damages because InTech’s infringement was willful.  The Court began its decision by quoting a famous case in which a trademark registration for THIRST-AID was found to be infringed by the slogan “Gatorade is thirst aid”:

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
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Paul B. Overhauser
Overhauser Law Offices, LLC
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Greenfield, IN 46140
Phone: 317.467.9100
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