INND News

November 18, 2024

Sexologist Caitlin V. Neal Takes Legal Action Against Anonymous E-Commerce Merchant for Unauthorized Use of Likeness

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.

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.

November 4, 2024

Fort Wayne Welcomes Andrew L. Teel as New United States Magistrate Judge

By Overhauser Law Offices, LLC

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 significant 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.

October 4, 2024

Battle of the Peaks: Forest River, Inc. vs. Sharpline Converting, Inc. in Trademark Infringement Case

By Overhauser Law Offices, LLC

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.

Sharpline 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.

September 27, 2024

A Mountain of Damages: Court Awards Forest River Over $7 Million in Trademark Infringement Case

By Overhauser Law Offices, LLC

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.

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”:

September 6, 2024

Broadcast Brawl: Joe Hand Promotions Challenges Ralo’s Cocktail Lounge Over UFC Broadcast Rights

By Overhauser Law Offices, LLC

Joe Hand Promotions, Inc. (Plaintiff) has filed a lawsuit against Ralo’s Cocktail Lounge, LLC and its principal, Keon Frazier (Defendants), for the alleged, unauthorized public display of UFC 264 Poirier vs. McGregor 3 on July 10, 2021. The lawsuit addresses the legalities surrounding the broadcast of premium content in commercial settings.

Joe Hand Promotions, specializing in licensing exclusive sports programming, claims exclusive rights to distribute UFC events. They allege Ralo’s Cocktail Lounge exhibited UFC 264 without proper authorization, violating 47 U.S.C. §§ 553 and 605 under federal jurisdiction.

Ralo’s Cocktail Lounge, located in East Chicago, IN, is accused of using unauthorized means to broadcast the event, thereby avoiding licensing fees and attracting customers. Keon Frazier, a resident of Indiana and key figure in the establishment’s operations, is also named in the lawsuit.

August 16, 2024

LifeWise, Inc. Sues Zachary Parrish for Alleged Copyright Infringement and Misuse of Curriculum

By Overhauser Law Offices, LLC

LifeWise, Inc., based in Hilliard, Ohio, has filed a lawsuit against Zachary Parrish of Ft. Wayne, Indiana, alleging willful copyright infringement. LifeWise is a privately funded, Christian non-profit organization that provides off-campus, released-time religious instruction to public school students whose families choose it. The organization has developed its own curriculum for use in the program and for licensing by third parties.

LifeWise claims that Parrish pretended to be a volunteer to gain unauthorized access to the password-protected curriculum and subsequently made it available on his own website. Additionally, LifeWise alleges that Parrish is the administrator of a private Facebook group called Parents Against LifeWise and has used the curriculum to undermine the organization and its mission. The plaintiffs argue that this unauthorized use and publication of their curriculum not only violated copyright laws but also jeopardized the sustainability and effectiveness of LifeWise’s educational programs.

Counsel for LifeWise repeatedly requested that Parrish remove the curriculum, but he refused, citing fair use. Court documents reveal that LifeWise filed a Digital Millennium Copyright Act (DMCA) Complaint and Takedown Notice, which led to the temporary removal of the curriculum from the hosting website. Parrish responded by filing a Counter Notice, arguing that the removal was a mistake because the curriculum falls under fair use.

July 1, 2024

U.S. Magistrate Judge Susan L. Collins Announces Retirement After 37 Years of Public Service

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – United States Magistrate Judge Susan L. Collins has announced her plans to retire in July 2025, culminating a distinguished thirty-seven-year career in public service. Judge Collins has served nearly a decade as a Magistrate Judge for the United States District Court for the Northern District of Indiana. Her career includes twelve years as an Assistant U.S. Attorney in Hammond and sixteen years as a prosecuting attorney for the Lake County Prosecutor’s Office, where she handled numerous complex and high-profile federal and state criminal cases.

Judge Collins graduated from Drake University School of Law and DePauw University. She has also contributed to legal education as an Adjunct Professor of Law at Valparaiso University School of Law, teaching trial practice. Her exemplary service has been recognized with several awards, including the Meritorious Public Service Award and the Director’s Award for Superior Performance as an Assistant United States Attorney.

Chief Judge Brady praised Judge Collins, stating, “The judges of the Northern District of Indiana are grateful for Magistrate Judge Collins’ service to the Court. Her well-deserved retirement marks the end of an admirable career of public service.”

April 22, 2024

Scott J. Frankel Appointed as U.S. Magistrate Judge for South Bend Division of Northern Indiana District Court

By Overhauser Law Offices, LLC

Scott J. Frankel has been selected as the new United States Magistrate Judge for the South Bend Division of the United States District Court for the Northern District of Indiana, succeeding the retiring Honorable Michael G. Gotsch, Sr. Frankel was chosen from among 30 applicants after a rigorous selection process that involved a panel of lawyers and non-lawyers recommending five finalists, from which the court’s bench ultimately selected Frankel.

Frankel brings with him extensive litigation experience in both criminal and civil matters, having served as a staff attorney with the Northern District of Indiana’s Federal Community Defenders office since 2018. His career includes law clerking, public defense work, and private sector practice. Chief Judge Holly A. Brady praised Frankel’s qualifications, emphasizing his litigation experience, calm demeanor, and compassion for clients.

As a magistrate judge, Frankel’s duties will encompass a broad range of responsibilities, including conducting preliminary proceedings in criminal cases, hearing pretrial matters, ruling on motions, holding trials for misdemeanor and civil cases, conducting settlement conferences, and other duties outlined in 28 U.S.C. § 636. Frankel’s appointment is subject to completion of required IRS and FBI background investigations.

April 19, 2024

Print Pressures: Fort Wayne Printing vs. Allen & Goel Marketing

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Plaintiff Optical Tactics, LLC, operating as Fort Wayne Printing Company, has filed a trademark infringement complaint under the Lanham Act, 15 U.S.C. §§ 1051, et seq., against Allen & Goel Marketing Company. The complaint alleges that Allen & Goel Marketing Company has infringed upon Fort Wayne Printing Company’s rights to the mark “FORT WAYNE.”

According to court documents, Fort Wayne Printing Company, established in 1902, has built a strong reputation and extensive goodwill associated with its “FORT WAYNE” mark in the printing services market in northeast Indiana. It has invested resources in promoting its services under this mark, making it distinctive and valuable. Fort Wayne Printing Company asserts that Allen & Goel Marketing Company, based in Pennsylvania, operates a website offering printing services targeted at northeast Indiana consumers and uses the “FORT WAYNE” mark without disclosing its location or lack of physical presence in Fort Wayne, Indiana. This association with the established mark owned by Fort Wayne Printing Company is seen by the Plaintiffs as misleading and infringing on their exclusive rights to use the mark in the region. The complaint argues that Allen & Goel Marketing Company’s actions are violating Fort Wayne Printing Company’s rights and diluting the meaning of the “FORT WAYNE” mark in the local printing market.

Fort Wayne Publishing Company is seeking permanent injunctive relief, monetary damages, disgorgement of profits, and any other relief the Court deems just and proper.

April 1, 2024

Protecting the Peaks: Forest River Secures $2 Million Verdict in Trademark Suit

By Overhauser Law Offices, LLC

Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.

The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.

Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement. Despite these warnings, inTech persisted, leading to the initiation of legal proceedings.