Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success. Continue reading
Articles Posted in Intellectual Property Law
Orbital Engineering, Inc. Sues Ex-Employee & Competitor for Trade Secret Misappropriation
Crowne Point, Indiana – The Plaintiff, Orbital Engineering, Inc. (“Orbital”) filed suit against Defendants, DVG Team, Inc. (DVG) and former employee Zachary Topoll (“Topoll”) for Breach of Fiduciary Duty Damages Resulting from Conspiracy, Tortious Interference with Business Relations, Aiding and Abetting Breach of Fiduciary Duty, and Trade Secret Misappropriation.
Per the complaint and their website, Orbital, established in 1969, is a certified veteran owned business, which provides full-service solutions in engineering and design, construction management and QA/QC, safety and asset integrity services. The company services a broad range of industries, including infrastructure, metals, refinery, chemical, pipeline, terminal, gas processing and storage, and utilities. Their expertise is in Transmission & Distribution, Midstream and Downstream Oil, Gas and Chemical and Metals. They have six major offices in Pittsburgh (HQ), Philadelphia, Chicago, Detroit, St. Louis and Houston and various other locations.
DVG, founded in 1999, purports to be a team of professionals with a variety of expertise in areas of public infrastructure planning and construction, private and public utility development, engineering and site design, economic development and real estate development. They are based in Crown Point, Indiana.
Harper Trucks Inc. Sues Competitor for Alleged Patent Infringement
Goshen, Indiana – The Plaintiff, Harper Trucks Inc. (“Harper”), based out of Wichita, Kansas, have been in business since 1940. Harper advertises to be the world’s largest manufacturer of hand trucks. Harper Trucks are manufactured in a plant of 40,000 square feet with full robotic and new composite-injection capabilities.
The Defendant, Gleason Industrial Products Inc. (“Gleason’), according to their website, was founded in 1946 and is comprised of three manufacturing divisions throughout three states in the Midwest: Algoma Net Company, Gleason Industrial Products, and Precisions Products. Milwaukee Hand Trucks is the name for products manufactured and sold by Gleason Industrial Products. Milwaukee Hand Trucks are produced in Gleason’s manufacturing facilities in Goshen, Indiana and Lincoln, Illinois.
The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. The patent generally discloses and claims a multi-position hand truck that permits a user to easily change the orientation of the handle and frame among a number of positions making the hand truck extremely useful to a wide variety of uses. Continue reading
PUMA Sues Competitor for Alleged Trademark and Patent Infringement
Indianapolis, Indiana – The Plaintiffs, PUMA SE and PUMA North America Inc. (“PUMA”), are world leaders in the sportswear industry. PUMA SE, based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. PUMA North America Inc. is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue.
PUMA applied for a Federal Trademark registration under Application Serial No. 97171928 for the mark NITRO for footwear, namely, running shoes, training shoes, and basketball shoes. According to the Complaint, in or around December 2021, PUMA requested the Defendant, Brooks Sports, Inc. (“Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. The parties were unable to reach a settlement.
PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark.
The TELAH Foundation Alleges Copyright and Trademark Infringement in Lawsuit
Mishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):
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- Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
- Video Work Beyond human- -the last call (Certificate Number PA000867224)
- Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
- Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
- Federal Trademarks:
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Thrivent Sues for Alleged Trademark Infringement
Indianapolis, Indiana – The Plaintiff, Thrivent Financial for Lutherans (“Thrivent”), is a fraternal benefits society established in 1902 with over 2 million members and over $100 billion in assets under management or advisement. Thrivent and its licensees offer a wide variety of services and products to their members and customers under the THRIVENT Trademarks (listed below), including insurance and annuity products, financial and business advising, mutual funds and investments, individual retirement accounts, trust accounts, financial advisory services, banking and credit union services, lending services, and debit and credit card services.
Design Tascono, Inc. sues The Concrete Lady, Inc. for Alleged Copyright Infringement
Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”).
According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures. Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line retailers and through its network of North American brick-and-mortar distributors and retailers.
Violation of Etsy License Agreement Leads to Copyright Infringement Suit
Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography. She also sells digital backgrounds for photographers through an Etsy store called Enchanted Eye Creations by Tara Mapes. The limitations on the license under which she sells the digital backgrounds on her Etsy store is listed in numerous locations.
Mapes created the picture “Santa with Magic Snow Globe” and applied for a Copyright Registration with the United States Copyright Office. She was granted registration on December 17, 2018.
Patent Office Issues 190 Patents to Indiana Citizens in March 2022
The U.S. Patent Office issued the following 190 patent registrations to persons and businesses in Indiana in March 2022, based on applications filed by Indiana patent attorneys:
Patent No. | Title | |||
1 | D947,327 | Faucet spout | ||
2 | D947,326 | Faucet handle | ||
3 | D947,323 | Faucet body | ||
4 | D947,322 | Faucet sprayhead | ||
5 | D947,321 | Faucet sprayhead | ||
6 | D947,017 | Wall-engaging device for a gate | ||
7 | 11,290,301 | Secure engine communication | ||
8 | 11,289,946 | Method and system of uniform wireless power distribution within a chamber | ||
9 | 11,289,850 | Electrical connector having latch | ||
10 | 11,289,755 | System and method for thermally robust energy storage system | ||
11 | 11,289,423 | Ultra-thin diffusion barrier | ||
12 | 11,289,321 | Ion traps that apply an inverse mathieu q scan | ||
13 | 11,289,194 | Modular location engine for tracking the locations of assets in a clinical environment | ||
14 | 11,287,414 | Sample dispenser including an internal standard and methods of use thereof | ||
15 | 11,287,402 | Automated method for maintaining a clinical diagnostics system | ||
16 | 11,287,172 | Freezer dehumidification system | ||
17 | 11,286,952 | Diffusion system configured for use with centrifugal compressor | ||
18 | 11,286,917 | Motor drive system and method | ||
19 | 11,286,881 | Gas turbine engine with reversible heat exchanger | ||
20 | 11,286,878 | Variable area nozzle exhaust system with integrated thrust reverser | ||
21 | 11,286,865 | Gas turbine engine with variable pitch fan and variable pitch compressor geometry | ||
22 | 11,286,835 | System and methods for controlling flow distribution in an aftertreatment system | ||
23 | 11,286,827 | System and method for determining reductant delivery performance | ||
24 | 11,286,826 | Integrative reductant system and method using constant volume injection | ||
25 | 11,286,812 | Turbine shroud assembly with axially biased pin and shroud segment | ||
26 | 11,286,802 | Turbine shroud segment having a seal segment perimeter seal with separated buffer cavities | ||
27 | 11,286,798 | Airfoil assembly with ceramic matrix composite parts and load-transfer features | ||
28 | 11,286,794 | Erosion-resistant coating with patterned leading edge | ||
29 | 11,286,707 | Opening and closing system | ||
30 | 11,286,690 | Combination lock | ||
31 | 11,286,249 | Pyrrolidine compounds | ||
32 | 11,286,175 | Fluid stream management systems and methods thereof | ||
33 | 11,285,617 | Modular articulating gripper | ||
34 | 11,285,540 | Method for manufacturing parts or devices and forming transition layers facilitating removal of parts and devices from build-plates | ||
35 | 11,285,411 | Self-adjusting air management valve for a filter assembly | ||
36 | 11,285,294 | Introducer with sheath having a withdrawal support wire | ||
37 | 11,285,049 | Two layer wound dressings including removable upper layer | ||
38 | 11,285,022 | Spinal implant system and method | ||
39 | 11,285,019 | Expandable spinal implant system and method | ||
40 | 11,285,014 | Expandable inter-body device, system, and method | ||
41 | 11,284,928 | Surgical implant and method of use | ||
42 | 11,284,924 | Adjustable spinal implant, system and method | ||
43 | 11,284,917 | Surgical access assembly and method of using same | ||
44 | 11,284,908 | Adjustable acetabular reamers and methods | ||
45 | 11,284,884 | Method and apparatus for coupling soft tissue to a bone | ||
46 | 11,284,817 | Method for determination of an analyte concentration in a body fluid and analyte concentration measurement device | ||
47 | 11,284,815 | Bolus calculator time keeping between mobile phone application and bG meters | ||
48 | 11,284,726 | Barrier for mattress and bed deck | ||
49 | 11,284,655 | Surgical helmet | ||
50 | 11,284,620 | Picolinamide compounds with fungicidal activity | ||
51 | 11,284,603 | System and method for delivering nutrients to recently hatched chicks | ||
52 | D946,715 | Faucet handle | ||
53 | D946,714 | Faucet handle | ||
54 | D946,713 | Faucet body | ||
55 | D946,708 | Faucet sprayhead | ||
56 | D946,591 | Display screen with graphical user interface for a glucose management system | ||
57 | D946,590 | Display screen with graphical user interface for glucose management | ||
58 | 11,283,264 | Short-term reserve product for implementation on an electric power grid, and associated method | ||
59 | 11,282,703 | Preparation of an array of ultra-narrow nanowires on functionalized 2D materials and uses thereof | ||
60 | 11,282,484 | Illuminated acoustic device | ||
61 | 11,282,365 | Customized bed exit warnings to modify patient behavior | ||
62 | 11,282,311 | Door lock sensor and alarm | ||
63 | 11,281,429 | Ternary in-memory accelerator | ||
64 | 11,280,795 | Quantitative profiling of progesterone metabolites for the prediction of spontaneous preterm delivery | ||
65 | 11,280,756 | Method for detecting an interferent contribution in a biosensor | ||
66 | 11,280,742 | Analyte measuring system and method | ||
67 | 11,280,727 | Depth-resolved mid-infrared photothermal imaging of living cells and organisms with sub-micron spatial resolution | ||
68 | 11,280,574 | Arrow rest | ||
69 | 11,280,534 | Cooling apparatus and method of using the same | ||
70 | 11,280,396 | Fire resistant gearbox housing | ||
71 | 11,280,247 | Pneumatic system and method for heating compressor oil and/or components of the system | ||
72 | 11,280,206 | Turbine shroud segment with flange-facing perimeter seal | ||
73 | 11,280,130 | Top-hanging sliding door including wedge design top seal | ||
74 | 11,280,109 | Keycam assembly | ||
75 | 11,280,091 | Structural joists and methods to manufacture the same | ||
76 | 11,280,057 | System and method for attaching implements to different skid steer mounts | ||
77 | 11,279,658 | Compositions for improved concrete performance | ||
78 | 11,279,266 | Motor home chair lift | ||
79 | 11,279,213 | Truck cap | ||
80 | 11,279,075 | System and method for sterilization of medical instruments within a hydrogen peroxide sterilization process | ||
81 | 11,278,883 | Sample processing systems and methods | ||
82 | 11,278,786 | System and method for incentivizing and quantifying patient mobility | ||
83 | 11,278,760 | Physical rehabilitation and exercise devise | ||
84 | 11,278,666 | Medication infusion device | ||
85 | 11,278,497 | Co-spray drying of meropenem and colistin and the uses thereof | ||
86 | 11,278,457 | Incontinence detection optimization using directional wicking | ||
87 | 11,278,431 | Spinal implant system and method | ||
88 | 11,278,391 | Graft having at least one woven taper | ||
89 | 11,278,372 | Surgical sterilization system and method | ||
90 | 11,278,325 | Surgical instrument and method | ||
91 | 11,278,238 | Wearable sensor device and analysis platform for objective outcome assessment in spinal diseases | ||
92 | 11,278,125 | Topper with targeted fluid flow distribution | ||
93 | D946,147 | Surgical retractor | ||
94 | D946,125 | Faucet handle | ||
95 | D946,124 | Faucet handle | ||
96 | D946,123 | Faucet | ||
97 | D946,122 | Faucet | ||
98 | D946,121 | Faucet | ||
99 | D946,116 | Faucet sprayhead | ||
100 | D946,115 | Faucet sprayer | ||
101 |
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102 | D946,111 | Shower system | ||
103 | D946,104 | Collapsible table tennis table | ||
104 | D946,087 | Card for a card game | ||
105 | D945,975 | Handheld controller | ||
106 | D0945,886 | Container | ||
107 | 11,277,081 | Device and method for switching in and out a start winding of a single phase ac motor | ||
108 | 11,276,413 | Audio signal encoding method and audio signal decoding method, and encoder and decoder performing the same | ||
109 | 11,275,123 | System and method for electric meter outage time detection | ||
110 | 11,275,065 | Automated clinical diagnostic system and method | ||
111 | 11,274,829 | Shell and tiled liner arrangement for a combustor | ||
112 | 11,274,707 | Customizable light-up device | ||
113 | 11,274,631 | Methodology for minimizing aerodynamic buzz in an exhaust nozzle | ||
114 | 11,274,630 | Exhaust nozzle with vane support structure for a gas turbine engine | ||
115 | 11,274,605 | System and method for shimming a bevel gear in an IGB on a gas turbine without removal of the bevel gear | ||
116 | 11,274,567 | Keystoned blade track | ||
117 | 11,274,470 | Motorized trim | ||
118 | 11,274,468 | Modular and interchangeable lock plug | ||
119 | 11,274,315 | Chimeric insecticidal proteins | ||
120 | 11,274,311 | Plant promoter for transgene expression | ||
121 | 11,273,962 | Tamper-evident closure | ||
122 | 11,273,959 | Container with lid and detachable lid collar | ||
123 | 11,273,925 | Thermal management system and method for cooling a hybrid electric aircraft propulsion system | ||
124 | 11,273,921 | Variable pitch for coordinated control | ||
125 | 11,273,811 | Electric drive vehicle with low speed creep | ||
126 | 11,273,790 | Height adjusters with anti-cinch features for occupant restraint systems | ||
127 | 11,273,447 | Collapsible basket arrays, collapsible cellular arrays therefor, and methods of use | ||
128 | 11,273,202 | Formulations for bovine granulocyte colony stimulating factor and variants thereof | ||
129 | 11,273,088 | User module for a patient support apparatus | ||
130 | 11,273,046 | Spinal implant system and method | ||
131 | 11,272,942 | Assembly and system including a tibial cut guide | ||
132 | D945,719 | Toy box and leash post | ||
133 | D945,620 | Great toe implant | ||
134 | D945,610 | Surgical retractor | ||
135 | D945,609 | Surgical retractor | ||
136 | D945,568 | Faucet | ||
137 | D945,264 | Drink cup lid | ||
138 | 11,271,501 | Gas turbine generator speed DC to DC converter control system | ||
139 | 11,270,824 | Ferromagnetic accessories for a handheld device | ||
140 | 11,268,485 | Fuel pump with independent plunger cover and seal | ||
141 | 11,268,477 | Flexible seal for gas turbine engine | ||
142 | 11,268,463 | Techniques for improving fuel economy in dedicated EGR engines | ||
143 | 11,268,417 | Liquid only lance injector | ||
144 | 11,268,414 | Exhaust aftertreatment component with bypass valve | ||
145 | 11,268,389 | Blisk bonded CMC airfoil having attachment | ||
146 | 11,268,300 | Energy harvesting lock system | ||
147 | 11,268,283 | Spraying and seaming assembly | ||
148 | 11,268,148 | DNA methylation in inflammatory disease | ||
149 | 11,267,882 | Methods of detecting human IL-21 | ||
150 | 11,267,827 | Multifunctionalized silicon nanoparticles, process for their preparation and uses thereof in electrochemiluminescence based detection methods | ||
151 | 11,267,780 | Compound for modulating DDAH and ADMA levels, as well as methods of using thereof to treat disease | ||
152 | 11,267,768 | Methane ethane crackers | ||
153 | 11,267,660 | Package sorting machine | ||
154 | 11,267,004 | Spinning showerhead | ||
155 | 11,267,003 | Power sprayer | ||
156 | 11,266,788 | Determination of a dose in a medication delivery device using two moving arrays with teeth and a sensor | ||
157 | 11,266,514 | Radiolucent trial | ||
158 | 11,266,449 | Osteotomy device and methods | ||
159 | 11,266,391 | Surgical retractor and method | ||
160 | 11,266,183 | Systems and method for compression control in a wearable compression device | ||
161 | 11,266,121 | Canine self exercise device | ||
162 | 11,266,112 | Cotton variety PX3B09W3FE | ||
163 | RE048,948 | Clonidine compounds in a biodegradable polymer | ||
164 | D944,935 | Faucet spout | ||
165 | D944,934 | Shower arm | ||
166 | D944,933 | Shower arm | ||
167 | D944,930 | Faucet | ||
168 | D944,929 | Faucet | ||
169 | D944,927 | Faucet sprayhead | ||
170 | D944,926 | Faucet sprayhead | ||
171 | D944,925 | Faucet sprayhead | ||
172 | 11,263,205 | Access control with multiple security ecosystems | ||
173 | 11,262,370 | Method for operating a laboratory system | ||
174 | 11,261,875 | Turbomachine stage and method of making same | ||
175 | 11,261,815 | System and method for outputting filter monitoring system information via telematics | ||
176 | 11,261,812 | Model reference adaptive controller | ||
177 | 11,261,795 | Dual mode starter generator | ||
178 | 11,261,791 | Hybrid propulsion cooling system | ||
179 | 11,261,750 | CMC blade track with integral abradable | ||
180 | 11,261,635 | Door closer power adjustment | ||
181 | 11,261,473 | Method and apparatus for generation of microparticles containing immobilized enzyme | ||
182 | 11,261,423 | Compartmented cryopreservation container and uses thereof | ||
183 | 11,261,038 | System and method for automated truck loading | ||
184 | 11,260,419 | Method for coating a structure with a fusion bonded material | ||
185 | 11,260,404 | Tangential air cleaner with coiled filter cartridge | ||
186 | 11,259,944 | Stent deployment system with unwrapping deployment constraint | ||
187 | 11,259,932 | Additive manufactured femoral components | ||
188 | 11,259,794 | Method for implanting soft tissue | ||
189 | 11,259,792 | Method and apparatus for coupling anatomical features | ||
190 | 11,259,646 | Sleep enclosure assembly |
Photographer, Lisa Corson sues for Copyright Infringement
Fishers, Indiana – Plaintiff Lisa Corson creates photos, which she licenses for various uses including online and print publications. Corson’s client list includes AARP, Country Living, Delta Airlines, Google, House & Garden, The National Geographic Channel, The New York Times, and The Washington Post.