Intellectual Property Law

May 31, 2018

New Jersey Patent Litigation: Warsaw, Indiana Based Biomed Company Awarded $13 Million in Patent Case

New Jersey – In February of 2005, Attorneys for Plaintiff, Howmedica Osteonics Corp., of Mahwah, New Jersey filed suit in the District Court of New Jersey alleging that Defendants, Zimmer, Inc. of Warsaw, Indiana, Centerpulse Orthopedics, Inc. of Austin, Texas, and Smith & Nephew, Inc. of Memphis, Tennessee infringed its rights in United States Patent No. 6,174,934 (“the ‘934 Patent”) for “Non-oxidizing Polymeric Medical Implant”, United States Patent No. 6,372,814 (“the ‘814 Patent”) for “Non-oxidizing Polymeric Medical Implant”, United States Patent No. 6,664,308 (“the 308 Patent”) for “Non-oxidizing Polymeric Medical Implant”, and United States Patent No. 6,818,020 (“the ‘020 Patent”) for “Non-oxidizing Polymeric Medical Implant”. Plaintiff sought judgment for damages including interest and costs, treble damages, expenses, and attorneys’ fees.

Plaintiff is a corporation that develops, manufactures, and distributes orthopedic products, generally used in hip and knee procedures and other bone replacement procedures. Defendant is a corporation based in Warsaw, Indiana, that also focuses on products for joint and extremity replacements.

May 25, 2018

Indiana Jury Awards just $3,228 for Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Barrington Music Products, Inc. of Niles, Michigan filed suit in the Northern District of Indiana alleging that Defendants, Music & Arts Centers of Bel Air, Maryland, Guitar Center Stores, Inc. of Westlake Village, and Eastman Music Company of Pomona, California infringed the rights in Trademark Registration Numbers 3,831,402 and 3,831,403. Plaintiff sought actual damages, punitive damages, attorney’s fees and costs, prejudgment interest, and any other relief.

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Plaintiff is an Indiana corporation that sells musical instruments across the country and world. Defendants are various musical instrument shops that sell similar types of items to those that Plaintiff sells. Continue reading

May 22, 2018

Indiana Copyright Litigation: Indiana Sculptor Sues City of Seymour Over Mishandling of Sculpture

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Terry Champ of Jackson County, Indiana filed suit in the Southern District of Indiana alleging that Defendant, The City of Seymour of Jackson County, Indiana infringed a work of visual art under the Visual Artists Rights Act (“VARA”). Plaintiff is seeking judgment in the amount of $150.000, attorney’s fees, and other relief the Court deems appropriate.

In 2010, Plaintiff completed a 9-foot tall sculpture named Trinity, meant to symbolize the Holy Trinity in Christianity. The sculpture contains steel beams and a combination of gold and silver paint. The sculpture was sponsored by the city of Seymour, as part of an initiative to enhance various spots around town with artwork.

Trinity was loaned to the city and then displayed at an intersection in town, until a member of the Department of Public Works requested it be removed. The sculpture was removed and stored in a garage, where Plaintiff eventually found it laying on its side in the gravel. According to the complaint, the sculpture was damaged all over with scratches and gouges in the steel and bent parts.

May 10, 2018

Indiana Copyright Litigation: Bell Sues Another, Targeting Credit Score Company

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Improve My Credit Fitness LLC infringed its rights to the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Plaintiff is seeking statutory damages, attorneys’ fees, and any other relief as is just and proper.

Bell is notorious for suing over his copyrighted photo, having filed dozens of previous lawsuits against a variety of defendants across the country. In March 2000, Bell took a photo of the Indianapolis skyline, and has published it or licensed it for publication since that time. He registered the copyright for the photo in 2011. According to the complaint, Bell uses the photo to promote his photography business.

May 9, 2018

Indiana Copyright Litigation: Richard Bell Sues Real Estate Business Owner Over Indianapolis Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, David Brenton infringed its rights to the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Plaintiff is seeking actual and statutory damages, attorneys’ fees, and any other relief as is just and proper.

Bell is notorious for suing over his copyrighted photo, having filed dozens of previous lawsuits against a variety of defendants across the country. In March 2000, Bell took a photo of the Indianapolis skyline, and has published it or licensed it for publication since that time. He registered the copyright for the photo in 2011.

May 8, 2018

Indiana Copyright Litigation: Bell Sues Website Developer Over Indianapolis Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Leapgo, Inc. infringed its rights to the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Plaintiff is seeking actual and statutory damages, attorneys’ fees, and any other relief as is just and proper.

Bell is notorious for suing over his copyrighted photo, having filed dozens of previous lawsuits against a variety of defendants across the country. In March 2000, Bell took a photo of the Indianapolis skyline, and has published it or licensed it for publication since that time. He registered the copyright for the photo in 2011. Additionally, Plaintiff uses the photo to promote his photography business.

May 4, 2018

Indiana Trademark Litigation: Indiana-Based Simon Property Sued Over Leggings Trademarks

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Muscle Flex, Inc. of Los Angeles, California filed suit in the Southern District of Indiana alleging that Defendants, Simon Property Group, L.P, and Simon Property Group, Inc., both Delaware corporations; Matt Murat Dagli, an individual who resides in Texas and owner of New Purple LLC, a Texas limited liability company, infringed its rights in United States Trademark Registration No. 4,188,135 for “WORLD OF LEGGINGS.” Plaintiff is seeking damages, judgment of infringement, an injunction on the Defendant’s use of the trademark, and recall and destruction of all infringing items.

Plaintiff is a California-based corporation that operates retail stores that specialize in women’s leggings and clothes. These items are marketed under the name “World of Leggings.” According to the complaint, the Plaintiff has invested considerable time and money into developing the World of Leggings brand.

May 3, 2018

Indiana Patent Litigation: Texas Home Goods Store Sues Menards Over Cutting Board Patent

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Dexas International, LTD., of Coppel, Texas filed suit in the Southern District of Indiana alleging that Defendant, Menard, Inc., of Eau Claire, Wisconsin infringed its rights in United States Patent No. D563,739 (“the ‘739 Patent”) for “Cutting Board With Snap-In Pop Strainer”. Plaintiff is seeking an injunction, lost profits, pre-judgment and post-judgment interest, attorneys’ fees, and destruction of infringing items.

Plaintiff is a Texas-based corporation specializing in manufacturing kitchen gadgets and pet care items. Defendant is a Wisconsin-based corporation that owns and operates large-scale hardware and home improvement stores across the country.

April 30, 2018

Indiana Trademark Litigation: Indiana ATV Manufacturer ASW, LLC Sues Canada Company Over Trademarks

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Attorneys for Plaintiff, ASW, LLC of Columbia City, Indiana filed suit in the Northern District of Indiana alleging that Defendant, Frederick Bisson, of Edmonton, Alberta, Canada infringed its rights in United States Trademark Registration Numbers 3,556,429 for “American SportWorks”, and 5,138,550 for “American LandMaster”. Plaintiff is seeking damages, attorneys’ fees, costs and disbursements, pre-judgment and post-judgment interest, and all other relief just and proper.

Plaintiff is an Indiana-based manufacturer of recreational off-road vehicles, ATVs, UTVs, and go-karts. According to the complaint, Defendant is a Canadian citizen and the owner of the website www.americansportworksparts.com.

April 13, 2018

Indiana Cable/Satellite TV Litigation: Pennsylvania Corp. Sues Indiana Establishment Over UFC Broadcast

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Joe Hand Promotions, Inc., of Feasterville, Pennsylvania filed suit in the Southern District of Indiana alleging that Defendants, The Anchor Lounge, LLC, d/b/a The Anchor Lounge, of Muncie, Indiana, and Randy Phillips, an individual residing in Delaware County, Indiana, infringed its rights in the “Ultimate Fighting Championship® 207: Nunes v. Rousey” (“the Program”). Plaintiff is seeking statutory damages, attorney’s fees, interest, and cost of suit.