New Litigation

March 7, 2023

Local Medical Supply Store Sued for Selling Counterfeit Products

Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Defendant, JV Medical Supplies, Inc. for trademark infringement, false advertising and patent infringement.

BTL Industries, founded in 1993, is a leading manufacturer of non-invasive medical devices that are used for cosmetic and therapeutic purposes. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The device is used for body contouring, muscle strengthening, and rehabilitation. The FDA has cleared EMSCULPT for non-invasive treatment for the abdomen, buttocks, arms, calves and thighs.

JV Medical Supplies, a competitor of BTL Industries, also manufactures a similar medical device called the Muscle Stimulator. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications. The Indiana Secretary of State indicates that the corporation was created in 2021.

October 5, 2022

3CHI Sues Former Marketing Manager for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, 3C, LLC d/b/a 3CHI (pronounced “three-chee”) filed suit against Defendant and former employee, Jai Journay (“Journay”) for Misappropriation of Trade Secrets, Violation of Indiana’s Uniform Trade Secrets Act, and Breach of Employment Agreement.

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance. It started with 3CHI’s first CBN products. CBN was the first mildly psychoactive cannabinoid sold nationally in the USA. Shortly after, they became the first company to create and sell Delta 8 THC. 3CHI is the first company to legally vend THC products as a major sporting event, selling its products at NASCAR races. They also proclaim to have taken a leading role in working with government leaders and agencies around the world to help educate and create sensible legislation surrounding Delta 8 THC and other minor cannabinoids.

Defendant, Journay was hired on July 10, 2020 for a position in Sales and Education. During her employment, Journay was promoted to Marketing Manager. An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7^th, 2021. As the Marketing Manager, Journay had access to nearly all of 3CHI’s Confidential Information and Trade Secrets, including product formulas, recipes, customer lists, customer requirements, consumer data, marketing data and other analytics.

September 23, 2022

Rockville Bar Sued for Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

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

June 29, 2022

AAA Sues Local Body Shop for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The American Automobile Association, Inc. (“AAA”), the Plaintiff, is a not-for-profit, non-stock Connecticut Corporation. AAA provides approximately 60 million members with products and services throughout the United States and Canada. The products and services include automobile repair services at its AAA Car Care Centers and through AAA Approved auto repair businesses, financial advice, insurance and warranty coverage, and discounts. AAA provides its products and services through local AAA member clubs, including AAA Hoosier Motor Club. Since as early as 1902, AAA has uses more than 150 trademarks in connection with automobile-related products and services offered to its members.

June 28, 2022

Staffing Agency Sues Former Executive for Alleged Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Peoplelink, LLC (“Peoplelink”), a Delaware Corporation, filed suit in the Northern District of Indiana alleging that Defendant, Kelly Boutell, a former employee of Peoplelink, infringed their rights under the Federal Defend Trade Secrets Act, 18 U.S.C. § 1832, the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. § 1030 and committed Breach of Contract.

According to the Complaint, Boutell was employed by Peoplelink for over 20 years in various roles such as Certified Sales Trainer, Vice President of Fulfillment, and Senior Regional Vice President. Boutell was one of two Certified Sales Trainers. She conducted two-to-three annual sales training sessions for all of Peoplink business entities and functioned informally as a sales leader for Peoplelink’s entire footprint.

June 23, 2022

YouTube Celebrity “Omi in a Hellcat” Sued for Trademark Infringement

By Overhauser Law Offices, LLC

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. NuStar was granted a registration for its mark RELOADED® under Registration No. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania.

According to the Complaint, NuStar learned that Bill Omar Carrasquillo, a rapper and YouTube celebrity known as “Omi in a Hellcat,” intended to start an apparel company under the brand name RELOADED. NuStar sought to work out a licensing arrangement with Mr. Carrasquillo’s agent. These efforts fell apart in late 2019.

June 17, 2022

Design Tascono, Inc. sues The Concrete Lady, Inc. for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

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.

June 6, 2022

Violation of Etsy License Agreement Leads to Copyright Infringement Suit

By Overhauser Law Offices, LLC

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.

May 26, 2022

Popular Night Club Accused of Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Peer Music III LTD, Universal – Songs of Polygram International, Inc., Songs of Universal, Inc., EMI Consortium Songs, Inc. d/b/a EMI Longitude Music, Fourteenth Hour Music, Inc., Springtime Music, Inc., EMI Blackwood Music, Inc. Sony/ATV Songs LLC, and Fall out Boy Inc. d/b/a Chicago X Softcore Songs have allegedly contacted Warehouse L.L.C. d/b/a The Verve over 60 times since March 2018 to discuss their obligations under the Copyright Act without success.

September 15, 2021

Gardens Alive d/b/a Weeks Roses Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

New Albany, Indiana – Poulsen Roser A/S (“Poulsen”), the Plaintiff, is a family-owned company allegedly world-famous for breeding distinctive rose varieties. Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. In addition to being a world-renowned rose and receiving numerous awards, the INGRID BERGMAN rose was apparently inducted into the World Federation of Rose Societies’ Rose Hall of Fame in 2000.

Poulsen claims the Mark, protected under U.S. Federal Trademark Reg. No. 2,990,814 (the “‘814 Registration”), has been used in U.S. commerce continuously since 1986. Pursuant to 15 U.S.C. § 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Only Poulsen possesses the consent of the heirs of the actress Ingrid Bergman to use her name in connection with roses.