New Litigation

May 4, 2018

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

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.

April 12, 2018

Indiana Cable/Satellite TV Litigation: Pennsylvania Corp Sues Indiana Restaurant Over Pirated UFC Broadcasts

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Joe Hand Promotions, Inc., of Feasterville, Pennsylvania filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings, Inc. d/b/a Matey’s Restaurant & Bar, of Michigan City, Indiana, Bryan Konieczny, and Mark Kehoskie, both individuals residing in Indiana, infringed its rights in the “UFC 202: Diaz v. McGregor 2”, “UFC 203: Miocic v. Overeem”, “UFC 205: Alvarez v. McGregor”, “UFC 207: Nunes v. Rousey”, “UFC 208: Holm v. de Randamie”, and UFC 210: Cormier v. Johnson 2” (“the Programs”). Plaintiff is seeking statutory damages, attorney’s fees, interest, and costs.

April 6, 2018

Indiana Trademark Litigation: Arizona Bathroom Company Sues Indiana Franchisee

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Re-Bath, LLC, of Phoenix, Arizona originally filed suit in the Marion Superior Court alleging that Defendants, Alternative Construction Concepts, LTD. d/b/a Re-Bath Designs of Indianapolis, of Indianapolis, Indiana, Steven O’Reilley of Indianapolis, Indiana, and Deborah O’Reilley of Indianapolis, Indiana of infringing trademark rights. Plaintiff is seeking a temporary restraining order, preliminary and permanent injunction and all other just and proper relief.

Defendant is a franchisee of Plaintiff’s Phoenix-based business. As part of the franchise agreement, Plaintiff allowed Defendant to use its trademarks, goodwill, concepts, operating systems, confidential information, method of operation and technical expertise and know-how to operate a bathroom remodeling business.

April 5, 2018

Indiana Patent Litigation: Texas Pharmaceutical Company Sues Indiana-Based Roche

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Blue Sky Networks, LLC of Plano, Texas filed suit in the Southern District of Indiana alleging that Defendant, Roche Diabetes Care, Inc., of Indianapolis, Indiana infringed its rights in United States Patent Nos. 6,484,027, (“the ‘027 Patent”), 6,865,372, (“the ‘372 Patent”), 8,265,691, (“the ‘691 Patent”), 8,346,169, (“the ‘169 Patent”), and 8,792,828 (“the ‘828 Patent”). Plaintiff is seeking judgment, damages, and attorneys’ fees.

According to the complaint, “The Asserted Patents are directed to wireless mobile devices, such as handsets, peripherals, and computing devices, that operate via wireless short-range direct communication with other wireless devices. Such devices may also be enabled for simultaneous operation on a wireless network…and wireless short-range direct communication with other wireless devices.”

March 27, 2018

Indiana Copyright Litigation: Bell Sues Atlanta-Based Real Estate 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, ROI Property Group Management, LLC, infringed its rights in the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:

Bell’s lawsuit against the Defendant stems from Defendant’s alleged use of the copyrighted photo on its commercial website. Plaintiff claims that Defendant used the picture without authorization in November 2017, and the use continued through December 2017.

According to the complaint, the Defendant did not request or receive permission or authorization to use the photo, and instead claimed it owned the copyrights of all images appearing on its website.

Plaintiff has formally alleged copyright infringement and violations of the Lanham Act.

March 26, 2018

Indiana Copyright Litigation: Bell Takes Aim at Indiana-Based Bank in Latest Lawsuit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Merchants Bank of Indiana, infringed its rights in the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:

According to the complaint, the Defendant used the copyrighted photo on its business website without authorization. Plaintiff states that in November 2017, he found the unauthorized use of the photo through a Google image search.

Plaintiff claims that the Defendant recklessly claimed ownership of the photo by claiming copyrights to all photos appearing on its website.

Plaintiff has formally alleged copyright infringement and violations of the Lanham Act.

March 6, 2018

Ninth Circuit Court of Appeals Grants Defendant, Nike, Inc.’s Motion to Dismiss

By Overhauser Law Offices, LLC

Jacobus Rentmeester of Westhampton Beach, New York, had filed a Copyright infringement lawsuit in the U.S. District Court, District of Oregon alleging that Nike, Inc., an Oregon Corporation with place of Business in Beaverton, Oregon infringed a photograph taken by Plaintiff.

The photograph at issue in this case was the iconic photo of Michael Jordan upon which the “Air Jordan” brand logo is based. In the photo, taken by Nike shortly after Jordan was drafted by the Chicago Bulls, Jordan is seen mid-air, reaching towards a basketball hoop with the ball in his left hand and his legs spread. In the background of the photo is the silhouette of the Chicago skyline, with the dusk sky above it. The photo formed the basis for the famous Jordan Brand logo, which is a white silhouette of Jordan’s shape in the photo against a black background.