Articles Posted in New Litigation

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Indianapolis, Indiana – Trademark infringement litigation attorneys for Travellers’ Joy, Inc. of Wilmingon, Delaware has filed an infringement suit against Haycco, LLC of California in the Southern District of Indiana.

The complaint alleges infringement of US registration nos. 3,560,502 and 3,718,357, which are for stylized logos of the word TRAVELLER’S JOY for gift registration services. The plaintiff operates the website www.travelersjoy.com and defendant runs http://joyhoneymoon.com. The complaint also alleges trademark dilution and unfair competition.

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 Indianapolis, Indiana – In a case which was transferred from federal court in Connecticut, patent lawyers for GS Cleantech Corporation of New York City have filed a lawsuit alleging Flottweg Separation Technologies, Inc. of Norwalk, CT, and Flottweg AG of Germany are infringing Patent No. 7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office.

The complaint notes that a separate lawsuit, filed by ICM, Inc., is pending in federal court in Kansas. The plaintiff in that case requests a declaratory judgment of non-infringement and invalidity of the ‘858 patent.
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Hammond, Indiana – Copyright lawyers for BMI (Broadcast Music, Inc.) of New York City and various musical copyright holders such as Universal and EMI Virgin Songs have filed a copyright infringement lawsuit against the Shenanigans pub in Portage, IN. The complaint alleges that the defendant and its chief officer caused, publicly displayed at least ten musical compositions protected by copyrights registered in the U.S. Copyright Office without obtaining a copyright license.

This case has been assigned to Judge Theresa Springmann and Magistrate Judge Andrew Rodovich in the Northern District of Indiana, and assigned case no. 2:10-cv-00458-TLS-APR.

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 A patent infringement suit filed in Illinois by MedIdea LLC against Zimmer, Inc. of Warsaw, Indiana has been transferred to the Northern District of Indiana. The suit alleges infringement of the following patents issued by the U.S. Patent Office: 6,200,350 and 6,383,225, which relate to Hips, and Nos. 6,267,785, 6,379,391, 6,398,812, 6,821,300, and 7,229,478 which relate to shoulders.

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Indianapolis, Indiana – Patent lawyers for Draper, Inc. of Spiceland, IN, have filed a declaratory judgment lawsuit against MechoShade Systems, Inc., and Joel Berman Associates, Inc., both of Long Island City, NY. In particular, the suit seeks a ruling that Patent No. 6,164,428, titled Wrap Spring Shade Operator (“the ‘428 patent”) and issued by the U.S. Patent Office, as well as certain of the defendants’ trade dress, are invalid and not infringed.

According to the complaint, the plaintiff Draper sells window shades. The defendant Mr. Berman alleged that Draper’s brackets for mounting window shades infring the ‘428 patent and the defendants’ trade dress. The plaintiff, in turn, alleges that the ‘428 patent is invalid for failing to meet the requirements for patentability in Sections, 102, 103, and 112 of the Patent Act and that the appearance of defendants’ brackets is functional, generic, and not capable of protection as trade dress.

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New Albany, Indiana – By counsel, CNH America, LLC of Racine, WI, has filed a trademark infringement suit against Davis Equipment Sales & Service, Inc. of Salem, IN, alleging infringement and dilution of the NEW HOLLAND mark and logo, which have been registered by the U.S. Trademark Office, and unfair competition.

The plaintiff manufactures agricultural products and related equipment, while the defendant served as an authorized dealer of those products. The complaint alleges that the defendant, following termination of the dealer agreement, has not complied with its obligation to remove all signs and advertising displays bearing the asserted trademarks, thereby infringing the Lanham Act and Indiana state unfair competition and dilution laws.
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South Bend, Indiana – Patent lawyers for Geocel, LLC of Elkhart, IN, filed a declaratory judgment suit against Chem Link, Inc. of Schoolcraft, MI, requesting that Chem Link’s patent be found to be invalid and not infringed. The patent at issue is Reissue Patent No. RE41,586, titled Pitch Pocket and Sealant, which has been issued by the U.S. Patent Office. The basis for patent invalidity includes alleged violations of the “recapture rule,” which is unique to reissued patents, as well as violations of Sections 102 and 103 of the Patent Act and inequitable conduct.

This case has been assigned to Judge Theresa Springmann in the Northern District of Indiana, and assigned case no.3:10-cv-00474-TLS.
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Indianapolis, Indiana – Connecticut Electric, Inc. of Anderson, IN, has filed a trademark infringement suit against Pacific Coast Breaker, Inc., and PC Systems, Inc., alleging infringement of the mark ZINSCO, which has been registered by the U.S. Trademark Office. The plaintiff claims that the defendants stopped purchasing circuit breakers from plaintiff and began selling circuit breakers that look “identical in appearance to the ZINSCO circuit breakers.” This case has been assigned to Senior Judge Larry J. McKinney and Magistrate Judge Tim A. Baker of the Southern District of Indiana, and assigned case no. 1:10-cv-01440-LJM-TAB.

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 A patent infringement suit filed in Illinois by Hudson Surgical Design, Inc. against Biomet, Inc. of Warsaw, Indiana has been transferred to the Northern District of Indiana. The suit alleges infringement of Patent No. 7,344,541, “Methods and Apparatus for Femoral and Tibial Resection” which was issued by the U.S. Patent Office. In ordering the transfer, Judge Ruben Castillo of the Northern District of Illinois stated, “After a careful review of the Defendants’ pending motion to transfer and Plaintiff’s response thereto, the pending motion to transfer is granted for the reasons outlined by Judge William Hart in the related case of Hudson v. DePuy, 10 C 2103 and for the reasons set forth in the pending motion pursuant to 28 U.S.C. §1404(a). In the Indiana Court, the case has been assigned to Chief Judge Philip P. Simon and Magistrate Judge Christopher A. Nuechterlein.
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 Indianapolis, Indiana – Patent lawyers for Forecast Sales, a division of McCoy Investments, Inc. of Indianapolis, IN, filed a lawsuit alleging Axxiom Manufacturing, Inc. of Fresno, TX, has engaged in false patent marking, in violation of Section 292 of the Patent Act. In particular, the “relator” (a legal term for the party suing on behalf of the United States government) Forecast Sales sells aftermarket parts for Axxiom products and alleges that Axxiom has wrongfully been marking products with the following expired patents, all of which were issued by the U.S. Patent Office: Patent No. 3,476,440, titled PORTABLE ABRASIVE CONTAINER AND DISPENSER UNIT; Patent No. 4,322,058, titled PIPE SIDE VALVE; Patent No. 4,339,897, titled SANDBLASTING METHODS AND APPARATUS; and Patent No. 4,339,887, titled DECOY, MOLD AND METHOD OF CONSTRUCTION.
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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
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Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
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Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
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101 W Ohio St #2000
Indianapolis, IN 46204
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