Articles Posted in New Litigation

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 Hammond, Indiana – Copyright lawyers for Broadcast Music, Inc.of New York City have filed an infringement suit on behalf of musical artists which BMI represents. The complaint alleges Trioak, Inc. d/b/a R House of Brews of Crown Point, IN, infringed the right to publicly perform twelve songs, including works by artists such as the Everly Brothers, Hank Williams Jr., Joe Walsh, Al Green, and Johnny Cash. All of the allegedly-infringed works have been registered with the U.S. Copyright Office.
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New Albany, Indiana – Intellectual property attorneys for Joe Hand Promotions, Inc. of Feasterville, PA, have filed a lawsuit alleging William D. Longwell of Clarksville, IN, and Pitt Stop Pub & Grill of Beloit, WI improperly obtained a broadcast of Ultimate Fighting Championship (UFC) bout #94. The complaint alleges that the plaintiff holds the distribution rights to the UFC fight and that the defendants, in violation of 47 U.S.C. § 553 and 47 U.S.C. § 605(a), used illegal means to intercept the broadcast, such as an illegal satellite receiver, misrepresenting their business as a residence, or moving an authorized receiver from one location to another.

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New Albany, Indiana – Trademark attorneys for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging Designer Fragrance & Gifts of Jeffersonville, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint alleges infringement of copyrights which have been registered with the U.S. Copyright Office . Coach also alleges that its products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition, according to the complaint.

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New Albany, Indiana – Trademark lawyers for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging TJ’s Handbags & More of Scottsburg, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint asserts copyrights which have been registered with the U.S. Copyright Office and maintains that Coach’s products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The complaint alleges that the defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition.

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Indianapolis, Indiana – Patent lawyers for Rego-Fix AG of Indianapolis, IN, filed a lawsuit alleging that Techniks, Inc. of Indianapolis, IN, infringed the following patents issued by the US Patent Office: Patent No. 7,140,616, titled CLAMPING DEVICE FOR MACHINE TOOLS, and Patent No. RE37,484, also titled CLAMPING DEVICE FOR MACHINE TOOLS.

The technology disclosed and claimed in Rego-Fix’s patents relate to an improved slotted tool-holding collet capable of providing coolant to the tip of a tool during operation and a collet having a sealing washer element. Plaintiff cites the defendant’s catalog as proof of the allegedly-infringing activity.
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Indianapolis, Indiana – Patent lawyers for Walker Digital, LLC of Stamford, CT, have filed a lawsuit alleging Multi-State Lottery Associationof Urbandale, IA, is infringing Patent No. 7,740,537, titled SYSTEM AND METHOD FOR APPLYING LOTTERY MULTIPLIERS, as issued by the U.S. Patent Office.

The claimed invention is one for processing lottery ticket sales, namely “multiplier” tickets which can be applied to a winning lottery ticket to increase its redemption value. The plaintiff alleges that the defendant’s systems which implement the well-known Powerball(R) lottery game directly and indirectly infringe the ‘537 patent. Apparently the plaintiff and defendant had discussions regarding the licensing of the patent, with the defendant electing to not take a license.
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Indianapolis, Indiana – Patent attorneys for Remy International, Inc. of Pendleton, IN, have filed a lawsuit alleging Wetherill Associates, Inc., doing business as WAIGlobal, of Fort Lauderdale, FL, is infringing the following seven patents issued by the U.S. Patent Office: Patent No. 5,295,404, titled SHIFT LEVER MECHANISM FOR ENGINE STARTING APPARATUS; Patent No. 5,252,878, titled BRUSH HOLDER ASSEMBLY; Patent No. 5,307,700, titled ELECTRIC ENGINE STARTER; Patent No. 5,105,114, titled FRAME AND MAGNET ASSEMBLY FOR A DYNAMOELECTRIC MACHINE; Patent No. 5,268,605, titled ELECTRICAL FIELD CONNECTION; Patent No. 5,453,648, titled BRIDGE RECTIFIER HAVING AN OUTPUT TERMINAL STUD; and Patent No. 5,315,195, titled SELF-ATTACHING COVER FOR A DYNAMOELECTRIC MACHINE.

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Fort Wayne, Indiana – Copyright attorneys for Arbor Home Building Corporation of Fort Wayne, IN, have initiated litigation against Miller Custom Homes, LLC of Leo, IN, alleging an infringement of an architectural drawing which has been registered with the U.S. Copyright Office. Both the plaintiff and defendant design and build residential homes. The plaintiff Arbor Home claims that the defendant Miller has built a home which is “substantially similar” to plaintiff’s Mariam style of house, illustrated in the copyrighted drawing and built as a model in Fort Wayne.

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 South Bend, Indiana – Trademark lawyers for Group Force Capital, LLC of Aventura, FL, filed a lawsuit alleging Virtuoso Distillers, LLC of Mishawaka, IN, infringed Trademark Registration No. 3,791,405 for the mark L’CHAIM, as registered by the U.S. Trademark Officein connection with specific types of alcoholic beverages. Group Force creates and distributes alcoholic beverages, including a line of Kosher ones which are sold under the asserted mark. It is alleged that the defendant later applied to federally register the mark L’CHAIM VODKA in the same class of goods and displays a bottle of the beverage at the Web sitewww.lchaimvodka.com. TheU.S. Trademark Officerefused defendant’s trademark application, and defendant has since petitioned to cancel the plaintiff’s registration, alleging a priority of use. Plaintiff Group Force, by its complaint, alleges trademark infringement, unfair competition, and a violation of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
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 Indianapolis, Indiana – A multidistrict litigation panel has consolidated eleven patent infringement lawsuits with the case pending beforeSenior Judge Larry J. McKinneyand Magistrate Judge Debra McVicker Lynchin theSouthern District of Indiana. The cases, filed byGreenshift Corp.involve Patent No.7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office. The transfer order found that Indianapolis was a “readily accessible district near many of the alleged direct infringers … which are scattered throughout the Midwest.” The case no. is 1:2010cv08003.
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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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