Articles Posted in New Litigation

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 New Albany, Indiana – Trademark lawyers for Aire Serv Heating & Air Conditioning, Inc. of Waco, TX, have filed a lawsuit alleging Air Serv of Louisville of New Albany, IN, is infringing the following five trademarks registered with the U.S. Trademark Office: Trademark Registration No. 1,818,574 for the mark AIRE SERV in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No.1,890,475for the mark AIRE SERV in connection with residential and commercial oil, electric, gas, coal and propane heaters and air conditioners and replacement parts for same; Trademark Registration No. 1,927,783 for an AIRE SERV design mark in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No. 2,763,655 for the mark AIRE SERV in connection with energy-saving thermostats, HVAC services, duct cleaning, and inspection services; and Trademark Registration No. 3,578,721 for an AIRE SERV HEATING & AIR CONDITIONING design mark in connection with services similar to the ‘655 registration.
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Evansville, Indiana – Patent lawyers for SOP Services, Inc., of Las Vegas, NV, and Bear Archery, Inc. of Evansville, IN, have filed a lawsuit against Precision Shooting Equipment, Inc. of Tuscon, AZ. The suit alleges infringement of two patents issued by the U.S. Patent Office: Patent No. 5,749,351, titled COMPOUND ARCHERY BOW; and Patent No. 5,921,227, also titled COMPOUND ARCHERY BOW. SOP Services is the assignee of these two patents, and Bear Archery is the exclusive licensee.

The complaint claims that the defendant is manufacturing, using, selling, and offering to sell compound bows having an infringing “past parallel limb” design and cites the defendant’s product guide as well as photographs. Plaintiffs also request a declaratory judgment that the defendant’s U.S. Patent No. 7,699,045 is invalid and not infringed.
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Indianapolis, Indiana – Patent attorneys for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Sandoz, Inc. of Princeton, NJ, is infringing Patent No. 5,464,826, as issued by the U.S. Patent Officeand titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES.

The ‘826 patent covers the drug marketed under the name GEMZAR(R) for the treatment of abnormal masses of tissue known as neoplasms. The complaint states that, in a separate lawsuit, the ‘826 patent was found invalid on grounds of obviousness-type double patenting, but that Lilly has appealed to the Federal Circuit and believes the ruling will be reversed. Lilly also holds approved New Drug Application No. 20-509 for the use of GEMZAR(R) as a treatment for certain types of cancer.


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Hammond, Indiana – Trademark counsel for Trans-United, Inc. of Burns Harbor, IN, have filed a lawsuit alleging Trans-United, Inc. of Miami, FL, and its apparent directors infringed Trademark Registration No. 3,567,262 for the mark TRANS-UNITED, as registered with the U.S. Trademark Office for various moving and transport services.

The plaintiff claims to provide “industrial and specialty moving and transport services” throughout the United States and that the defendants have provided moving services throughout the country under the names TRANS-UNITED and/or TRANS-UNITED INC. Plaintiff further claims it received complaints from the defendants’ disgruntled customers and that the defendants registered the Internet domain name transunitedinc.com. Accordingly, causes of action in the complaint include federal trademark infringement and false designation of origin under the Lanham Act, a violation of the Anti-Cybersquatting Consumer Protection Act at 15 U.S.C. § 1125(d), and common law unfair competition.
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Indianapolis, Indiana – Copyright lawyers for Masterfile Corporationof Ontario, Canada, have filed a lawsuit alleging Kemp Title Agency, LLC of Louisville, KY, has infringed copyrighted works which have been registered with the U.S. Copyright Office.

The plaintiff is a stock photography company offering images in exchange for a license fee, while the defendant provides services relating to the sale of property. After discovering certain of its copyrighted images on the defendant’s Web site, the plaintiff sued for an accounting of damages and an injunction, claiming a violation of its reproduction and public display rights under the Copyright Act.
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Indianapolis, Indiana – Copyright attorneys for Masterfile Corporation of Ontario, Canada, have filed a lawsuit alleging Mark Stein d/b/a ourdivorceagreement.com of Milltown, IN, infringed copyrighted works which have been registered with the U.S. Copyright Office.

The plaintiff is a stock photography company offering images in exchange for a license fee, while the defendant provides services relating to the sale of property. After discovering certain of its copyrighted images on the defendant’s Web site, the plaintiff sued for an accounting of damages and an injunction, claiming a violation of its reproduction and public display rights under the Copyright Act.

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Indianapolis, Indiana – In a case which was originally brought in federal court in Chicago, patent lawyers for David O’Neill of Clarendon Hills, IL, have filed a lawsuit alleging that Roche Diagnostics Corporation of Indianapolis has been falsely, and intentionally, marking certain of its ACCU-CHEK(R) blood glucose monitoring products as protected by the following expired patents, all of which were issued by the U.S. Patent Office: Patent No. 4,891,319, titled PROTECTION OF PROTEINS AND THE LIKE; Patent No. 4,924,879, titled BLOOD LANCET DEVICE; and Patent No. 4,999,582, titled BIOSENSOR ELECTRODE EXCITATION CIRCUIT.

This type of case, in which an individual acts as a “private attorney general” and brings a lawsuit in the name of the government, is formally called a qui tam action. In his complaint, the plaintiff here makes the customary request that monetary damages be awarded in an amount up to $500 for each offense, with one-half going to the United States government and the other going to him as the party bringing this action.

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 Indianapolis, Indiana – Jill Wimberly, et al. of Indianapolis, IN, have filed, pro se (on their own behalf, rather than being represented by a lawyer), a lawsuit alleging that numerous large corporations, as well as the U.S. Patent Office, violated their “civil rights” in misappropriating the plaintiffs’ intellectual property. In particular, the plaintiffs claim to have designed a type of adult underwear for those experiencing incontinence which allegedly resembles products marketed by Procter & Gamble and Kimberly-Clark.
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South Bend, Indiana – Trademark lawyers for 1A Smart Start, Inc. of Irving, TX, have filed a lawsuit alleging Indiana Safe Start Inc. and Thomas Bjornstad, both of Elkhart, IN, have infringed, among other things, Trademark Reg. No. 2,170,846 for the mark SMART START, which has been registered with the U.S. Patent and Trademark Office in connection with “electronic breath activated ignition lock for automobiles.”

Allegedly, the defendant Bjornstad previously contacted the plaintiff’s franchisee in Indiana and expressed an interest in becoming a franchisee himself, but subsequently began using the mark SAFE START in connection with products similar to those of the plaintiff. In addition to trademark infringement under the federal Lanham Act, additional causes of action allege false designation of origin and unfair competition.
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Fort Wayne, Indiana – Copyright lawyers for Amy and James Ortega of Joplin, MO, have initiated litigation against Forks RV of Shipshewana, IN, and its agents, alleging they infringed a copyrighted work which has been registered with the U.S. Copyright Office.

The defendants manufacture and “up-fit” recreational vehicles. The complaint alleges that the plaintiffs and defendants forged a business relationship after the plaintiffs conceived of a use for “fifth wheel” trailers in the equine market. After a falling out, the plaintiffs claim that the defendants have infringed the plaintiffs’ copyrights in the equine trailer designs and drawings. Another cause of action claims a breach of an implied contract after the plaintiffs conferred benefits, such as a new customer base and marketing efforts, without receiving compensation.
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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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