Articles Posted in New Litigation

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 South Bend, Indiana – Trademark lawyers for Celebration Station Properties, Inc. of Merrillville, IN, filed an infringement suit alleging The Celebration Station, LLC of Fort Payne, AL, has infringed the following federal trademark registrations, as issued by the U.S. Trademark Office in connection with goods and services such as entertainment services, toys, game prizes, and party favors: Trademark Registration No. 1,677,947 for the mark CELEBRATION STATION; Trademark Registration No. 1,677,948 for the mark CELEBRATION STATION (and Design); Trademark Registration No. 2,498,343 for the mark CELEBRATION STATION; and Trademark Registration No. 2,498,344 for the mark CELEBRATION STATION (and Design).
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Fort Wayne, Indiana – Copyright lawyers for DEI Incorporated of Cincinnati, OH, have filed a lawsuit alleging First Bank of Berne of Berne, IN, and K4 Architecture LLC of Cincinnati, OH, have infringed a work titled FIRST BANK OF BERNE, JOB 511, SKETCHES, RENDERINGS, FLOOR PLANS, AND DRAWINGS, which has been registered with the U.S. Copyright Office.

Plaintiff alleges that it was engaged by the First Bank of Berne to design a new bank branch and, after providing the bank with three sets of schematic designs, was informed that it would not be utilized in plan finalization and construction of the branch. The complaint states that, subsequently, the bank retained K4 Architecture to perform additional architectural services and/or construct the branch, in the process copying all or a substantial part of plaintiff’s copyrighted designs and drawings. The plaintiff’s complaint also recites claims for breach of contract, unfair competition, and tortuous interference with a contract.
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 Fort Wayne, Indiana – Trademark attorneys for Medical Informatics Engineering, Inc., of Fort Wayne, IN, have initiated litigation alleging Mitochon Systems, Inc., of Newport Beach, CA, has infringed the following trademarks, as registered with the U.S. Trademark Office in connection with computer software and services generally relating to medical records and information: Trademark Registration No. 3,516,923 for the mark MINIMALLY INVASIVE; Trademark Registration No. 3,516,922 for the mark MINIMALLY INVASIVE EHR; and Trademark Registration No. 3,516,921 for the mark MINIMALLY INVASIVE EMR.
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South Bend, Indiana – Patent lawyers for Dometic, LLC of Elkhart, IN, filed a patent infringement suit alleging Carefree/Scott Fetzer Company (d/b/a Carefree of Colorado) of Broomfield, CO, has infringed Patent No. 5,752,536, titled LOCKING MECHANISM FOR SLIDE-OUT ROOM COVER, as issued by the U.S. Patent Office.

Citing photographs and the product’s installation guide, the complaint claims that the defendant is selling a do-it-yourself retractable awning assembly for mounting over slide-out rooms on recreational vehicles and trailers. It is alleged that this product literally, or by equivalents, infringes the claims of the ‘536 patent and that the defendant further contributes to infringement of the patent by selling a substantially similar awning assembly to vehicle manufacturers for use as OEM equipment Continue reading

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Indianapolis, Indiana – Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging My Walk-In Closet of Greenwood, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Indianapolis, Indiana – Intellectual property counsel for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Novedades Latina of Indianapolis, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Indianapolis, Indiana – Intellectual property attorneys for Jane Ruemmele of Indiana have filed an infringement lawsuit against Fundex Games, Ltd. of Indianapolis, IN.

The plaintiff created a game in which the players place historical events described on cards in chronological order and markets this game under the trademark CHRONOLOGY(R), as registered with the U.S. Trademark Office under Trademark Registration No. 2,044,867. Copyrights in the game have been registered with the U.S. Copyright Office. The defendant acquired the company to whom the plaintiff licensed her game, but the complaint alleges that defendant failed to pay royalties for game sales and continues to sell the game despite the end of the license. Among others, causes of action are brought for breach of the license contract, trademark infringement, counterfeiting, unfair competition, copyright infringement, and trademark dilution.
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Indianapolis, Indiana – Patent lawyers for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Hospira, Inc. of Lake Forest, IL of Lake Forest, IL, has infringed and will infringe the following two patents, as issued by the U.S. Patent Office: Patent No. 4,808,614, titled DIFLUORO ANTIVIRALS AND INTERMEDIATE THEREFOR, and Patent No. 5,464,826, 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 notes 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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Indianapolis, Indiana – Patent lawyers for One Number Corporation of Anderson, IN, have filed a lawsuit alleging Google, Inc. of Mountain View, CA, has infringed the following two patents, as issued by the U.S. Patent Office: Patent No. 7,440,565, titled CONTACT NUMBER ENCAPSULATION SYSTEM, and Patent No. 7,680,256, titled CONTACT NUMBER ENCAPSULATION SYSTEM.

The asserted patents claim telecommunications systems which allow a user to obtain a telephone number that is associated with the individual, rather than being tied to a specific location or phone. The plaintiff’s complaint alleges that the defendant’s Google Voice PC-to-phone service, as well as the GrandCentral technology which defendant previously acquired, infringes both patents.
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 Indianapolis, Indiana – Patent attorneys for Eli Lilly and Company of Indianapolis, IN, and its subsidiary ICOS Corporation of Indianapolis, IN, initiated litigation alleging Synthon Pharmaceuticals, Inc. of Research Triangle Park, NC, have infringed the following two patents, as issued by the US Patent Office: Patent No. 6,821,975, titled BETA-CARBOLINE DRUG PRODUCTS, and Patent No. 7,182,958, titled BETA.-CARBOLINE PHARMACEUTICAL COMPOSITIONS.
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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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