Articles Posted in New Litigation

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New Albany, Indiana – Trademark lawyers for Batesville Services, Inc. of Batesville, IN, filed an infringement suit alleging Safe Choice, Inc. of Charlotte, NC, and the Safe Choice principals are infringing various trademarks for burial caskets, including several which are registered with the U.S. Trademark Office.

The plaintiff is a long-time manufacturer and marketer of caskets and alleges in its complaint that the defendants are using, without approval, Batesville trademarks and related imagery on their Web site to advertise caskets. The complaint also cites the plaintiff’s copyrighted lithographic casket images, as registered with the U.S. Copyright Office, and includes claims for copyright infringement as well as trademark infringement and unfair competition.
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Fort Wayne, Indiana – Copyright lawyers for Sandra Wilson of Portland, TN have filed a lawsuit alleging Michelle Parrish d/b/a Want2Scrap of Fort Wayne, IN, has infringed a copyrighted work, for which an application has been filed with the U.S. Copyright Office.

The plaintiff created an acrylic dress scrapbook album design which she had laser cut by defendant Want2Scrap, who sent plaintiff a work sans the pinafore element and a pinafore design created by Want2Scrap. For a period of time, plaintiff worked for Want2Scrap as an independent contractor and created other works specifically for the company. Subsequently, the plaintiff noticed her work being displayed, without authorization, on the Want2Scrap Web site and at their booth at a convention. Want2Scrap revised the designer listing on the Web site so that plaintiff’s name no longer was listed. The plaintiff has since filed a complaint for copyright infringement, seeking damages.
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 Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Accessory Closet, of St. John, 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. As with other filings in this state and elsewhere, 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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Lafayette, Indiana – Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Diggz Clothing, LLC of Lafayette, 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. Identical to others filed by the plaintiff, 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 lawyers for The Bettie Page Trust of Indianapolis, IN, and its administrator Mark A. Roesler, have filed a lawsuit alleging Stockingirl.com of Connecticut and its principal Edward Miccinati are infringing trademarks, copyrights, rights of publicity, and other intellectual property of the late “pin-up” queen Bettie Page.

Defendants are in the business of producing and selling, over the Internet, “women’s leg wear, stockings, and/or lingerie.” The complaint states that the trust has previously entered into license agreements with the defendants, but that the defendants are now, without approval, marketing women’s undergarments under brand names incorporating the word “Bettie.” Trademark infringement, false endorsement, violations of the statutory and common law rights of publicity, and unfair competition are among the causes of action raised.
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Hammond, Indiana – Intellectual property counsel for Microsoft Corporation of Redmond, WA, filed an infringement suit alleging John Sims as the principal of EZ Computers of Gary, IN, has knowingly infringed several trademarks and copyrighted works.

The plaintiff is a well-known computer software company which asserts numerous copyrights in its software that have been registered with the U.S. Copyright Office, including the following works: WINDOWS XP PRO, OFFICE 2003 PROFESSIONAL, OFFICE EXCEL 2003, OFFICE OUTLOOK 2003, OFFICE POWERPOINT 2003, OFFICE WORD 2003, and OFFICE ACCESS 2003. The plaintiff also owns and asserts several trademarks which have been registered with the U.S. Trademark Office in connection with software, including the following: Trademark Registration No. 1,200,236 for MICROSOFT; Trademark Registration No. 1,872,264 for WINDOWS; Trademark Registration No. 2,744,843 for COLORED FLAG DESIGN; and Trademark Registration No. 2,188,125 for OUTLOOK.
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 Indianapolis, Indiana – Patent lawyers for Alcon Research, Ltd and Alcon Laboratories, Inc., both of Fort Worth, TX, filed a lawsuit alleging Wockhardt Limited of Maharashta, India, and Wockhardt USA, LLC, of Parsippany, NJ, have infringed, and will infringe, Patent No. 5,641,805, titled TOPICAL OPTHTHALMIC FORMULATIONS FOR TREATING ALLERGIC EYE DISEASES, as issued by the U.S. Patent Office.
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Indianapolis, Indiana – Patent attorneys for GS Cleantech Corporation of New York, NY, filed an infringement suit alleging Cardinal Ethanol, LLC of Union City, IN, has infringed Patent No. 7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS, as issued by the U.S. Patent Office.

The ‘858 patent is directed to the recovery of corn oil from the byproducts produced during ethanol manufacture, and the defendant is generally alleged to be practicing one or more of the claimed methods.
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 Indianapolis, Indiana – Patent lawyers for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Fresenius Kabi Oncology PLC of London, United Kingdom, 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.
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 Hammond, Indiana – Intellectual property lawyers for Joe Hand Promotions, Inc. of Campbell, CA, have filed a lawsuit against Beerbelly’s Corp. of Gary, IN, alleging the defendant intercepted a March 1, 2008, Ultimate Fighting Championship broadcast. The plaintiff claims to hold the rights to distribute the broadcast of those particular fights and that the defendant, and/or its agents, unlawfully published and exhibited the signal at its place of business. Violations of 47 U.S.C. §§ 553 and 605, which prohibit unauthorized reception and use of satellite and cable system transmissions, are asserted, along with a claim for conversion (a civil cause of action analogous to criminal theft).
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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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