The US Trademark Office issued the following 130 trademark registrations to persons and businesses in Indiana in December, 2012, based on applications filed by Indiana Trademark Attorneys:
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The US Trademark Office issued the following 174 trademark registrations to persons and businesses in Indiana in November, 2012, based on applications filed by Indiana Trademark Attorneys:
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The US Trademark Office issued the following 214 trademark registrations to persons and businesses in Indiana in October, 2012, based on applications filed by Indiana Trademark Attorneys:
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The US Trademark Office issued the following 160 trademark registrations to persons and businesses in Indiana in September, 2012, based on applications filed by Indiana Trademark Attorneys:
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The US Trademark Office issued the following trademark registrations to persons and businesses in Indiana in August, 2012 based on applications filed by Indiana trademark attorneys:
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The US Trademark Office issued the following 152 trademark registrations to persons and businesses in Indiana in June, 2012 based on applications filed by Indiana Trademark attorneys:
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The US Trademark Office issued the following 194 trademark registrations to persons and businesses in Indiana in May, 2012, based on applications filed by Indiana Trademark Attorneys:
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4149541 |
ESENSE INCORPORATED IN EVERYTHING WE DO |
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4151667 |
COOL CURE 365 |
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4150758 |
PRESS GANEY OUTCOMES DRIVEN. PERFORMANCE STRONG. |
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4141938 |
JOURNEY FORWARD |
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4150205 |
BODY ENVY |
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4150167 |
SLUMBER MAX |
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4150109 |
OA |
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4150083 |
DON’T BE A TOOL – RENT ONE |
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4150077 |
CTEMS |
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4150057 |
WELLFOUNT |
Indianapolis; IN – Trademark attorneys for App Press, LLC of Indianapolis, Indiana filed a declaratory judgment suit seeking a declaration that it is not infringing the trademarks of Apress Media, LLC of New York, New York.
App Press, LLC brings action against Apress Media, LLC in order to protect the right to use and continue to conduct business under the registered trademark, and asserts that use of the mark for App Press does not infringe on any trademark held by Apress. App Press is a company that creates, owns, and licenses the use of web-based software that allows
consumers to create apps that can be used on mobile devices. According to the Complaint, App Press applied for trademark registration on January 7, 2011 and was registered by the United State Patent and Trademark Office on August 9, 2011. During this period, the trademark was open to opposition on May 24, 2011. Apress Media is a publishing company that edits, publishes and sells books with the focus on technological issues and how-to advice. Apress Media applied for trademark registration on May 7, 2010 and was registered on March 8, 2011. According to App Press, on August 15, 2011, Apress Media sent a cease and desist letter demanding App Press immediately stop the use of their trademark alleging that it infringed on the trademark of Apress and constituted trademark infringement, unfair competition, cyberpiracy and dilution. App Press claims that they forwarded the letter to their counsel who contacted Apress Media’s counsel by phone. Almost two weeks passed that counsel for both parties went back and forth via telephone before they were able to confer regarding the issues set forth in the letter in which App Press agreed and sent a letter describing their product and why it was not infringing on Apress Media’s trademark. Approximately eight months later, on May 8, 2012, Apress again contacted App Press and again asserted that App Press’s use of the App Press trademark was infringing on the Apress trademark. Counsel for App Press has filed the Complaint for declaratory relief and to obtain declaration that App Press’s use of their trademark does not infringe upon any trademarks owned by Apress Media.
Practice Tip: The remedy of declaratory judgment is found in 28 U.S.C.A. § 2201 and allows for any US court to declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.
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Indianapolis; IN – Trademark attorneys for Dillinger, LLC of Mooresville, Indiana filed a complaint for injunctive relief and damages in alleging The Pour House on Lincoln, Inc. d/b/a Dillinger’s Chicago Bar & Grill, Inc. of Chicago, Illinois infringed trademark registration nos. 3,483,359 for the mark DILLINGER’S and no. 4,091,160 for the mark PUBLIC ENEMY which have been registered by the US Trademark Office.
Dillinger, LLC is owned and operated by Jeff Scalf and, according to the Complaint, is the descendant of gentleman bandit John Dillinger. Dillinger, LLC owns numerous trademark registrations for DILLINGER, JOHN DILLINGER, PUBLIC ENEMIES, and many other trademarks related to the life of John Dillinger. Dillinger, LLC is also the owner of all rights, title, and interest to both DILLINGER’S and PUBLIC ENEMIES and both marks have been used in interstate commerce in connection with restaurant and bar services as early as 2002. According to the Complaint, Dillinger, LLC has never authorized The Pour House on Lincoln d/b/a Dillinger’s Chicago Bar & Grill to use the DILLINGER or PUBLIC ENEMIES marks in any way and also alleges that in July 2010 it came to their attention that the Defendants were operating a restaurant using the DILLINGER and PUBLIC ENEMIES trademarks. Upon their knowledge of the trademark usage, Dillinger, LLC alleges that The Pour House was contacted about the infringement and in August of the same year they traveled to Indianapolis for the purpose of obtaining a license for the use of the trademarks. The Complaint states that an oral agreement was reached and reduced to writing, but never executed and yet The Pour House willfully continued its infringing usage of the DILLINGER and PUBLIC ENEMIES trademarks, specifically on their website, food and drink menus and the menus posted on the storefront. Dillinger, LLC asserts five counts for the violations of the defendants, including demand for preliminary and permanent injunction; federal trademark infringement; cybersquatting; false designation of origin, false descriptions and unfair competition; and dilution by blurring. In order to avoid any irreparable harm from the loss of reputation the DILLINGER names could suffer as a result of the unauthorized use of the trademarks and the accrual thereof, Dillinger, LLC is seeking to permanently enjoin The Pour House from using the DILLINGER and PUBLIC ENEMIES trademarks or inducing such belief, actual damages suffered as a result of the alleged trademark violations, statutory and exemplary damages, and the profits derived from the infringing activities.
Practice Tip: U.S.C. title 15, chapter 22 governs trademarks, and §1117 specifically details the relief which can be granted as a result of trademark violation.
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The US Trademark Office issued the following 138 trademark registrations to persons and businesses in Indiana in April, 2012, based on applications filed by Indiana Trademark Attorneys:
| Registration No. | MARK | |||
| 1 | 4133431 | INDIANA HAND TO SHOULDER CENTER | VIEW | |
| 2 | 4132040 | CHAIRS | VIEW | |
| 3 | 4131967 | EV-N-SPRED | VIEW | |
| 4 | 4131894 | KEYMARK | VIEW | |
| 5 | 4131738 | S25 SPRAY-PRO | VIEW | |
| 6 | 4131665 | TAKING ENERGY IN A NEW DIRECTION | VIEW | |
| 7 | 4131578 | CLD | VIEW | |
| 8 | 4131522 | BLASTMEDIA | VIEW | |
| 9 | 4131326 | PR PRECISION RINGS INCORPORATED | VIEW | |
| 10 | 4131155 | ASSASSIN HTPC | VIEW | |
| 11 | 4131035 | PEOPLE FOR URBAN PROGRESS | VIEW | |
| 12 | 4131029 | BE ADVISER | VIEW | |
| 13 | 4131015 | VIPER | VIEW | |
| 14 | 4131012 | DRIVEVELOCITY | VIEW | |
| 15 | 4131011 | DRIVEVELOCITY | VIEW |
Indiana Intellectual Property Law News