Indiana Intellectual Property Law News
New Albany, Indiana – Ultra Athlete LLC (“Ultra Athlete”) originally filed suit against Defendants, Jalmar Araujo and JB Sports, LLC d/b/a Flexibrace, in the Southern District of Indiana. Ultra Athlete claimed the Defendants willfully infringed its rights in both United States Patent Nos. 6,749,578 for “Ankle Brace With Cuff and Strap” and D550,370 for “Ankle Brace Shell”. Further, Ultra Athlete claimed Defendants violated the Lanham Act by infringing its trade dress and by acting in a manner that constituted unfair competition. Finally, Ultra Athlete claimed Defendants violated the unfair competition laws of Indiana.
After the Court dismissed the patent infringement and Lanham Act unfair competition claims, the only claims remaining in the suit were trade tress infringement and unfair competition under Indiana laws. Ultra Athlete filed the dismissed claims in the proper venue – the District of Massachusetts – and Defendants moved to transfer the remaining claims to the same venue.
Judge Richard L. Young of the Southern District of Indiana granted the Motion to Transfer the case to the District of Massachusetts stating, “[t]he court finds the convenience of the parties, the convenience of the witnesses, and the interests of justice warrant” the transfer. Judge Young further noted, “most importantly, transferring this case to Massachusetts will avoid duplicative litigation and the potential for conflicting rulings.” Overhauser Law Offices represented the prevailing Defendants in both the Motion to Dismiss and the Motion to Transfer.
The case was assigned to Judge Richard L. Young and Magistrate Judge Debra McVicker Lynch in the Southern District and assigned Case 4:17-cv-00237-RLY-DML.