Indiana Intellectual Property Law News

April 11, 2023

Matthew P. Brookman Sworn in as United States District Judge

INDIANAPOLIS, Indiana – The Honorable Tanya Walton Pratt, Chief Judge of the United States District Court for the Southern District of Indiana, announced that Matthew P. Brookman was sworn in as a District Judge this morning. Senior District Judge Richard L. Young, whose seat Judge Brookman fills, administered the oath at the Winfield K. Denton Federal Building and United States Courthouse in Evansville, Indiana.

Judge Brookman was nominated by President Joseph R. Biden on January 3, 2023, and confirmed by the Senate on March 29, 2023. Prior to this appointment, Judge Brookman had served as United States Magistrate Judge for the Southern District of Indiana since February 1, 2016. Chief Justice John G. Roberts appointed Judge Brookman to serve on the Criminal Law Committee of the Judicial Conference of the United States in 2022.

Upon taking the oath, Judge Brookman stated, “I am grateful to have been nominated by the President and confirmed by the Senate as a District Court Judge for the Southern District of Indiana, and I am excited to begin the important work of the United States District Court.”

April 10, 2023

135 Trademark Registrations Issued to Indiana Entities in March 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 135 trademark registrations to persons and businesses in Indiana in March 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
7000658		CHEF KULEZA HOT SAUCE
7014322		WOMEN’S FINANCIAL EMPOWERMENT GROUP
7014448		ITALIAN FLUENCY PATH
7012513		ITALIAN MATTERS
7014445		MYCYBERSCORECARD

April 4, 2023

115+ Year Old Jewelry Store Sues Competition for Trademark Infringement

By Overhauser Law Offices, LLC

Crown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc. (“Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. § 1125(a)(1)(A), Indiana Common Law Trademark Infringement in violation of Ind. Code § 24-2-1-13.5 and Common Law Unfair Competition.

According to the complaint, Albert’s was established in 1905 in a tiny storefront in East Chicago, Indiana. They have grown to one of the largest and most successful family-owned jewelers in the entire country.

Cullen Wulf took over ownership of AaLand Diamond Jewelers in mid-2015, per their website. They tout to be the go-to-store for Northwest Indiana residence looking for custom jewelry, diamond engagement rings, and jewelry repairs. They also proclaim to be Northwest Indiana’s trusted gold & diamond buyer.

March 30, 2023

Professional Photographer Files Copyright Infringement Suit Against Used Car Dealers

By Overhauser Law Offices, LLC

Portland, Indiana – Plaintiff Alexander Bayonne Stross (‘Stross”) has filed suit against Defendants, Lynn Boolman Auto Sales Limited Liability Company and CARSFORSALE.COM, INC. for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information.

According to the Complaint, Stross was inspired by the growth and development of his hometown Austin, Texas to become a professional photographer. He centers his expertise on complicated architectural and landscape photography. Per the StrossStock website, Stross was nominated and accepted as a professional member of the American Society of Photographers in 2016. He received his B.S. in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet.

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. They tout to be a family owned local car business always looking to give the best deal.

Defendant, CARSFORSALE.COM, INC, founded over 20 years ago, is an online auto marketplace operating out of Sioux Falls, South Dakota. Per their website, their goal is to empower customers to find exactly what they need with a click of the button, because car shopping should be as fun as the drive. They serve over 100 million shoppers annually and work directly with over 22,500 dealerships nationwide.

March 28, 2023

Fireworks Company Takes On Competitors For Stealing Their Spark

By Overhauser Law Offices, LLC

Muncie, Indiana – The Plaintiff, 1.4g Holdings, LLC (“1.4g”), filed suit against North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. § 1125 and Misappropriation of Commercial Properties Under Indiana Common Law.

1.4g Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘76 Pro Line. Per their website, ’76 Pro Line’s mission is to provide high quality 1.54g fireworks for hobbyists, enthusiasts, professional shooters, and display companies. ’76 Pro Line items have been featured in displays and product demonstrations at several annual events including Western Winter Blast, Pyrotechnics Guild International, Cobra-Con, and the National Fireworks Association Expo.

North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. (“NCI”) are companies that also produce and sell consumer fireworks. According to its website, NCI is a second-generation, family-owned direct importer and wholesaler of customer 1.4G fireworks. With over 68 years of experience, they serve every pyro need with two distribution points in Muncie, Indiana and Forest Park, Georgia.

March 21, 2023

AI Developing Software Companies Litigate Over Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Disintermediation Services, Inc. (DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement.

DSI is a company that develops and sells software that supports omnichannel communications. DSI built implementations of its products on both Amazon Web Services and Microsoft Azure. Since launching their website in 2011, Disintermediation has handled over one million chat messages.

The Defendant, Perq Software, LLC (“Perq”), according to their website, was founded in 2008 by Andy Medley and Scott Hill, two Harvard Business School alumni set out to untangle a big, hairy problem with multifamily. The PERQ platform combines AI leasing assistant automation with powerful website conversion tools.

March 17, 2023

Alleged Deceptive Practices Result in Award Going to Wrong Business

By Overhauser Law Offices, LLC

Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC, filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for participating in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Roller Ready, LLC is a company that manufactures and sells rollers for various purposes, including painting, cleaning, and home improvement projects. Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers. The founders developed a new product that would allow users to clean paint rollers quickly and easily. The product, called the Roller Ready System, is a self-contained unit that allows users to clean paint rollers with a minimal amount of water and effort.

Monkey Rung is a product development company that is marketed by LA Systems, LLC which is owned and operated by Paul Kiley.

March 16, 2023

Patent Office Issued 270 Patents to Indiana Entities in January 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 270 patent registrations to businesses and individuals in Indiana during January 2023, based on applications filed by Indiana patent attorneys:

Patent Number		Patent Title
US 11566569 B1		Method and system for identifying abnormal valve performance in an internal combustion engine
US 11566670 B1		Sensor bearing housing
US 11565353 B2		Axle welder
US 11564674 B2		Lateral access system and method of use
US 11569616 B2		Connector with top- and bottom-stitched contacts

March 14, 2023

Vandor Group Inc. Files Patent Infringement Lawsuit Against Batesville Casket Company

By Overhauser Law Offices, LLC

Richmond, Indiana –The Plaintiff, Vandor Group, Inc. (“Vandor”) doing business as Starmark Cremation Products, filed suit against Defendant, Batesville Casket Company, Inc. (“Batesville”), for patent infringement.

Vandor was established in 1972 by Bruce Elder in Richmond, Indiana. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components. Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. They have designed, marketing and manufactured Sensible Solutions for its customers. Starmark prides itself on providing innovative, affordable and high quality products so that their customer can focus on the things that matter most; giving all families the opportunity to lay their loved ones to rest in an affordable yet dignified and respectful manner.

March 10, 2023

110 Trademark Registrations Issued to Indiana Companies in February 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 110 trademark registrations to persons and businesses in Indiana in February 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
6986618		OPTAVISE OPTIMAL BENEFITS, WELL-ADVISED.
6986617		OPTAVISE OPTIMAL BENEFITS, WELL-ADVISED.
6986433		LEVEL UP DICE
6986212		BE THE TREE
6985475		THE VINE CONNECTS