Indiana Intellectual Property Law News

March 8, 2023

“As Seen On TV” Corporation Sues Competitor for Patent Infringement

Indianapolis, Indiana –The Plaintiff, TeleBrands Corporation, filed suit against Plaintiff, Vieneci Garden, Inc. for patent infringement.

TeleBrands Corporation is a leading direct television marketing company and the original creator of the “As Seen On TV” logo and category of the trade. They are a well-known direct-response marketing company that specializes in developing and promoting innovative consumer products. TeleBrands is currently celebrating 30 years of being in business. Its products can be found in over 70 countries. One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. TeleBrands holds several patents related to the design and construction of expandable garden hoses, including US10174870 and US10890278 both titled “Expandable and Contractible Garden Hose.”

Vieneci Garden, Inc. is a competing company that also produces and sells expandable garden hoses that is based out of Franklin, Indiana. According to the Indiana Secretary of State Vieneci was created in August of 2022. Their website touts them to be a preferred gardening tools supplier for a number of garden owners and gardeners.

March 7, 2023

Local Medical Supply Store Sued for Selling Counterfeit Products

By Overhauser Law Offices, LLC

Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Defendant, JV Medical Supplies, Inc. for trademark infringement, false advertising and patent infringement.

BTL Industries, founded in 1993, is a leading manufacturer of non-invasive medical devices that are used for cosmetic and therapeutic purposes. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The device is used for body contouring, muscle strengthening, and rehabilitation. The FDA has cleared EMSCULPT for non-invasive treatment for the abdomen, buttocks, arms, calves and thighs.

JV Medical Supplies, a competitor of BTL Industries, also manufactures a similar medical device called the Muscle Stimulator. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications. The Indiana Secretary of State indicates that the corporation was created in 2021.

March 2, 2023

USPTO Ushers in New Era with Introduction of Electronic Patent Grants

By Overhauser Law Offices, LLC

Beginning April 18, 2023, the U.S. Patent and Trademark Office (USPTO) is shifting towards issuing paper waste-reducing electronic patent grants (eGrants) to patent recipients—a new process that delivers the official copy of patent grants in an electronic format. We will provide a bound paper version as a ceremonial copy throughout a limited transition period, and then for a nominal fee thereafter.

February 23, 2023

Former Employees and their New Employer Sued Over Stolen Software

By Overhauser Law Offices, LLC

Evansville, Indiana – The Plaintiff, MaddenCo, Inc. (“MaddenCo”) filed suit against former employees, James Reed (“Reed”) and Dru Darby (“Darby”) along with their new employer HG Autotech LLC (“HG Autotech”) for Breach of Contract, Breach of Fiduciary Duties, Tortious Interference, Copyright Infringement, False Advertising, False Representations, False Designations of Origin, Reverse Passing Off and Unfair Competition.

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers. MaddenCo provides systems for retail, wholesale, commercial and retreading operations for independent tire dealers, and retail and commercial solutions for service centers for truck stops, with full integration to their own accounts payable and general ledger solutions. MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022.

February 21, 2023

Central Illinois Railroad Sues Former Employee for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels.

Per the Plaintiff’s website, IC is headquartered in Chicago, Illinois, and has been in business for 148 years. Its Slogan, “The Main Line of Mid-America,” perfectly describes its unique north-south routing running from Chicago to the Gulf Coast.

According to the complaint, the Defendant, Michael Belcher (“Belcher”) is a resident of Crown Point Indiana. He was employed as a Senior Manager for IC for 20 years until he was terminated on October 19, 2022. Belcher’s duties included writing software code for IC’s financial data systems that included, but was not limited to, IC’s systems for financial metrics, financial records, and compliance. Belcher served as the key point of contact for financial analysis, performance tracking, and corrective action related to Basic Capital budgets for all levels of Engineering management. He also participated in IC’s Share Units Plan and was awarded Performance Share Units (“PSUs”). Each time he was awarded PSUs, he received and accepted an award letter that contained a Confidentiality Clause. This prohibited him from revealing, disclosing or making known any Confidential Information without prior written consent from IC. Belcher also received regular training on the Company’s Code of Business Conduct that requires every employee to safeguard Company assets and intellectual property. The Code of Conduct also contained provisions defining Company Confidential Information, and prohibitions against disclosure.

February 10, 2023

132 Trademark Registrations Issued to Indiana Companies in January 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 132 trademark registrations to persons and business in Indiana in January 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
6965805		ELEVANCE HEALTH
6965804		ELEVANCE HEALTH
6965949		IVFPRO
6964216		DME SCRIPTS
6964097		KALIBHOOKIN

January 5, 2023

144 Trademark Registrations Issued to Indiana Companies in December 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 144 trademark registrations to persons businesses in Indiana in December 2022 based on applications filed by Indiana trademark attorneys:

Word Mark	Reg. Number
JUNE + VIE	6937855
TARGET SUFFICIENCY	6932552
KENZZI	6936891
Q PREMIUM NATURAL QUARTZ FROM MSI	6936681
Q	6936680
ACTIVE FOR ALL	6936481

December 23, 2022

Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Gema USA, Inc. (“Gema”) is a Switzerland based company that was founded in 1897 as a metalworking company and operates out of Indianapolis. Since 2012, Gema has been a part of the global Graco Group, an internationally leading manufacture of liquid conveyance systems and components. According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. Gema sells a variety of powder guns and spray equipment in this district and throughout the United States.

The Defendant, First in Finishing, Inc., according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. First in Finishing, Inc.’s mission statement is listed to “Provide quality and reliable powder coating solutions while saving and controlling costs to customers.” They allege to be an Integrator of Gema Products, not a Gema Distributor.

December 13, 2022

Patent Office Issues 273 Patents to Indiana Citizens in November 2022

By Overhauser Law Offices, LLC

The U.S. Patent and Trademark Office issued the following 273 patent registrations to businesses and individuals in Indiana during November 2022, based on applications filed by Indiana patent attorneys:

Patent No.	Title
US 11497657 B2	Absorbent articles having channels and wetness indicator
US 11497657 B2	Accessing client credential sets using a key
US 11509641 B2	Acoustic panel
US D969351 S	Active control valve for a fluid pump
US 11486386 B2	Adaptive high pressure fuel pump system and method for predicting pumped mass

December 8, 2022

Kendra Klump Selected as United States Magistrate Judge

By Overhauser Law Offices, LLC

INDIANAPOLIS, Indiana – The Honorable Tanya Walton Pratt, Chief Judge of the United States District Court for the Southern District of Indiana, is pleased to announce the selection of M. Kendra Klump for the position of United States Magistrate Judge. Ms. Klump will fill the vacancy created by the recent elevation of the Honorable Doris L. Pryor from Magistrate Judge of the Southern District of Indiana to Circuit Judge of the United States Court of Appeals for the Seventh Circuit.

A Magistrate Judge Merit Selection Committee, chaired by Sara J. Varner, First Assistant Federal Defender for the Indiana Federal Community Defenders, Inc. and consisting of 10 other attorneys and two community members, reviewed numerous applications and recommended finalists for the position. The District Judges of the court interviewed the finalists and selected Ms. Klump.