Indiana Intellectual Property Law News

December 5, 2022

RV Manufacturer Sues Former Employees for Conversion & Trade Dress Infringement

Elkhart, Indiana – Phoenix USA RV, Inc., (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States.

In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper. Many of the employees became unhappy with the direction of the company under new ownership. They left the company and started Hoosier Custom Cruisers LLC.

According to the complaint, the Defendants, used trade secrets and other information to design and build a directly competing product.

December 3, 2022

177 Trademark Registrations Issued to Indiana Companies in November 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 177 trademark registrations to persons & businesses in Indiana in November 2022 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
6913163		MGI
6913162		RISI
6912977		LOAN BUTLER
6914739		LOVELL’S TRUCKING SOLUTIONS
6912910		ALTERNATIVE DESIGN

December 2, 2022

Honest Abe Roofing Sues Franchisee for Violation of Agreements

By Overhauser Law Offices, LLC

Terre Haute, Indiana – The Plaintiff, Honest Abe Roofing Franchise, Inc. (“Honest Abe”), is an Indiana Corporation with its principal place of business in Terre Haute, Indiana. Honest Abe has been installing, repairing, and maintaining residential roofs since 2005. They have numerous locations in multiple states.

The Defendants, DCH & Associates, LLC, and Honest Abe Roofing of Macon Georgia, LLC, are Georgia Limited Liability Companies. Dameion Harris and Christine Harris are listed as residents of Dacula Georgia and are the sole members of both LLC’s.

November 11, 2022

139 Trademark Registrations Issued to Indiana Companies in October 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 139 trademark registrations to persons and businesses in Indiana in October 2022 based on applications filed by Indiana trademark attorneys:

Registration Number	Word Mark
6884946	ALWAYS SIMPLE ALWAYS SATISFYING SIEMPRE SOUPS
6884869	READY FIT
6886185	M VERSAPRO
6884715	ANTIQUEOLOGY
6884696	ANGEL BABES

October 6, 2022

191 Trademark Registrations Issued to Indiana Companies and Individuals in September of 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 191 trademark registrations to persons and businesses in Indiana in September 2022 based on applications filed by Indiana trademark attorneys:

Registration Number	Word Mark
6884946	ALWAYS SIMPLE ALWAYS SATISFYING SIEMPRE SOUPS
6884869	READY FIT
6886185	M VERSAPRO
6884715	ANTIQUEOLOGY
6884696	ANGEL BABES
6884648	HARVEST FRESH CUBE

October 5, 2022

3CHI Sues Former Marketing Manager for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, 3C, LLC d/b/a 3CHI (pronounced “three-chee”) filed suit against Defendant and former employee, Jai Journay (“Journay”) for Misappropriation of Trade Secrets, Violation of Indiana’s Uniform Trade Secrets Act, and Breach of Employment Agreement.

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance. It started with 3CHI’s first CBN products. CBN was the first mildly psychoactive cannabinoid sold nationally in the USA. Shortly after, they became the first company to create and sell Delta 8 THC. 3CHI is the first company to legally vend THC products as a major sporting event, selling its products at NASCAR races. They also proclaim to have taken a leading role in working with government leaders and agencies around the world to help educate and create sensible legislation surrounding Delta 8 THC and other minor cannabinoids.

Defendant, Journay was hired on July 10, 2020 for a position in Sales and Education. During her employment, Journay was promoted to Marketing Manager. An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7^th, 2021. As the Marketing Manager, Journay had access to nearly all of 3CHI’s Confidential Information and Trade Secrets, including product formulas, recipes, customer lists, customer requirements, consumer data, marketing data and other analytics.

September 30, 2022

Oakley Sues Local Business for Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Oakley, Inc. (“Oakley”), is an American company operating as an independent subsidiary of Luxottica Group S.p.A. Oakley designs, develops and manufactures sports equipment and lifestyle pieces including, sunglasses, sports visors, ski/snowboard googles, watches, apparel, backpacks, shoes, optical frames, and other accessories. Oakley currently holds more than 600 patents for eyewear, materials and performance gear and numerous trademark registrations.

The Defendant, Batter’s Box, LLC (“Batter’s Box”) is an Indiana limited liability company having a principal place of business at 3510 S. Keystone Avenue, Indianapolis, Indiana. According to the Complaint, Shawn Lessor and Brandi Pierson are listed as principal owners, officers, managers and directors of Batter’s Box. Their website describes them as a state of art, year round, indoor facility with over 20,000 square feet of training area, and 18 multi-use indoor batting and pitching tunnels. It is also reported that Batter’s Box engages in the sale of sunglasses and related accessories at youth sports tournaments in Indiana, as well as through its own retail sporting goods store.

September 27, 2022

Former Employee Sues Kilroy’s for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC, Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright Infringement.

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He later was offered the position of AV Intern where his duties included services related to Defendants’ social media accounts and digital presence, assistance with their relationship with Barstool Sports, promotion of events, the creation of marketing and advertising content, which included the production, filming, and editing of video and digital content for the Defendants.

September 23, 2022

Rockville Bar Sued for Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success. Continue reading

September 22, 2022

Orbital Engineering, Inc. Sues Ex-Employee & Competitor for Trade Secret Misappropriation

By Overhauser Law Offices, LLC

Crowne Point, Indiana – The Plaintiff, Orbital Engineering, Inc. (“Orbital”) filed suit against Defendants, DVG Team, Inc. (DVG) and former employee Zachary Topoll (“Topoll”) for Breach of Fiduciary Duty Damages Resulting from Conspiracy, Tortious Interference with Business Relations, Aiding and Abetting Breach of Fiduciary Duty, and Trade Secret Misappropriation.

Per the complaint and their website, Orbital, established in 1969, is a certified veteran owned business, which provides full-service solutions in engineering and design, construction management and QA/QC, safety and asset integrity services. The company services a broad range of industries, including infrastructure, metals, refinery, chemical, pipeline, terminal, gas processing and storage, and utilities. Their expertise is in Transmission & Distribution, Midstream and Downstream Oil, Gas and Chemical and Metals. They have six major offices in Pittsburgh (HQ), Philadelphia, Chicago, Detroit, St. Louis and Houston and various other locations.

DVG, founded in 1999, purports to be a team of professionals with a variety of expertise in areas of public infrastructure planning and construction, private and public utility development, engineering and site design, economic development and real estate development. They are based in Crown Point, Indiana.