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mkklump-headshot-150x150-1INDIANAPOLIS, 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.

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Picture1-300x258Elkhart, 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.

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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

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HonestAbeLogoTerre 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.

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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

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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

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3Chi-Medallion-web-optimized-black-background-300x300Indianapolis, 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 7th, 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.

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OakleyBlogPhoto-300x96Indianapolis, 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.

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KilroysLogo-300x300Indianapolis, 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.

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BMI-Logo-300x300Rockville, 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

Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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