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New Albany, Indiana – Copyright lawyers for DirecTV, Inc. of California have filed a suit alleging Jersey’s Cafe of Clarksville, IN, violated the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq. The plaintiff, a well-known distributor of satellite television programming, encrypts its broadcast transmissions and claims that the defendants, which include the principals of the cafe, willfully, and without a license, displayed National Football League games only available through a premium DirecTV service. The complaint also includes a cause of action for conversion, essentially the civil counterpart of theft under criminal law.

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The US Trademark Office issued the following 150 trademark registrations to persons and businesses in Indiana in September, 2010, based on applications filed by Indiana Trademark Attorneys:

 Reg. Number 

Mark

 Click to View
1           3,855,257 SMART LINK View
2           3,853,994 DAN’S COMPETITION View
3           3,853,648 ONE CARE STREET View
4           3,855,035 CASTOLAY View
5           3,851,767 SIMAC View

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Indiana patent attorneys obtained issuance of the following 125 patents from the US Patent Office to persons and businesses in Indiana in September, 2010:

 

PAT. NO.

 

Title

1

7,805,262

Utility meter using temperature compensation

2

7,805,235

System and method for controlling a flow of intake air entering an internal combustion engine

3

7,804,991

Apparatus and method for measuring anatomical objects using coordinated fluoroscopy

4

7,804,330

Adaptive keeper circuit to control domino logic dynamic circuits using rate sensing technique

5

7,803,938

Potentiators of glutamate receptors

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South Bend, Indiana – As part of a continuing dispute, intellectual property counsel for Forest River, Inc.of Elkhart, IN, has filed a lawsuit accusing Heartland Recreational Vehicles, LLC of Elkhart, IN, of unfair competition, interference with contractual relations, and violating the Computer Fraud and Abuse Act, among other claims.

The plaintiff, Forest River, manufactures and sells recreational vehicles (RVs) to dealers, who in turn sell the RVs to consumers, and has begun staging a private trade show in Elkhart. Defendant Heartland is a direct competitor. Allegedly, Heartland improperly obtained, through personal contact and mutual connections, Forest Park’s list of trade show guests, dealers said to be potential Forest River customers, and related proprietary information.

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 Hammond, Indiana – Copyright lawyers for Broadcast Music, Inc.of New York City have filed an infringement suit on behalf of musical artists which BMI represents. The complaint alleges Trioak, Inc. d/b/a R House of Brews of Crown Point, IN, infringed the right to publicly perform twelve songs, including works by artists such as the Everly Brothers, Hank Williams Jr., Joe Walsh, Al Green, and Johnny Cash. All of the allegedly-infringed works have been registered with the U.S. Copyright Office.
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New Albany, Indiana – Intellectual property attorneys for Joe Hand Promotions, Inc. of Feasterville, PA, have filed a lawsuit alleging William D. Longwell of Clarksville, IN, and Pitt Stop Pub & Grill of Beloit, WI improperly obtained a broadcast of Ultimate Fighting Championship (UFC) bout #94. The complaint alleges that the plaintiff holds the distribution rights to the UFC fight and that the defendants, in violation of 47 U.S.C. § 553 and 47 U.S.C. § 605(a), used illegal means to intercept the broadcast, such as an illegal satellite receiver, misrepresenting their business as a residence, or moving an authorized receiver from one location to another.

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New Albany, Indiana – Trademark attorneys for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging Designer Fragrance & Gifts of Jeffersonville, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint alleges infringement of copyrights which have been registered with the U.S. Copyright Office . Coach also alleges that its products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition, according to the complaint.

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New Albany, Indiana – Trademark lawyers for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging TJ’s Handbags & More of Scottsburg, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint asserts copyrights which have been registered with the U.S. Copyright Office and maintains that Coach’s products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The complaint alleges that the defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition.

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Indianapolis, Indiana – Patent lawyers for Rego-Fix AG of Indianapolis, IN, filed a lawsuit alleging that Techniks, Inc. of Indianapolis, IN, infringed the following patents issued by the US Patent Office: Patent No. 7,140,616, titled CLAMPING DEVICE FOR MACHINE TOOLS, and Patent No. RE37,484, also titled CLAMPING DEVICE FOR MACHINE TOOLS.

The technology disclosed and claimed in Rego-Fix’s patents relate to an improved slotted tool-holding collet capable of providing coolant to the tip of a tool during operation and a collet having a sealing washer element. Plaintiff cites the defendant’s catalog as proof of the allegedly-infringing activity.
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Fort Wayne, Indiana – Trademark attorneys for J.B. Custom, Inc. of Huntertown, IN, have filed suit against, among others, Amadeo Rossi S.A. of Brazil and Taurus International Manufacturing of Miami, FL, alleging that the defendants have unlawfully made, advertised, imported, and/or sold firearms using trade names and designs owned by the plaintiff.

The plaintiff is a custom firearm manufacturer who previously contracted with the defendant Rossi for the manufacture and distribution of firearms designed by plaintiff, with the plaintiff to have exclusive distribution rights in the United States. The complaint alleges that Rossi has advertised in an American magazine a firearm of the plaintiff’s design which breaches the contract, infringes plaintiff’s trademark rights in the design, and infringes plaintiff’s Trademark Registration No. 3,654,700 for the word mark MARE’S LEG, as registered by the U.S. Trademark Officein connection with the custom manufacturing of firearms and accessories.

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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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