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Fort Wayne, Indiana – Copyright attorneys for Arbor Home Building Corporation of Fort Wayne, IN, have initiated litigation against Miller Custom Homes, LLC of Leo, IN, alleging an infringement of an architectural drawing which has been registered with the U.S. Copyright Office. Both the plaintiff and defendant design and build residential homes. The plaintiff Arbor Home claims that the defendant Miller has built a home which is “substantially similar” to plaintiff’s Mariam style of house, illustrated in the copyrighted drawing and built as a model in Fort Wayne.

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 South Bend, Indiana – Trademark lawyers for Group Force Capital, LLC of Aventura, FL, filed a lawsuit alleging Virtuoso Distillers, LLC of Mishawaka, IN, infringed Trademark Registration No. 3,791,405 for the mark L’CHAIM, as registered by the U.S. Trademark Officein connection with specific types of alcoholic beverages. Group Force creates and distributes alcoholic beverages, including a line of Kosher ones which are sold under the asserted mark. It is alleged that the defendant later applied to federally register the mark L’CHAIM VODKA in the same class of goods and displays a bottle of the beverage at the Web sitewww.lchaimvodka.com. TheU.S. Trademark Officerefused defendant’s trademark application, and defendant has since petitioned to cancel the plaintiff’s registration, alleging a priority of use. Plaintiff Group Force, by its complaint, alleges trademark infringement, unfair competition, and a violation of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
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 Indianapolis, Indiana – A multidistrict litigation panel has consolidated eleven patent infringement lawsuits with the case pending beforeSenior Judge Larry J. McKinneyand Magistrate Judge Debra McVicker Lynchin theSouthern District of Indiana. The cases, filed byGreenshift Corp.involve Patent No.7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office. The transfer order found that Indianapolis was a “readily accessible district near many of the alleged direct infringers … which are scattered throughout the Midwest.” The case no. is 1:2010cv08003.
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 New Albany, Indiana – Trademark lawyers for Aire Serv Heating & Air Conditioning, Inc. of Waco, TX, have filed a lawsuit alleging Air Serv of Louisville of New Albany, IN, is infringing the following five trademarks registered with the U.S. Trademark Office: Trademark Registration No. 1,818,574 for the mark AIRE SERV in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No.1,890,475for the mark AIRE SERV in connection with residential and commercial oil, electric, gas, coal and propane heaters and air conditioners and replacement parts for same; Trademark Registration No. 1,927,783 for an AIRE SERV design mark in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No. 2,763,655 for the mark AIRE SERV in connection with energy-saving thermostats, HVAC services, duct cleaning, and inspection services; and Trademark Registration No. 3,578,721 for an AIRE SERV HEATING & AIR CONDITIONING design mark in connection with services similar to the ‘655 registration.
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Indiana patent attorneys obtained issuance of the following 146 patents from the US Patent Office to persons and businesses in Indiana in August, 2010:

 

PAT. NO.

 

Title

1

7,788,015

System for monitoring injected fuel quantities

2

7,787,779

Photonic time-domain electromagnetic signal generator and system using the same

3

7,787,643

System and method for RF immunity of electret condenser microphone

4

7,787,126

Method and apparatus for conjugate quadrature interferometric detection of an immunoassay

5

7,786,247

High IV melt phase polyester polymer catalyzed with antimony containing compounds

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The US Trademark Office issued the following 175 trademark registrations to persons and businesses in Indiana in August, 2010, based on applications filed by Indiana Trademark Attorneys:

Registration Number

 

Mark

 Click to View
1           3,829,663 LUCKY BAG View
2           3,827,906 DOCTORBASE View
3           3,827,893 V MY VIDEO VISIT View
4           3,837,177 CHECK View
5           3,830,129 SMART CABINETRY View

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Evansville, Indiana – Patent lawyers for SOP Services, Inc., of Las Vegas, NV, and Bear Archery, Inc. of Evansville, IN, have filed a lawsuit against Precision Shooting Equipment, Inc. of Tuscon, AZ. The suit alleges infringement of two patents issued by the U.S. Patent Office: Patent No. 5,749,351, titled COMPOUND ARCHERY BOW; and Patent No. 5,921,227, also titled COMPOUND ARCHERY BOW. SOP Services is the assignee of these two patents, and Bear Archery is the exclusive licensee.

The complaint claims that the defendant is manufacturing, using, selling, and offering to sell compound bows having an infringing “past parallel limb” design and cites the defendant’s product guide as well as photographs. Plaintiffs also request a declaratory judgment that the defendant’s U.S. Patent No. 7,699,045 is invalid and not infringed.
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Indianapolis, Indiana – Patent attorneys for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Sandoz, Inc. of Princeton, NJ, is infringing Patent No. 5,464,826, as issued by the U.S. Patent Officeand titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES.

The ‘826 patent covers the drug marketed under the name GEMZAR(R) for the treatment of abnormal masses of tissue known as neoplasms. The complaint states that, in a separate lawsuit, the ‘826 patent was found invalid on grounds of obviousness-type double patenting, but that Lilly has appealed to the Federal Circuit and believes the ruling will be reversed. Lilly also holds approved New Drug Application No. 20-509 for the use of GEMZAR(R) as a treatment for certain types of cancer.


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Hammond, Indiana – Trademark counsel for Trans-United, Inc. of Burns Harbor, IN, have filed a lawsuit alleging Trans-United, Inc. of Miami, FL, and its apparent directors infringed Trademark Registration No. 3,567,262 for the mark TRANS-UNITED, as registered with the U.S. Trademark Office for various moving and transport services.

The plaintiff claims to provide “industrial and specialty moving and transport services” throughout the United States and that the defendants have provided moving services throughout the country under the names TRANS-UNITED and/or TRANS-UNITED INC. Plaintiff further claims it received complaints from the defendants’ disgruntled customers and that the defendants registered the Internet domain name transunitedinc.com. Accordingly, causes of action in the complaint include federal trademark infringement and false designation of origin under the Lanham Act, a violation of the Anti-Cybersquatting Consumer Protection Act at 15 U.S.C. § 1125(d), and common law unfair competition.
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Indianapolis, Indiana – Copyright lawyers for Masterfile Corporationof Ontario, Canada, have filed a lawsuit alleging Kemp Title Agency, LLC of Louisville, KY, has infringed copyrighted works which have been registered with the U.S. Copyright Office.

The plaintiff is a stock photography company offering images in exchange for a license fee, while the defendant provides services relating to the sale of property. After discovering certain of its copyrighted images on the defendant’s Web site, the plaintiff sued for an accounting of damages and an injunction, claiming a violation of its reproduction and public display rights under the Copyright Act.
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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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