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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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The US Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in July, 2010, based on applications filed by Indiana Trademark Attorneys:

 Reg. Number 

Mark

 Click to View
1           3,825,191 HELLOMETRO View
2           3,819,821 LASESAFE View
3           3,815,842 BALD SPOT SPORTS View
4           3,823,229 View
5           3,823,110 EVENTLOGIT View

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Indiana patent attorneys obtained issuance of the following 100 patents from the US Patent Office to persons and businesses in Indiana in July, 2010:

 

PAT. NO.

 

Title

1

D620,585

Cooling nozzle

2

D620,559

Faucet

3

D620,558

Faucet

4

D620,402

Hydraulic cylinder unit

5

7,764,746

User terminal and base station using adapted codebook according to polarization

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Indianapolis, Indiana – Copyright attorneys for Masterfile Corporation of Ontario, Canada, have filed a lawsuit alleging Mark Stein d/b/a ourdivorceagreement.com of Milltown, IN, 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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Indianapolis, Indiana – In a case which was originally brought in federal court in Chicago, patent lawyers for David O’Neill of Clarendon Hills, IL, have filed a lawsuit alleging that Roche Diagnostics Corporation of Indianapolis has been falsely, and intentionally, marking certain of its ACCU-CHEK(R) blood glucose monitoring products as protected by the following expired patents, all of which were issued by the U.S. Patent Office: Patent No. 4,891,319, titled PROTECTION OF PROTEINS AND THE LIKE; Patent No. 4,924,879, titled BLOOD LANCET DEVICE; and Patent No. 4,999,582, titled BIOSENSOR ELECTRODE EXCITATION CIRCUIT.

This type of case, in which an individual acts as a “private attorney general” and brings a lawsuit in the name of the government, is formally called a qui tam action. In his complaint, the plaintiff here makes the customary request that monetary damages be awarded in an amount up to $500 for each offense, with one-half going to the United States government and the other going to him as the party bringing this action.

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Hammond, Indiana – Intellectual property counsel for J & J Sports Productions, Inc., of Campbell, CA, filed a lawsuit alleging Copper Penny Pub (and its owner Steve Hekkel) of Hammond, IN, improperly exhibited the Floyd Mayweather-Shane Moseley boxing match earlier this year. The plaintiff claims to hold the rights to distribute the broadcast of the fight and that the defendants “unlawfully intercepted, received and/or de-scrambled” the satellite signal of the broadcast and publicly showed it at the Copper Penny sports bar in Hammond. Violations of 47 U.S.C. §§ 553 and 605(a), which prohibit unauthorized reception and use of satellite and cable system transmissions, are asserted.

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Chicago, IL – Copyright Infringement attorneys for Defendant CitiCorp succeeded in preserving a $750,000 recovery of attorneys fees.  The trial court had awarded the Defendant attorney’s fees after dismissing the Plaintiff software copyright infringement suit for “for want of prosecution” because it failed to prepare a proper proposed pre-trial order.  The court for the Seventh Circuit (which includes Indiana, Illinois and Wisconsin) stated:

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 Indianapolis, Indiana – Jill Wimberly, et al. of Indianapolis, IN, have filed, pro se (on their own behalf, rather than being represented by a lawyer), a lawsuit alleging that numerous large corporations, as well as the U.S. Patent Office, violated their “civil rights” in misappropriating the plaintiffs’ intellectual property. In particular, the plaintiffs claim to have designed a type of adult underwear for those experiencing incontinence which allegedly resembles products marketed by Procter & Gamble and Kimberly-Clark.
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South Bend, Indiana – Trademark lawyers for 1A Smart Start, Inc. of Irving, TX, have filed a lawsuit alleging Indiana Safe Start Inc. and Thomas Bjornstad, both of Elkhart, IN, have infringed, among other things, Trademark Reg. No. 2,170,846 for the mark SMART START, which has been registered with the U.S. Patent and Trademark Office in connection with “electronic breath activated ignition lock for automobiles.”

Allegedly, the defendant Bjornstad previously contacted the plaintiff’s franchisee in Indiana and expressed an interest in becoming a franchisee himself, but subsequently began using the mark SAFE START in connection with products similar to those of the plaintiff. In addition to trademark infringement under the federal Lanham Act, additional causes of action allege false designation of origin and unfair competition.
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Fort Wayne, Indiana – Copyright lawyers for Amy and James Ortega of Joplin, MO, have initiated litigation against Forks RV of Shipshewana, IN, and its agents, alleging they infringed a copyrighted work which has been registered with the U.S. Copyright Office.

The defendants manufacture and “up-fit” recreational vehicles. The complaint alleges that the plaintiffs and defendants forged a business relationship after the plaintiffs conceived of a use for “fifth wheel” trailers in the equine market. After a falling out, the plaintiffs claim that the defendants have infringed the plaintiffs’ copyrights in the equine trailer designs and drawings. Another cause of action claims a breach of an implied contract after the plaintiffs conferred benefits, such as a new customer base and marketing efforts, without receiving compensation.
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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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