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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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South Bend, Indiana – Patent lawyers for MedIdea, LLC of Longview, TX, filed a patent infringement suit alleging Zimmer Holdings, Inc. of Warsaw, IN, is infringing the following patents issued by the U.S. Patent Office: 6,200,350 and 6,383,225, which relate to proximal femoral prostheses, and Nos. 6,267,785, 6,379,391, 6,398,812, 6,821,300, and 7,229,478 which relate to prosthetic shoulder implants.

This case has been assigned to Judge Joseph Van Bokkelenand Magistrate Judge Christopher A. Nuechterlein in the Northern District of Indiana, and assigned case no. 3:10-cv-00283-JVB-CAN.
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Fort Wayne, Indiana – Trademark lawyers for Sweetwater Sound, Inc. of Fort Wayne, IN, filed a lawsuit alleging J2 Electronics Group, Ltd. d/b/a Audiolines.com of Chicago infringed Trademark Registration No. 3,652,215 for the mark SWEETWATER, as registered with the U.S. Trademark Office in connection with, among other things, audio recording equipment and online retail store services.

Both parties are in the business of selling “audio recording and reproduction equipment, musical instruments and accessories.” The plaintiff asserts in its complaint that the defendant has misappropriated the registered trademark and is using it in connection with the sale of musical recording products and on its Web site.

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Indianapolis, Indiana – Trademark lawyers for Brandt Industries Ltd. of Saskatchewan, Canada, have brought a declaratory judgment action concerning the mark BRANDT, as used in connection with agricultural equipment and the manufacture thereof. The existence of the requisite “actual controversy” is based on the defendant, Pitonyak Machinery Corporation of Carlisle, AR, allegedly previously claiming to the plaintiff that the plaintiff’s use of the mark is infringing.

The mark at issue is not currently registered with the U.S. Trademark Office, but both parties have used the mark for several decades in different geographic areas. The plaintiff cites its prior “common law” rights in the mark, based on its continuous use of the mark in commerce, and requests that the court declare, among other things, that this use is non-infringing.

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Indiana patent attorneys obtained issuance of the following 94 patents from the US Patent Office to persons and businesses in Indiana in June, 2010:

 

PAT. NO.

 

Title

1

7,747,572

Method and system for supply chain product and process development collaboration

2

7,747,400

VA metering in polyphase systems

3

7,747,067

System and method for three dimensional modeling

4

7,745,966

Method and device for an actuator motor including an air-actuated brake device

5

7,745,732

Drawn strand filled tubing wire

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Indianapolis, Indiana – Patent infringement lawyers for Eli Lilly and Company of Indianapolis, IN, filed a complaint alleging Actavis Totowa LLC of Little Falls, NJ, and Actavis Elizabeth LLC of Elizabeth, NJ, are infringing Patent No. 5,464,826, titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES and issued by the U.S. Patent Office.

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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The US Trademark Office issued the following 157 trademark registrations to persons and businesses in Indiana in June, 2010, based on applications filed by Indiana Trademark Attorneys:

 Reg. Number 

Mark

 Click to View
1           3,804,926 Z-TRAK PLUS View
2           3,801,222 COUNTER CULTURE BY PATACHOU View
3           3,799,569 CHARLOTTE View
4           3,804,373 VENTLINE View
5           3,805,534 INTERACTION CENTER PLATFORM View

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Indianapolis, Indiana – Trademark lawyers for Allison Transmission, Inc., of Indianapolis, IN, have filed a complaint alleging Harlan Global Manufacturing, LLC, of Kansas City, KS, is infringing various trademarks incorporating the terms ALLISON and ALLISON TRANSMISSION(R) in connection with transmissions, including Trademark Registration Nos. 2,686,798; 2,615,428; 2,625,008; 1,666,977; and 1,624,473 which are registered with the U.S. Trademark Office.

The defendant is an OEM manufacturer of tractors who allegedly is using the ALLISON marks in its advertising despite not having any relationship with plaintiff. The complaint sets forth causes of action for trademark infringement, false designation of origin, counterfeiting, dilution, and unfair competition.
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 Indianapolis, Indiana – Intellectual property counsel for J & J Sports Productions, Inc. of Campbell, CA, filed a lawsuit alleging Rocio Albarran of Indianapolis, IN, et al. improperly exhibited the June 2008 Diaz-Pacquaio boxing match. 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 Taqueria El Maguey establishment in Indianapolis. 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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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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