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Indianapolis, Indiana – Intellectual property counsel for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Novelty, Inc. of Greenfield, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products.
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Evansville, Indiana – Patent attorneys for Berry Plastics Corporation of Evansville, IN, initiated a lawsuit seeking a declaratory ruling that a patent held by Intertape Polymer Corporation of Bradenton, FL, is invalid and unenforceable due to inequitable conduct before the U.S. Patent Office. Namely, the complaint asserts that Patent No. 7,476,416, titled PROCESS FOR PREPARING ADHESIVE USING PLANETARY EXTRUDER, is invalid as, prior to their patent application date, two of the co-inventors saw a similar product displayed at a trade show and had it explained to them in detail, but never disclosed this prior public presentation to the Patent Office.

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Indianapolis, Indiana – Trademark lawyers for Intex Recreation Corp. of Long Beach, CA, filed a complaint alleging General Foam Plastics Corp. of Norfolk, VA, infringed the following trademarks registered with the U.S. Trademark Office: Trademark Registration No. 2,385,605 for the mark SNAPSET in connection with play swimming pools and Trademark Registration No. 2,825,743 for the mark SWIM CENTER in connection with non-metal swimming pools.

The complaint states that, like the plaintiff, the defendant advertises and sells swimming pools and “related aquatic products” and subsequently started doing so under the marks SNAP SET and SWIM CENTER. The causes of action raised are trademark infringement and unfair competition, with injury allegedly occurring in the Southern District of Indiana.
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South Bend, Indiana – Intellectual property attorneys for DirecTV, Inc. of California filed a lawsuit alleging Susan Shipton and Harmony Bar Inc., d/b/a The Harmony Bar, a/k/a/ Harmony Bar, both of Michigan City, IN, intercepted and publicly showed an encrypted satellite broadcast transmitted as part of the plaintiff’s premium “NFL Sunday Ticket” service. The complaint states that the defendants had no authorization to receive this broadcast and raises causes of action under the Cable Communications Policy Act as well as 18 U.S.C. § 2511 and the common law.

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 Indianapolis, Indiana – Copyright lawyers for Keystone Builders Resource Group, Inc., and Keystone-Indianapolis, LLC, both of Indianapolis, have filed a lawsuit alleging that Princeton Group, Inc., Princeton Homes, Inc., and their manager Greg Allen, all of Greenwood, IN, as well as Irma Jobst and Trent Bunch, both of Indianapolis, infringed an architectural work and technical drawings, titled THE BIRMINGHAM, which have been registered with the U.S. Copyright Office.
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Lafayette, Indiana – Patent attorneys for GS CleanTech Corporation of New York City, a wholly-owned subsidiary of GreenShift Corporation, have filed a lawsuit alleging Iroquois Bio-Energy Company, LLC, of Rensselaer, IN, is infringing U.S. Patent No. 7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS, as issued by the U.S. Patent Office.

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Indianapolis, Indiana – Patent lawyers for Stant USA Corp. of Connersville, IN, filed a lawsuit alleging Mahle Filter Systems North America, Inc., of Murfreesboro, TN, has infringed the following two patents issued by the U.S. Patent Office: Patent No. 7,255,094, titled FUEL VAPOR RECOVERY CANISTER, and Patent No. 7,409,946, also titled FUEL VAPOR RECOVERY CANISTER.

The plaintiff manufactures and sells fuel vapor recovery canisters for OEM as well as replacement use in vehicles, including those sold by Chrysler Corporation and General Motors. The complaint alleges that the defendant has made, used, sold, and/or offered for sale vapor recovery canisters for use in Chrysler RT minivans which infringe certain claims of the asserted patents.

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 Indianapolis, Indiana – Patent counsel for Eli Lilly and Company of Indianapolis, IN, filed a complaint alleging Watson Pharmaceuticals, Inc., and Watson Laboratories, Inc., both of Corona, CA, and Watson Pharma, Inc., of Morristown, NJ, are infringing certain patents covering a prescription drug used to treat and prevent postmenopausal osteoporosis.
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Indianapolis, Indiana – Patent lawyers for Syndicate Sales, Inc. of Kokomo, IN, filed a patent declaratory judgment suit seeking a ruling that two design patents held by Garcia Group, Inc. of Atlanta, GA, are not infringed and invalid. The challenged patents, as issued by the U.S. Patent Office, are U.S. Patent Nos. D614,530 and D614,531.

The defendant previously filed a lawsuit in federal court in Georgia against the plaintiff, alleging copyright infringement and unfair competition. In this case, the plaintiff seeks a ruling that the ‘530 and ‘531 design patents, which are directed to faceted vases, are not infringed under the “ordinary observer” test and are invalid due to the defendant’s withholding of relevant information during the prosecution of its patent applications.
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The US Trademark Office issued the following 131 trademark registrations to persons and businesses in Indiana in April, 2010, based on applications filed by Indiana Trademark Attorneys:

 Reg. Number 

Mark

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1           3,771,879 AXIRON View
2           3,782,806 RAPIDSLAT View
3           3,779,579 THERPMCOLLECTION View
4           3,771,565 JOURNEY View
5           3,776,292 A TRUSTED NAME WORLDWIDE View

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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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