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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 Hammond, Indiana – Trademark lawyers for Lorillard Tobacco Company of Greensboro, NC, filed a lawsuit alleging M & M Smoker Den, Inc. d/b/a Smoker Den and Subhash Malhotra, both of Dyer, IN, has infringed the following trademarks as registered with the U.S. Trademark Office: Trademark Registration No. 1,108,876 for the mark NEWPORT; Trademark Registration No. 2,600,870 for the mark NEWPORT (stylized); Trademark Registration No. 3,601,464 for the mark NEWPORT MENTHOL BOX; Trademark Registration No. 3,618,542 for a DESIGN ONLY mark; Trademark Registration No. 1,920,066 for the mark LORILLARD; Trademark Registration No. 1,178,413 for the mark SPINNAKER DESIGN; and Trademark Registration No. 1,191,816 for the mark NEWPORT and Design.
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Hammond, Indiana – Trademark lawyers for Lorillard Tobacco Company of Greensboro, NC, filed a lawsuit alleging Always Open Franchising Corporation d/b/a Always Open of Dyer, IN, has infringed the following trademarks as registered with the U.S. Trademark Office: Trademark Registration No. 1,108,876 for the mark NEWPORT; Trademark Registration No. 2,600,870 for the mark NEWPORT (stylized); Trademark Registration No. 3,601,464 for the mark NEWPORT MENTHOL BOX; Trademark Registration No. 3,618,542 for a DESIGN ONLY mark; Trademark Registration No. 1,920,066 for the mark LORILLARD; Trademark Registration No. 1,178,413 for the mark SPINNAKER DESIGN; and Trademark Registration No. 1,191,816 for the mark NEWPORT and Design.

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 Indianapolis, Indiana – Patent lawyers for AOI Electrical, LLC and Pro-Gard Products, LLC, both of Indianapolis, IN, have initiated litigation alleging Sensible Solutions LLC, and its principal Robert N. Brown, both of Frederick, MD, have infringed U.S. Patent No. 6,552,657, titled DUAL-IGNITER AIRBAG CONTROL SWITCH, as issued by the U.S. Patent Office.
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 Lafayette, Indiana – Patent attorneys for ArrivalStar of Welter, Luxembourg, and Melvino Technologies Limited of Tortola, British Virgin Islands, have filed a patent infringement suit alleging Cadec Global, Inc., of Manchester, NH, and others including Volvo Trucks North America, Inc., infringed numerous patents as issued by the U.S. Patent Office. In particular, the asserted patents are the following: Patent No. 6,278,936, SYSTEM AND METHOD FOR AN ADVANCE NOTIFICATION SYSTEM FOR MONITORING AND REPORTING PROXIMITY OF A VEHICLE; Patent No. 6,618,668, SYSTEM AND METHOD FOR OBTAINING VEHICLE SCHEDULE INFORMATION IN AN ADVANCE NOTIFICATION SYSTEM; Patent No. 6,714,859, SYSTEM AND METHOD FOR AN ADVANCE NOTIFICATION SYSTEM FOR MONITORING AND REPORTING PROXIMITY OF A VEHICLE; Patent No. 6,741,927, USER-DEFINABLE COMMUNICATIONS METHODS AND SYSTEMS; Patent No. 6,804,606, NOTIFICATION SYSTEMS AND METHODS WITH USER-DEFINABLE NOTIFICATIONS BASED UPON VEHICLE PROXIMITIES; Patent No. 6,904,359, NOTIFICATION SYSTEMS AND METHODS WITH USER-DEFINABLE NOTIFICATIONS BASED UPON OCCURRENCE OF EVENTS; Patent No. 6,952,645, SYSTEM AND METHOD FOR ACTIVATION OF AN ADVANCE NOTIFICATION SYSTEM FOR MONITORING AND REPORTING STATUS OF VEHICLE TRAVEL; Patent No. 7,030,781, NOTIFICATION SYSTEM AND METHOD THAT INFORMS A PARTY OF VEHICLE DELAY; and Patent No. 7,191,058, NOTIFICATION SYSTEMS AND METHODS ENABLING USER ENTRY OF NOTIFICATION TRIGGER INFORMATION BASED UPON MONITORED MOBILE VEHICLE LOCATION.
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 South Bend, Indiana – Patent counsel for Miche Bag, LLC of Riverton, UT, filed a lawsuit alleging The Marshall Group, Inc. d/b/a Sierra’s of Elkhart, IN, infringed the following design patents issued by the U.S. Patent Office: Patent No. D610,801, titled BASE HANDBAG WITH INTERCHANGEABLE HANDBAG COVER; Patent No. D611,705, titled HANDBAG; and Patent No. D613,062, titled INTERCHANGEABLE HANDBAG COVER.
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 South Bend, Indiana – Trademark lawyers for Celebration Station Properties, Inc. of Merrillville, IN, filed an infringement suit alleging The Celebration Station, LLC of Fort Payne, AL, has infringed the following federal trademark registrations, as issued by the U.S. Trademark Office in connection with goods and services such as entertainment services, toys, game prizes, and party favors: Trademark Registration No. 1,677,947 for the mark CELEBRATION STATION; Trademark Registration No. 1,677,948 for the mark CELEBRATION STATION (and Design); Trademark Registration No. 2,498,343 for the mark CELEBRATION STATION; and Trademark Registration No. 2,498,344 for the mark CELEBRATION STATION (and Design).
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Fort Wayne, Indiana – Copyright lawyers for DEI Incorporated of Cincinnati, OH, have filed a lawsuit alleging First Bank of Berne of Berne, IN, and K4 Architecture LLC of Cincinnati, OH, have infringed a work titled FIRST BANK OF BERNE, JOB 511, SKETCHES, RENDERINGS, FLOOR PLANS, AND DRAWINGS, which has been registered with the U.S. Copyright Office.

Plaintiff alleges that it was engaged by the First Bank of Berne to design a new bank branch and, after providing the bank with three sets of schematic designs, was informed that it would not be utilized in plan finalization and construction of the branch. The complaint states that, subsequently, the bank retained K4 Architecture to perform additional architectural services and/or construct the branch, in the process copying all or a substantial part of plaintiff’s copyrighted designs and drawings. The plaintiff’s complaint also recites claims for breach of contract, unfair competition, and tortuous interference with a contract.
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