Indiana Intellectual Property Law News

January 31, 2025

Plaintiff Jumpstart Communications LLC Files Complaint Against Former CEO for Alleged Misconduct, Trademark Infringement, and Fraudulent Activities

Plaintiff Jumpstart Communications LLC has filed a complaint against Defendants Ryan V. Jumper and Jumpstart Communication LLC, for alleged misconduct and violations of federal law. According to the complaint, Defendant Jumper, a founding member and former CEO of Jumpstart Communications, established a competing company with a similar name and logo, allegedly to harm the business he co-founded. The complaint describes a series of actions by Defendant Jumper, including unauthorized access to business accounts, misappropriation of funds, and attempts to divert customers, employees, and resources to the competing entity.

Jumpstart Communications is a telecommunications construction company that is headquartered in Indiana and was founded in 2020. It reportedly rapidly expanded its operations to several states and booked over $10 million in revenue in 2023. However, the complaint describes how Defendant Jumper’s behavior became erratic, beginning in April 2024, with accusations of theft, unauthorized password changes, and siphoning of funds from company accounts. Defendant Jumper is also accused of taking deliberate steps to interfere with the company’s operations, such as locking out other members from critical business systems and submitting fabricated documents.

The complaint further alleges that Defendant Jumper formed a competing entity, Jumpstart Communication LLC, which operates in the same territories using a similar brand as Jumpstart Communications and then misled customers and business partners by taking payments and resources and even went so far as to commit fraudulent acts such as filing false address changes with the U.S. Postal Service and IRS.

January 27, 2025

FitzMark Sues Former Employee and Competitor Over Trade Secret Breach

By Overhauser Law Offices, LLC

FitzMark, LLC, a logistics brokerage firm in Indianapolis, Indiana, has filed a lawsuit against former employee Micah Adkins and Koola Logistics, LLC, alleging breaches of confidentiality, misappropriation of trade secrets, and interference with business relationships. Adkins, hired in 2017, signed an agreement in 2019 to protect FitzMark’s confidential information and refrain from using it in competition. After his termination in 2020, Adkins joined competitor Koola in 2024.

FitzMark claims Adkins used proprietary information, including customer data and pricing strategies, to solicit FitzMark clients, citing a voicemail he left for a customer in January 2025 referencing such information. The company seeks injunctive relief to stop the misuse, along with damages, attorneys’ fees, and costs.

The case has been filed in the Marion County Superior Court with Case No. 49D01-2501-002642.

January 24, 2025

Eric Emanuel’s EE Holding Group Takes Legal Action Over Counterfeit Scandal, Targeting Social Media Reseller

By Overhauser Law Offices, LLC

Carmel, Indiana – EE Holding Group LLC has filed a lawsuit against PDGROWTH LLC and Patrick D. Garton. The claims include trademark counterfeiting, infringement, false designation of origin, and unfair competition under both federal and common law.

Led by designer Eric Emanuel, the plaintiff asserts ownership of trademarks such as ERIC EMANUEL and the EE logo: . These trademarks have been in use since 2014 and are associated with high-quality sportswear, particularly the signature EE mesh shorts.

Defendant Garton, who operates under the Instagram handle “pd.resells,” is accused of selling counterfeit goods that bear the plaintiff’s trademarks. These goods, sourced from China, are marketed as indistinguishable replicas. Garton sells these products through social media, the website https://thesupplyr.com/, and other platforms, allegedly profiting significantly from these sales. The plaintiff claims Garton not only sells counterfeit items but also teaches others how to profit from similar activities.

January 21, 2025

367 Trademark Registrations Issued to Indiana Entities in December 2024

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 367 trademark registrations to persons and businesses in Indiana in December 2024 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7611678	IT’S A HAPPY HOUR FEELING
7605216	ANDERSON PREPARATORY ACADEMY
7616177	DARK LORD
7614933
7623759	SOUTHERN INDIANA GUARDIANS FC
7623741	SIGFC

January 6, 2025

Delta Faucet Fights Back: Lawsuit Against Amazon Storefront Targets Unauthorized Sales, Trademark Violations and Brand Damage

By Overhauser Law Offices, LLC

Delta Faucet Company, a prominent manufacturer of kitchen and bathroom fixtures, alleges that Justin and Andrew Bundrick engaged in unauthorized sales of Delta-branded products via Amazon storefronts “SummitMerch” (previously “BunjiSolutions”) and “A.B.Sales”. The company claims these products failed to meet their quality standards and did not include the official warranty, thereby violating trademark laws under the Lanham Act and constituting unfair competition.

Delta contends that the defendants’ sales of defective or subpar goods resulted in negative reviews, consumer confusion, and damage to Delta’s reputation. Despite receiving cease-and-desist letters, the defendants reportedly continued to sell non-genuine products. Test purchases indicated improper packaging and the absence of Delta’s warranty.

Delta argues that these unauthorized sales amount to trademark infringement and unfair competition, as the products differ significantly from authentic Delta items. The company is seeking injunctive relief, asserting that these sales harm its brand value and erode consumer trust.

January 3, 2025

Magpul Sues Elite Tactical Systems over Alleged Patent Infringement Over Polymer Ammo Magazines

By Overhauser Law Offices, LLC

Magpul Sues Elite Tactical Systems over Alleged Patent Infringement Over Polymer Ammo Magazines

Magpul Industries Corporation has filed a patent infringement lawsuit against fellow firearm accessories manufacturer Elite Tactical Systems Group, LLC. The plaintiff alleges that the defendant has infringed upon U.S. Patents Nos. 8,991,086 and 9,746,264. Magpul claims that the defendant made, used, sold, imported, and offered polymer ammunition magazines that infringe on these patents for sale. Specifically, the defendant’s products, including the ETS 30rd 5.56x45mm NATO/.223 Remington polymer magazines, are said to incorporate the patented magazine architecture described in the ’086 and ’264 patents.

Magpul argues that the defendant’s actions are unlawful and are causing harm to its exclusive patent rights. The lawsuit seeks damages, including potential treble damages, a permanent injunction to prevent further infringement, the destruction of infringing products, attorney’s fees, and other legal remedies.

December 30, 2024

Dr. Keith Bell Sues Bartholomew School District and Coach for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Author, Dr. Keith F. Bell (“Plaintiff”), has filed another copyright infringement suit in Indiana (see past suit), this time against Bartholomew Consolidated School Corporation (“Bartholomew”) and Timothy Bless (“Bless”), again claiming infringement of his intellectual property. Dr. Bell wrote the book Winning Isn’t Normal in 1981, and the key passage titled “Winning Isn’t Normal” (WIN) is central to the book. Dr. Bell holds the copyrights for both the book and WIN, registered with the U.S. Copyright Office. He has invested significant effort in promoting his work, which is sold through his websites and various products like posters and t-shirts.

Dr. Bell alleges that Bless, as an employee of Bartholomew and a coach at Columbus North High School, used his copyrighted material without permission by posting a representation of the WIN chapter on social media in March 2022. Dr. Bell claims this act violated his exclusive rights, including reproduction, distribution, and public display of his intellectual property. He asserts that Bartholomew was aware of the infringement and failed to prevent it, benefiting from the activities linked to Bless’s posts. Additionally, Dr. Bell accuses the defendants of removing copyright management information from his work, violating the Digital Millennium Copyright Act (DMCA).

Dr. Bell further states that Bartholomew and Bless had previously entered into a settlement agreement in 2020, where they agreed to cease using WIN without proper authorization. He claims that the defendants’ actions in 2022 breached that agreement. As a result, Dr. Bell seeks injunctive relief, attorney’s fees, and damages up to $150,000 per infringed work.

December 27, 2024

Plaintiff Illustrator Files Fresh Lawsuit Against Amazon KDP/Jeff Bezos Over Unauthorized Book Covers

By Overhauser Law Offices, LLC

Plainfield, Indiana – Allen Lee Asher-Butler has filed a copyright infringement suit against Amazon KDP and Jeff Bezos, claiming they are committing copyright infringement regarding four books that he designed and illustrated the covers for. According to Asher, these books, authored by William “Will” Wills, have been sold by Amazon since 2009 without his authorization. Despite submitting a copyright infringement claim to Amazon, Asher asserts that the books have continued to be available in both Kindle and paperback formats.

This is not the first time Asher has pursued legal action against Amazon regarding this dispute. He previously filed a nearly identical lawsuit (see previous blog post), but the court dismissed his case due to procedural issues. Asher filed the original lawsuit in November 2020, but from the outset, he faced difficulties. He filed motions requesting assistance with serving the Defendants, which were both denied in 2021. The court explained that it could not provide service assistance because Asher was not proceeding in forma pauperis, meaning he did not qualify for free legal services. The court also ordered Asher to show cause as to why his case should not be dismissed due to his failure to prosecute the claims.

In January 2022, the court ultimately dismissed Asher’s case without prejudice, stating that his summons did not meet legal requirements and that he had missed the deadline to serve the Defendants. Asher responded by filing a handwritten summons, but this was not sufficient to address the deficiencies in his filing. The court emphasized that Asher had been given multiple opportunities to remedy these issues but failed to do so.

December 23, 2024

BCW Takes a Stand Against Ultra Pro’s Trademark Infringement Claims in Card Protection Dispute

By Overhauser Law Offices, LLC

BCW Diversified, Inc. (BCW) has filed a declaratory judgment complaint against Ultra PRO International, LLC (Ultra Pro) seeking a court declaration that BCW’s conduct does not infringe, dilute, or constitute unfair competition regarding Ultra Pro’s alleged trademarks for plastic trading card holders. Specifically, BCW contests Ultra Pro’s claims over marks such as TOPLOADER, PENNY SLEEVES, PRO-BINDER, MINI SNAP, CHROMAFUSION TECHNOLOGY, and DECK VAULT, which BCW argues are either invalid or unprotectable.

The case originates from Ultra Pro’s demands for BCW to stop using these terms, claiming they infringe upon its trademarks. BCW denies any wrongdoing, maintaining that the terms in question are generic, non-infringing, and commonly used in the industry for specific types of card protectors. BCW claims their product offerings, which include top loaders, penny sleeves, mini snaps, and other protective trading card items, have been in use for over thirty years and are not intended to serve as trademarks. BCW emphasizes that these terms are used descriptively and are not likely to confuse consumers regarding the source of the products.

BCW’s position is that Ultra Pro’s claims lack legal foundation. For example, BCW argues that Ultra Pro’s registration of marks such as TOPLOADER and PENNY SLEEVES should not be considered valid as they are generic terms that have been in common use long before Ultra Pro’s registration. Additionally, BCW alleges that Ultra Pro has failed to prove that its marks are famous enough to support a claim of trademark dilution under the Lanham Act. BCW also challenges Ultra Pro’s attempt to enforce exclusive rights in phrases like “CHROMAFUSION TECHNOLOGY,” arguing that this term is merely descriptive of a process and not a distinctive trademark.

December 20, 2024

Dream Home Photographer Sues Integra Builders for Alleged Photo Theft

By Overhauser Law Offices, LLC

Amy Latka, a seasoned commercial photographer specializing in real estate photography and videography, has filed a lawsuit in the United States District Court for the Southern District of Indiana against Integra Builders LLC, a company based in Fishers, Indiana. Latka, who operates Dream Home Media LLC, claims that Integra infringed on her copyrighted photographs by using them without permission on its commercial website.

According to court documents, Latka captured two sets of photographs that are at the center of the lawsuit. The first set, referred to as “Copyrighted Photographs 1,” was taken on January 12, 2021, and depicted a property located in Fortville, Indiana. The second set, “Copyrighted Photographs 2,” was taken on May 20 and May 25, 2021, of another property located in Fishers, Indiana. According to the complaint, Integra began using these photographs on its website as early as July 1, 2021, without Latka’s consent. The lawsuit also claims that the infringement continued into 2024.

Latka asserts that Integra copied and posted her copyrighted photographs to its website, including the addition of a watermark bearing Integra’s name and logo. Latka claims that Integra acted with knowledge of the infringement, as she had notified the company of the unauthorized use in November 2021. Despite this, the company allegedly continued to display the photographs without securing a proper license or permission.