By

Pic-1Plaintiff William Miller filed suit against Empire News, LLC (Defendant) for the unauthorized use of a copyrighted photograph depicting migrants being displaced from the Watson Hotel. The lawsuit asserts violations of the Copyright Act (17 U.S.C. §101 et seq.) and the Digital Millennium Copyright Act (17 U.S.C. §1202(b)).

The Plaintiff asserts exclusive rights to the photograph in question, which he reports was first published on January 30, 2023, and later registered by the U.S. Copyright Office on April 1, 2023. Miller claims that the Defendant displayed this image on its website on January 30, 2023, without the proper permission or licensing, thereby violating copyright law.

Empire, LLC, is alleged to have profited from the unauthorized display, thus undermining the Plaintiff’s market for the photograph. The Plaintiff claims that the Defendant failed to implement adequate policies to verify copyright ownership, which indicates negligence in ensuring compliance with copyright law.

Continue reading

By

On October 11, 2024, the United States District Court for the Northern District of Indiana announced an important development for Fort Wayne’s legal community: Andrew L. Teel has been chosen as the new United States Magistrate Judge. He will take over from the Honorable Susan L. Collins, who will retire in July 2025 after a remarkable career spanning thirty-seven years.

Teel, who earned his degrees from Indiana University Bloomington and the College of William & Mary Law School, brings a wealth of experience to this role. His career includes significantAndrewLTeel positions in both private practice and public service, notably serving as a law clerk for Judge Holly A. Brady since 2019. His background in federal litigation positions him well to handle the challenges of a magistrate judge.

In addition to his professional achievements, Teel has shown a strong commitment to the local community. He has actively participated in the Allen County and Indiana State Bar Associations, recently serving as President of the Allen County Bar Association. Teel is also involved with the Community Advisory Board for the Fort Wayne Sexual Assault Treatment Center.

Continue reading

By

The U.S. Patent Office issued the following 211 patents to persons and businesses in Indiana in September 2024:

PATENT NUMBER                                                    PATENT TITLE
US 12098575 B2 Transverse concealed latch system
US 12096989 B2 Plan implementation
US 12096745 B2 Animal crate with swing or drop door assembly
US 12097128 B2 System and method for preparing a patient’s femur in an orthopaedic joint replacement procedure
US 12098537 B2 Modular clearspan building, and modular building sections and construction methods therefor

Continue reading

By

Plaintiff Forest River, Inc. has filed a lawsuit against Defendant Sharpline Converting, Inc. over claims of willful trademark infringement. Forest River, a leading manufacturer in the recreational vehicle (RV) industry, argues that Sharpline’s partnership with inTech Trailers, Inc., a direct competitor, has significantly harmed its brand identity and reputation.

Founded in 1996, Forest River is well-known for producing high-quality RVs, including travel trailers and cargo trailers. In a Previous Lawsuit, the company was awarded $5.56 million in damages after a federal court found that inTech Trailers had willfully infringed on Forest River’s trademarks—specifically the DELLA TERRA mark and the unique Forest River Mountain logo. The situation is compounded by the fact that both companies target the same customer base and utilize similar dealership networks, making it easier for consumers to become confused.

PicSharpline operates a manufacturing facility in Elkhart, Indiana, where it provides design and branding services to inTech. Forest River contends that Sharpline willfully and knowingly contributed to inTech’s infringing activities while designing, creating, and manufacturing the “Terra” and new mountain design graphics for inTech’s infringing Terra Travel trailers. Forest River further claims that the relationship between Sharpline and inTech has led to market confusion, undermining the significant investment Forest River has made in marketing its products.

Continue reading

By

The U.S. Trademark Office issued the following  202 trademark registrations to persons and businesses in Indiana in September 2024 based on applications filed by Indiana trademark attorneys:

Registration    Number        Wordmark
7494237 MUNSTERFEST
7512388 APA JETS
7502813 KAIBAN
7504091 AAAI RECORDS
7509510 AAAI RECORDS

Continue reading

By

On September 19, 2024, Judge Damon R. Leichty in the United States District Court of Northern Indiana granted Forest River, Inc. enhanced damages after a September 2023 jury found that inTech Trailers, Inc. infringed on its mountain design trademarks for recreational vehicles.

In 2021, Forest River, Inc., a major RV manufacturer, sued inTech for violating two of its trademarks- DELLA TERRA and the mountain design logo. In September 2023, a jury unanimously ruled in favor of Forest River, awarding $2 million and determining that willful infringement had occurred.DellaTerraTrailor

Forest River requested enhanced damages because InTech’s infringement was willful.  The Court began its decision by quoting a famous case in which a trademark registration for THIRST-AID was found to be infringed by the slogan “Gatorade is thirst aid”:

Continue reading

By

The U.S. Patent Office issued the following 199 patents to persons and businesses in Indiana in August 2024:

US 12070711 B2 Air filter arrangement; assembly; and, methods
US 12070231 B2 Customized patient surgical plan
US 12070975 B2 Under bed hitch mounting system
US 12070251 B2 Systems and methods for spinal rod insertion and reduction
US 12073341 B2 Proactive spatiotemporal resource allocation and predictive visual analytics system

Continue reading

By

Mia Lind, the plaintiff and creator of the Delaware brand “Hot Girl Walk,” filed a lawsuit against Casey Springer, accusing Springer of infringing on her trademark with a local version of thepic-1 concept called “Hot Girl Walk Indianapolis.” Lind’s “Hot Girl Walk,” which originated during the pandemic, is a women’s-only mental health walk that has been trademarked and commercialized through merchandise and sponsorships.

Inspired by Lind, Springer launched a similar initiative in Indianapolis. Initially called “Hot Girl Walk Indy,” it was later rebranded as “Hot Walk Indy.” Lind’s lawsuit alleges trademark infringement, business disparagement, and defamation.

Springer contended that her initiative was distinct and non-commercial, designed as a free community event. She argued that Lind’s trademark protects specific brand elements but does not cover the broader concept of a group walk.

Continue reading

By

The U.S. Trademark Office issued the following  196 trademark registrations to persons and businesses in Indiana in August 2024 based on applications filed by Indiana trademark attorneys:

Registration Number Wordmark
7465709 MATCHBOOK LEARNING
7472578
7485258 MAMMOTH CONSTRUCTION
7468789 CETRA
7466597 POPA HEATING & COOLING
7466598 POPA HEATING & COOLING

Continue reading

By

UFC-PicJoe Hand Promotions, Inc. (Plaintiff) has filed a lawsuit against Ralo’s Cocktail Lounge, LLC and its principal, Keon Frazier (Defendants), for the alleged, unauthorized public display of UFC 264 Poirier vs. McGregor 3 on July 10, 2021. The lawsuit addresses the legalities surrounding the broadcast of premium content in commercial settings.

Joe Hand Promotions, specializing in licensing exclusive sports programming, claims exclusive rights to distribute UFC events. They allege Ralo’s Cocktail Lounge exhibited UFC 264 without proper authorization, violating 47 U.S.C. §§ 553 and 605 under federal jurisdiction.

Ralo’s Cocktail Lounge, located in East Chicago, IN, is accused of using unauthorized means to broadcast the event, thereby avoiding licensing fees and attracting customers. Keon Frazier, a resident of Indiana and key figure in the establishment’s operations, is also named in the lawsuit.

Continue reading
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

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, Overhauser Law Offices, LLC
JUSTIA Law Firm Blog Design