The U.S. Patent Office issued the following 191 patent registrations to persons and businesses in Indiana in December 2020, based on applications filed by Indiana patent attorneys:
| 1 | D0906,093 | Trim |
| 2 | D0905,975 | Hexagon picture display panel |
| 3 | 10,880,330 | Systems and methods for detection of infected websites |
| 4 | 10,879,388 | Methods of reducing the electrical and thermal resistance of SiC substrates and device made thereby |
| 5 | 10,879,283 | Energy harvesting configurable image sensor |
Fort Wayne, Indiana – Apparently, Amanda Cerny, Arianny Celeste Lopez, Abigail Ratchford, Alana Marie Souza, Tiffany Toth Gray, and Katarina Van Derham (collectively the “Plaintiffs”), are all professional models. Plaintiffs claim Defendants, B&B Operations, LLC, B&K Property Holdings LLC, and B&B Property Holdings, LLC, collectively doing business as Club 44 have used the Plaintiffs’ images to promote their strip club business. According to the Complaint, Club 44 has used the Plaintiffs’ images on its social media sites to advertise its business.
Plaintiffs claim that Club 44 used their images without consent, authorization, or payment. Further, even if Club 44 had offered to pay the Plaintiffs for the use of their images, Plaintiffs claim they would have refused to avoid harming their reputations and brands. According to the Complaint, by using Plaintiffs’ images on their social media accounts, “Defendants convey and reasonably suggest, falsely and fraudulently, that Plaintiffs endorse the Club, are affiliated with the Club, participated in the Club, sponsor the Club, or agreed to advertise for the Club.”
Plaintiffs are seeking damages for violations of the Lanham Act including false endorsement, unfair competition, and false advertising. Further, Plaintiffs claim their right of publicity pursuant to Ind. Code § 32-36-1-0.2 et seq., was violated. Finally, Plaintiffs assert Club 44 was unjustly enriched by the use of Plaintiffs’ images.
At last three of the Plaintiffs, Ratchford, Souza, and Toth Gray are involved in other similar suits that were recently filed in Indiana. Continue reading
Indianapolis, Indiana – Apparently Delta Faucet Company (“Delta”), the Plaintiff, employs a number of engineers to improve upon products within the plumbing industry including kitchen faucets. One of those engineers invented a “Magnetic Coupling for Sprayheads,” which is protected by U.S. Patent Nos. 10,669,702 and 10,724,217 (the “Patents At Issue”). This invention apparently provides for a simple and durable coupling between a pull-down sprayhead and the spout of a kitchen faucet.
Delta claims Defendant, As America, Inc. has infringed the Patents In Suit with its “Dock-Tite™ spray-head docking system.” Delta is seeking judgment pursuant to 35 U.S.C. §§ 271(a) and (b), an injunction pursuant to 35 U.S.C. § 283, treble damages under 35 U.S.C. § 284, and attorneys’ fees pursuant to 35 U.S.C. § 285.
Fort Wayne, Indiana – Apparently, the Plaintiffs in this case, Jessica Burciaga, Jessica Hinton, Jamie Eason Middleton, Lucy Pinder, Abigail Ratchford, Emily Scott, Denise Trlica, and Sara Underwood, are professional models. The Plaintiffs claim B&S Fort Wayne, Inc., Showgirl III, Inc. and Reba Enterprises LLC (collectively “Defendants”) doing business as Showgirl I and Showgirl III, have used their images and likeness to promote their strip clubs without permission of the Plaintiffs.
According to the Complaint, the Defendants’ use of the Plaintiffs’ pictures in connection with their strip clubs violates the Plaintiffs’ rights and violates the Lanham Act, 15 U.S.C. § 1125(a), for false endorsement, unfair competition, and/or false advertising. Further, the Plaintiffs allege the Defendants have violated their right of publicity pursuant to Ind. Code § 32-36-1-0.2 et seq. Finally, the Plaintiffs claim the Defendants have been unjustly enriched by promoting their businesses using the Plaintiffs’ images and likeness.
At least two of the Plaintiffs in this case, Hinton and Pinder, are involved in a similar lawsuit in the Southern District of Indiana.
Indianapolis, Indiana – The Trustees of Purdue University (“Purdue”), the Plaintiff, claims to own a number of registered and common law trademarks relating to Purdue University and its mascot (the “Trademarks”). According to the Complaint, Defendants, Vintage Brand, LLC and Sportswear Inc., sell Purdue-branded products utilizing the Trademarks without authorization or a license from Purdue. Purdue seeks declaratory judgment that Purdue owns and enjoys common law rights in the Trademarks and that Purdue’s rights are superior to the Defendants’ claim of any rights. Further, Purdue is seeking judgment against the Defendants for trademark infringement pursuant to 15 U.S.C. § 1114. Finally, Purdue is suing for common law passing off/unfair competition and trademark infringement.
The U.S. Trademark Office issued the following 152 trademark registrations to persons and businesses in Indiana in December 2020 based on applications filed by Indiana trademark attorneys:.
| Reg. Number | Word Mark | |
| 6230565 | SALTWATER ARMS | |
| 6221997 | LINCOLN ENHANCED VALUE | |
| 6216864 | WE PICK UP PALLETS | |
| 6233215 | PREMIUM SERVICE – NO SHENANIGANS! | |
| 6233134 | YOUR CURB APPEAL IS OUR DEAL |
Hammond, Indiana – Cora Skinner and Tiffany Toth Gray, the Plaintiffs, claim to be professional models residing in California. According to the Complaint, a model’s reputation impacts the commercial value associated with their image or likeness to promote a product or service. Further, the Plaintiffs assert they each have “the right to control the commercial exploitation of their name, image, likeness, and advertising ideas.”
Apparently, Sahara, Inc. d/b/a Fantasy (the “Club”), the Defendant, operates a strip club in Hammond, Indiana. The Plaintiffs claim the Club used their images to promote its business without permission or compensation. As such, the Plaintiffs are seeking compensation for false endorsement, unfair competition, and false advertising pursuant to 15 U.S.C. § 1125.
Plaintiffs further claim the Defendant violated their right of publicity under Ind. Code § 32-36-1-0.2 et seq. Finally, Plaintiffs claim the Defendant was unjustly enriched by misappropriated the images of the Plaintiffs to promote the Club.
Indianapolis, Indiana – Honorable Jane E. Magnus-Stinson, Chief Judge for the District Court of the Southern District of Indiana, announced the selection of Mario Garcia for U.S. Magistrate Judge. Mr. Garcia will fill a new magistrate judgeship created for the Southern District of Indiana by the Judicial Conference of the United States. He will be the first Hispanic judge to serve the Southern District of Indiana.
Following graduation from law school, Mr. Garcia joined the law firm of Brattain Minnix, which became Brattain Minnix Garcia in 2008 when he became a partner and is currently a Managing Member. He has appeared in more than 500 civil and criminal hearings in Indiana’s federal and state courts in the past five years. Mr. Garcia is also a registered civil mediator; and was selected by the Indiana Federal Community Defender’s Office to lead the response to pro se compassionate release filings under the First Step Act.
Mr. Garcia is admitted to practice in U.S. District Courts for the Northern and Southern Districts of Indiana, U.S. Court of Appeals for the Seventh Circuit, and the U.S. Supreme Court. Mr. Garcia is a member of the Southern District of Indiana’s Criminal Justice Act panel, through which he represents indigent clients.
Indianapolis, Indiana – Apparently, Larry G. Philpot, the Plaintiff, is a well-known photographer of concerts and musicians throughout the United States. Mr. Philpot has filed multiple copyright infringement lawsuits to protect and enforce the rights to his photographs. In this case, Mr. Philpot claims Mustard Seed Media, LLC and The Prosper Group Corporation, the Defendants, infringed his rights in copyright registration no. VAu 1-182-727, a photo Mr. Philpot allegedly took of Kid Rock. Mr. Philpot is seeking damages for copyright infringement against both Defendants pursuant to 17 U.S.C. §§ 504 and 505.
New Albany, Indiana –Thomas A. Person (“Person”), the Plaintiff, claims to have invented a cigar “Cedar spill” protected by U.S. Patent Nos. 8,507,070 and D664,292 (the “‘070 Patent”, the “‘292 Patent”, collectively “Person’s Patents”). The entity Defendants, Cigar Reserve LLC and Collett Enterprises, Incorporated, allegedly sell products that infringe Person’s Patents. The individual Defendants, Brian and Chanda Kurland, are each purportedly members of and control Cigar Reserve.
According to the Complaint, Person discovered Cigar Reserve was selling a cedar spill for a cigar around August 13, 2013. After multiple communications with Mr. Kurland, the two parties entered into a License Agreement on June 16, 2014. The term of the License Agreement was seemingly extended on at least two occasions until Mr. Kurland was informed the License Agreement would terminate on January 1, 2017. Person states he discovered allegedly infringing products being sold by the Defendants on October 3, 2020, more than three years after the License Agreement ended. Therefore, Person is suing for patent infringement of both Person’s Patents pursuant to 35 U.S.C. § 271.
