Indiana Intellectual Property Law News

November 20, 2020

Winegard Sued for Alleged Patent Infringement of RV Antenna

Fort Wayne, Indiana – According to the Complaint, Magnadyne Corporation (“Magnadyne”), the Plaintiff, and Winegard Company (“Winegard”), the Defendant, are competitors in the recreational vehicle market. Magnadyne claims to have filed a patent application titled “Combination External Vehicle Antenna Housing and Installation Method” on April 2, 2018. Apparently that application published on October 4, 2018 as US2018/0287250A1 (the “‘250 Publication”). The day after the ‘250 Publication was published, Magnadyne claims it provided a copy to Winegard via one of Winegard’s subsidiaries, WiFi Ranger. Thereafter on April 14, 2020, Magnadyne’s patent was issued as United States Patent No. 10,622,709 (the “‘709 Patent”).

Magnadyne claims to have notified Winegard and WiFi Ranger of the ‘709 Patent the day it issued via written communications. Since then, Magnadyne claims Winegard has continued to sell an alleged infringing product, the Air 360+, among other products accused of infringement. Per the Complaint, the sale, manufacture, and use of the Air 360+ directly infringes at least claim 1 of the ‘709 Patent. Magnadyne claims to have suffered damages for direct infringement, contributory infringement, and induced infringement of the ‘709 Patent. Therefore, Magnadyne is seeking a reasonable royalty, compensatory damages, attorneys’ fees, and costs.

November 19, 2020

Gangnam Korean BBQ Sued for Alleged Piracy and Copyright Infringement

By Overhauser Law Offices, LLC

Evansville, Indiana – Joe Hand Promotions, Inc. (“Joe Hand”), a frequent Plaintiff in the federal courts of Indiana, apparently specializes in licensing premier sporting events to bars, restaurants, and similar venues. According to the Complaint, Joe Hand had an agreement with the owner of U.S. Copyright PA-002-0660333 to commercially distribute the Floyd Mayweather, Jr. vs. Conor McGregor boxing match (the “Program”) on August 26, 2017.

Per the Complaint, the Defendants, Joseph J. Kim, Sarah Ying AI Kim, and Genesis Business Systems, LLC d/b/a Gangnam Korean BBQ, exhibited the Program to the public without paying for a commercial license through Joe Hand. As such, Joe Hand is seeking damages for satellite and cable piracy pursuant to 47 U.S.C. §§ 605 and 553, respectively, and copyright infringement pursuant to 17 U.S.C. § 505.

November 18, 2020

Frost Buddy, LLC Sued for Alleged Trade Dress Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently Brumate, LLC (“Brumate”), the Plaintiff, designs and sells insulated beverage containers, including an insulated tumbler/can holder, the HOPSULATOR®, and an insulated wine bottle, the WINESULATOR®. Brumate claims to have acquired trade dress rights in its HOPSULATOR® product design (“HOPSULATOR Trade Dress”). According to the Complaint, Frost Buddy, LLC (“Frost Buddy”), the Defendant, is selling a knockoff product that incorporates the HOPSULATOR Trade Dress. Brumate also claims Frost Buddy has engaged in deceptive advertising with regard to Brumate’s HOPSULATOR® and WINESULATOR® products.

Brumate is seeking damages for trade dress infringement, false advertising, and unfair competition pursuant to 15 U.S.C. § 1125(a). Further, Brumate claims Frost Buddy committed deception in violation of I.C. § 35-43-5-3 and unfair competition under Indiana common law.

November 17, 2020

Carved LLC of Elkhart Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

South Bend, Indiana –Apparently, BelAir Electronics, Inc. (“BelAir”), the Plaintiff, is the assignee of two patents, U.S. Patent Nos. 7,941,195 (the “‘195 Patent”) and 10,097,676 (the “‘676 Patent), both entitled “Protective Mask of Mobile Phone.” According to the Complaint, Carved LLC (“Carved”), the Defendant, manufactures, sells, and distributes protective masks for mobile devices (the “Accused Products”). BelAir claims the Accused Products infringe at least claim 9 of the ‘195 Patent and at least claims 1, 5, 8, and 9 of the ‘676 Patent.Per the Complaint, BelAir sent notice of the alleged infringement to Carved on or about December 17, 2019. Because Carved has not ceased producing and selling the Accused Products, BelAir is seeking damages pursuant to 35 U.S.C. § 284. Continue reading

November 16, 2020

Patent Infringement Case Dismissed for Forum Non Conveniens

By Overhauser Law Offices, LLC

Hammond, Indiana – Tyler Research Corporation (“TRC”), the Plaintiff, filed suit against the Defendants, Envacon, Inc., Kieran Bozman, and JKKB Holding Corporation, alleging infringement of its rights in United States Patent No. 6,273,053 (the “‘053 Patent”). After amending the Complaint, the Defendants filed a Motion to Dismiss First Amended Complaint Pursuant to Forum Non-Conveniens.

TRC is apparently a Pennsylvania corporation having its principal place of business in Alberta, Canada. According to the Opinion of the Court, Envacon, Inc. and JKKB Holding Corporation are both Canadian entities and Kieran Bozman resides in Canada.

Forum non conveniens allows a district court to dismiss a case “in order to best service the convenience of the parties and the ends of justice.” Stroitelstvo Bulgaria Ltd. v. Bulgarian-American Enter. Fund, 589 F.3d 417, 421 (7th Cir. 2009) (citing Clerides v. Boeing Co., 534 F.3d 623, 627–28 (7th Cir. 2008)). The Court in this case found that while a “Canadian court is unlikely to adjudicate a claim for the infringement of a United States patent,” TRC could still bring a claim for infringement of its Canadian patent and a claim for breach of contract, “which alone would remedy the alleged wrong.” Opinion at p. 9. After finding an alternative forum is available for the case, the Court conducted an analysis and found the public interest and private interests of the parties would be best served by dismissing the case and allowing it to proceed in Canada. Therefore, the Court granted the Defendants’ Motion to Dismiss.

November 12, 2020

Wet Floor Safety Sign at Issue in Patent Infringement Lawsuit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Eddie M. Green, Jr. Jeffersonville, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Meijer, Inc. infringed its rights in United States Patent No. 9,940,796 (“the ‘796 Registration”) for “Wet Floor Safety Sign”. Plaintiff is seeking injunctive relief, judgment including statutory damages and attorneys’ fees.

Eddie M. Green, Jr. (“Green”), the Plaintiff, apparently owns United States Patent No. 9,940,796 (the “‘796 Patent”) for the “Yellow Fellow Safety Sign.” Believing the Defendant, Meijer, Inc., infringed the ‘796 Patent, Green filed suit, pro se, alleging patent infringement. Green claims that despite warning Meijer of the alleged infringement on two separate occasions, Meijer continues to use the allegedly infringing wet floor signs.

Green is seeking an injunction and damages for the allegedly unlicensed use of his invention. As in another lawsuit against different defendants, Green claims his ability to sell his product and costs for marketing and advertising his patented product will be greater due to Meijer’s “misuse of fake and unpatented products in the safety field.”

November 6, 2020

Patent Office Issues 202 Patents to Indiana Citizens in October 2020

By Overhauser Law Offices, LLC

Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.

The U.S. Patent Office issued the following 202 patent registrations to persons and businesses in Indiana in August 2020, based on applications filed by Indiana patent attorneys:

	Patent No.	Title
1	D0900,280	Faucet
2	D0900,147	Display screen or portion thereof with graphical user interface and computer icons
3	D0899,954	Sensor
4	D0899,890	Knob
5	D0899,889	Knob

November 4, 2020

159 Trademark Registrations Issued to Indiana Companies in October

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in October 2020 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark
6171625	GANT COIN
6186820	GRASTON
6185288	ACTIVE CARE
6184959	A&A SURFACES
6184958	A&A SURFACES

November 3, 2020

Indiana Trademark Litigation: JetPro Pilots, LLC Seeks Declaratory Judgment of Non-Infringement

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – JetPro Pilots, LLC, the Plaintiff, apparently recruit, staff, and provide pilots, flight attendants, and technicians to its clients for use on their aircrafts. According to the Complaint, Defendants, Jet Pro, Inc. and Keith Kenneally, offer freight brokerage and forwarding services. The Defendants allegedly sent a cease and desist letter to JetPro Pilots claiming JetPro Pilots was violating Defendants’ U.S. Registration No. 3,186,308 (the “Jet Pro, Inc. Mark”). JetPro Pilots claims to have been in business since 2009 with the first allegation relating to confusion arising out of its use of the phrase “Jet Pro” coming from Defendants in July 2020, with no actual consumer confusion in the eleven years of co-existence.

Believing this to be a credible threat of immediate litigation, JetPro Pilots filed suit for a declaratory judgment for unenforceability of a trademark and a declaration of non-infringement pursuant to the Trademark Laws of the United States and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. JetPro Pilots asserts in favor of declaratory judgment that the parties’ logos are dissimilar and the parties provide different goods and services making consumer confusion unlikely.

November 2, 2020

Seventh Circuit Confirms Presumptive Fees in Copyright Litigation are Not Guaranteed

By Overhauser Law Offices, LLC

Seventh Circuit Court of Appeals – The U.S. Court of Appeals for the Seventh Circuit affirmed the denial of fees for the Defendant, David Knott (“Knott”), after Plaintiff, Timothy B. O’Brien LLC (“Apple Wellness”), voluntarily dismissed all its claims with prejudice.

Originally filed in the Western District of Wisconsin, Apple Wellness alleged that Knott, a former employee of Apple Wellness started a similar, competing wellness shop. Apple Wellness sued Knott for alleged trademark, trade dress, and copyright infringement. Knott countersued for tortious interference and retaliation. The District Court found the copyright claims baseless and denied a preliminary injunction on the trademark and trade dress claims. Apple Wellness later voluntarily dismissed all its claims.

While Apple Wellness submitted a motion to dismiss without prejudice, the District Court ordered Apple Wellness to withdraw its motion or accept a dismissal with prejudice because Knott had already expended resources litigating an injunction. The District Court further noted that in its opinion, no party’s claim was strong. Apple agreed to the dismissal with prejudice and the District Court declined to exercise supplemental jurisdiction over the counterclaims. The District Court subsequently denied Knott’s motion for fees leading to this appeal only as to the fees for the copyright claims and the appeal.

The Court of Appeals found that while Apple Wellness’s copyright claims were frivolous, it appears the claims were brought in good faith. Therefore, “there were minimal concerns regarding compensation and deterrence.” Further, Knott did not have to expend a large amount of time, money, or energy defending against the copyright claims as they were quickly dismissed. After considering all of the factors, the Court of Appeals affirmed the judgment of the District Court denying Knott’s motion for fees.