Indiana Intellectual Property Law News

August 20, 2021

Shelbyville-Based Photographer Sues Dr. Brite for Alleged Copyright Infringement

Indianapolis, Indiana – Apparently, Amy Haehl (“Haehl”), the Plaintiff, is a nationally renowned photography that promotes her work through her photography studio, Coffee Creek Studio. Haehl claims she first gained national notoriety in 2018 after she recreated scenes from “A Christmas Story” featuring a baby wearing pink bunny pajamas. Her work has apparently been featured on “Fox & Friends” and the websites for the “Today” show and “Good Morning America.”

Haehl claims that she drew inspiration from her previous success with using model babies to use photo editing software to add teeth to her infant subjects. According to the Complaint, she registered a series of those images with the U.S. Copyright Office as Group Reg. No. VA0002191510. Further, Haehl claims she posted a copyright notice alongside each photograph posted on her Facebook page.

August 18, 2021

Get 2 Go Sued for Alleged Trademark Infringement of getGo®

By Overhauser Law Offices, LLC

Ft. Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. (together with Phoenix “Giant Eagle” or “Plaintiffs”) for its use in connection with its getGo® Convenience Stores. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. The acquired stores allegedly include four former Rickers stores in Fort Wayne, Indiana.

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

Mark	U.S. Registration No.
GETGO	2,927,502
	4,864,242
	4,864,240
getGo	4,766,055
	4,864,437
	4,864,438
getGo	5,037,377
	5,038,064
	5,037,370
Get To Know GetGo	5,991,999
getGo	6,158,214
	6,158,213

August 16, 2021

Indiana Company Sues for Alleged Deletion of Facebook Page

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Van Ausdall & Farrar, Inc. (“VAF”), is apparently one of Indiana’s oldest privately owned office-solutions companies. According to the Complaint, Defendant, Jane Doe aka Denise Gilbey Moe (“Defendant” or “Moe”), was employed by VAF until October 2018. Due to the nature of Moe’s position, she was allegedly granted access to VAF’s social media accounts including its Facebook page during her employment. VAF claims its Facebook page has economic value as it uses the page to market and promote its products and services. Apparently, Moe’s access to VAF’s social media accounts ended when her employment was terminated on October 4, 2018.

Per the Complaint, VAF’s Facebook page was accessed by Defendant on June 1, 2021 using an account with the name “Denise Gilbey Moe.” While Moe apparently denies accessing VAF’s Facebook after her termination, VAF claims the account appears to be owned and controlled by Moe.

August 13, 2021

Michigan City Resident Sues Numerous Retailers for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Hammond, Indiana – Apparently, James E. Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136, and D/341,471 (collectively, the “Patents in Suit”). Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years.

Cross claims Defendants, Dick’s Sporting Goods Inc., Walmart Inc., Kohl’s Inc., and Amazon, Inc. (collectively “Defendants”), have actively induced and contributorily infringed upon the Patents in Suit and his trade dress by importing, offering for sale, and/or selling t-shirts with his ornamental designs without his permission.

While the pro se Complaint is fairly short, Cross attached numerous exhibits not discussed in the Complaint including an order dismissing Cross’ case against Meijer, Inc. due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. Further attached are black and white photos of zip-up bike jerseys allegedly being sold by Defendants.

Cross is seeking an accounting of damages, costs, expenses, and reasonable attorney’s fees pursuant to 35 U.S.C. § 285.

Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant. 35 U.S.C. § 173.

August 11, 2021

Dave Chappelle Sued for Allegedly Stealing a Joke

By Overhauser Law Offices, LLC

Hammond, Indiana – Pro se Plaintiff, Xavier Gatewood (“Gatewood”) claims to perform comedy in the Chicago area. Between 2014 and 2015, Gatewood claims Defendant, David Khari Webber Chappelle (“Chappelle”), saw him performing comedy at one or more of four places located within two miles of Chappelle’s movie shoot for “CHI-RAQ.”

According to the Complaint, Chappelle then used material from Gatewood’s performance in Chappelle’s standup special “Deep in the Heart of Texas” on Netflix. As Chappelle was allegedly paid $20 Million and the joke was exactly one minute long, Gatewood is seeking $303,030.30.

Unfortunately, the very short Complaint does not disclose the allegedly stolen joke and does not disclose or specifically allege any copyright registration or infringement. Further, while Gatewood lives in Indiana, the alleged theft took place in Illinois and Chappelle lives in Ohio, so jurisdiction may be another hurdle for Gatewood. Continue reading

August 9, 2021

Monster Energy Co. Sues Fitness Company for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Monster also claims it has used a distinctive trade dress for packaging, clothing, bags, sports gear, helmets, and promotional materials that use the Claw Icon in connection with the colors black and green (the “Monster Trade Dress”). Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).

August 6, 2021

Energy Beverages Sued Indiana Automotive Shop for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Monster in turn divested the rights and title to the Full Throttle® energy drink line to its child company, Energy Beverages LLC (“Energy”), the Plaintiff. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos. 2,957,843, 5,562,250, and 5,722,956 (the “Energy Marks”). Energy also claims it has used a distinctive trade dress on its Full Throttle® products since 2004.

Apparently, Energy has licensed the Energy Marks and trade dress in connection with a variety of goods and services throughout the years, including sponsoring motorsports. Since 2015, Energy claims it has spent over $22.6 million dollars in promoting the Full Throttle® brand. Additionally, the retail sales of Full Throttle® products allegedly exceed 47 million cans per year, with estimated revenues of approximately $113 million per year. Therefore, Energy claims its Full Throttle® brand including the Energy Marks and trade dress have acquired great value to identify and distinguish its products and services from those of other, including association with the automotive industry.

August 5, 2021

Patent Office Issues 141 Patents to Indiana Citizens in July 2021

By Overhauser Law Offices, LLC

Patent No.	Title
D0926,292	Faucet
D0926,291	Faucet
D0926,144	Contact
D0926,104	Wheel chock
D0926,078	Buckle system
D0926,018	Knob
D0925,933	Banquette
11,074,802	Method and apparatus for automatic event prediction
11,074,674	Imaging noise reduction system and method
11,073,322	Modular heat transfer system
11,073,200	Embedded auxiliary oil system for gearbox protection
11,073,083	Particle separator
11,073,045	Turbine shroud assembly with case captured seal segment carrier
11,073,026	Turbine shroud assembly with multi-piece support for ceramic matrix composite material seal segments
11,072,162	Methods and apparatus for compensating for thermal expansion during additive manufacturing
11,072,096	Apparatuses and methods to mold complex shapes
11,071,831	Dose detection system module for medication delivery device
11,071,819	Valve drive unit with shape memory alloy actuator
11,071,666	Systems, methods, and devices for treatment of sleep disorders
11,071,636	Thoracic aorta stent graft with access region
11,071,535	Vascular anchoring introducer sheath
11,071,521	Internal ultrasound assembly with port for fluid injection
11,071,454	Identification of device location in healthcare facility
11,071,393	Apparatus for adding hospital bed functionality to an at-home bed
D0925,517	Communication console
D0925,306	Mattock tool
11,071,201	Method and apparatus for terminating an electrical cable to an integrated circuit
11,070,943	Systems and methods for identifying parties based on coordinating identifiers
11,070,290	System and method for using a solar cell in wireless communication
11,068,403	Data processing system for prefetching data to buffer entries and operating method of the data processing system
11,067,588	Medical analyte testing system and operating method therefor
11,067,509	Fluorescent microscope
11,067,029	Systems and methods for coupling a cylinder head to a cylinder block
11,067,015	Systems and methods for cylinder deactivation operation in response to route conditions
11,067,014	System and method for reducing engine knock
11,067,006	Gas turbine engine system with synchronization features for gearbox operation
11,066,973	Heating system for a tank header of aftertreatment system and method of heating a tank header
11,066,947	Turbine shroud assembly with sealed pin mounting arrangement
11,066,849	Adjustable decorative lockset rose assembly
11,066,460	Phage display vectors and methods of use
11,066,386	CGRP receptor antagonists
11,066,256	Grain bin powersweep with sump shaft aperture sealing cover plate assembly
11,066,249	Loading table roller brush assembly
11,066,247	Powersweep including gearbox shifter mechanism
11,066,051	Wheel sensors within vehicular brake assemblies
11,065,808	Methods and apparatus for compressing material during additive manufacturing
11,065,391	Automatic injection device with variable dosing
11,065,386	Automatic medication injection device with audible indication of injecting progress
11,065,368	Drug eluting graft constructs and methods
11,065,216	Compositions and methods for regulating body weight and metabolic syndromes
11,065,130	Expandable spinal implant system and method of using same
11,065,123	Compression resistant implants including an oxysterol and methods of use
11,065,103	Method and apparatus for fixation of an ACL graft
11,065,065	Spinal implant system and methods of use
11,064,987	Volumetric grafts for treatment of fistulae and related methods and systems
11,064,822	Snap together frame
RE048,635	ERK inhibitors
D0925,160	Cremation urn
D0925,032	Component for a drug delivery device
D0925,014	Handshower holder
D0925,008	Faucet handle
D0925,007	Faucet
D0924,983	Children’s ride-on vehicle
11,063,445	Multi-cell battery management device
11,062,707	Voice recognition for patient care environment
11,062,541	Automated architectural specification generation and hardware identification
11,061,482	Force sensitive input devices and methods
11,061,035	Charged mass labeling system
11,060,998	Nonlinear mass sensors based on electronic feedback
11,060,978	Methods of determining an analyte concentration in a body fluid sample having disturbance variables, as well as computer programs and devices therefor
11,060,959	Systems and methods for analyzing an analyte extracted from a sample using an adsorbent material
11,060,939	Diagnosing cylinder pressure sensor gain and offset
11,060,578	Conical spring washer, transmission system, and method of assembly thereof
11,060,468	Engine intake air system including CAC bypass and separate bypass heater, and high-efficiency spark-ignited direct injection liquid propane engine architectures including same
11,060,451	Fuel injector cleaning system, fluid, and method
11,060,434	Reductant injection in exhaust manifold
11,060,004	Adhesives and methods of making the same
11,059,504	Technologies for caddy assemblies
11,059,416	Electrochromic adaptive driving beam system and method
11,059,413	Retractable room actuation assembly for recreational vehicle
11,059,369	Diesel exhaust fluid tank venting system
11,059,359	Tonneau cover tie-down assembly
11,059,259	Composite core with reinforced plastic strips and method thereof
11,059,227	Print head for additive manufacturing
11,058,976	Valve-sensor assembly
11,058,805	Compositions and devices incorporating water-insoluble therapeutic agents and methods of the use thereof
11,058,554	Hard bearing inserter rings
11,058,495	Surgical system having assisted optical navigation with dual projection system
11,058,464	Interspinous process fixation devices, systems, instruments and methods of assembly and use
11,058,368	Distributed healthcare communication system
11,058,108	Stable high strength oil-in-water emulsions
11,058,092	Animal crate with swing or drop door
11,058,089	Soybean variety 5PVSQ69
11,058,055	Airflow for an agricultural harvesting combine
D0924,441	Beam
D0924,392	Component of a drug delivery device
D0924,391	Component for a drug delivery device
D0924,378	Non-return device valve member
D0924,371	Faucet
D0924,370	Faucet
D0924,366	Faucet
D0924,365	Faucet body
D0924,364	Faucet
D0924,358	Faucet sprayhead
D0924,170	Electrical connector
D0924,169	Electrical connector
D0924,035	Knob
D0923,965	Towel bar
11,057,722	Hearing aid for people having asymmetric hearing loss
11,057,240	Method and process for securing an executable image
11,056,838	Transceiver receptacle with EMI cage and bezel clips that provide high shielding effectiveness
11,056,329	ESI-MS via an electrokinetically pumped interface
11,055,386	Controlling user access to a medical system
11,054,318	System for nondestructive residual stress profiling using inductive sensing
11,054,114	Illuminating, spinning device
11,054,039	Seal runner support
11,053,962	Method and apparatus of plasma flow control for drag reduction
11,053,881	Hierarchical engine control systems and methods
11,053,830	Mixer for NOx sensor
11,053,828	Separately determining firing density and pumping density during firing density transitions for a lean-burn internal combustion engine
11,053,817	Turbine shroud assembly with ceramic matrix composite blade track segments and full hoop carrier
11,053,806	Brazed blade track for a gas turbine engine
11,053,801	Gas turbine engine composite vane assembly and method for making the same
11,053,646	Helicopter and VTOL aircraft landing pad information sheet
11,053,578	Removing coatings from ceramic matrix composite substrates
11,053,544	Corn event DAS-59122-7 and methods for detection thereof
11,053,511	Production of DHA and other LC PUFAs in plants
11,053,290	Modified Tamm-Horsfall protein and related compositions and methods of use
11,053,214	Compositions and methods related to pyridinoylpiperidine 5-HT.sub.1F agonists
11,053,003	Cyclorotor thrust control, transmission and mounting system
11,052,878	Manually-operable hydraulic stabilizing system
11,052,192	Disposable inserter and reusable inserter for accommodating a disposable inserter
11,052,153	Highly branched alpha-D-glucans
11,052,009	Device for adjustably supporting portions of a patient for surgery
11,052,008	Surgical frame and method for use thereof facilitating patient transfer
11,051,961	Deployment handle with stabilizing rail for a pre-loaded prosthesis delivery device
11,051,899	Surgical draping system and method
11,051,865	Fixation of bone implants
11,051,859	Spinal correction system and method
11,051,854	Spinal implant system and method
11,051,770	Patient positioning support structure

August 4, 2021

Egglife Foods Sues Crepini, LLC for Alleged Trade Dress Infringement

By Overhauser Law Offices, LLC

South Bend, Indiana – Apparently Egglife Foods, Inc. (“Egglife”), the Plaintiff, sell ready-to-eat wraps that are made with cage-free egg whites instead of flour (“egglife egg white wraps”). Introduced in 2019, founder Peggy Johns claims to have invented egglife egg white wraps, using a now patented method (U.S. Patent No. 10,194,669). Egglife claims its egglife egg white wraps are available in over 3,500 retail locations throughout the United States and have garnered a loyal following of passionate consumers. Since 2019, Egglife has allegedly invested $5 million dollars in the Egglife brand and is on pace to reach $30 million in retail sales in 2021. According to the complaint, Egglife products have a distinct packaging including a unique combination of shapes, colors, text font, a center window, and accent elements that act as a source identifier to its consumers (the “Trade Dress”).

The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” Crepini allegedly sold its egg white thins products in at least three different packaging styles from early 2018 through 2019. Per the Complaint, Crepini owns U.S. Trademark Registration Nos. 5,888,044 and 5,447,364 for “Egg Thins” and “Egg White Thins,” respectively. Egglife claims Crepini rebranded yet again and announced an extensive packaging overhaul including changing the name of the product to “egg wraps” on January 1, 2021.

August 3, 2021

161 Trademark Registrations Issued to Indiana Companies in July 2021

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in July 2021 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark
6434626	ZOOMERS RV
6433404	GEOTHERMAL ENERGY WE CAN ALL AGREE ON
6432951	RAYBELLA
6432531	HT HOBBS TELECOM
6432457	E3