Indiana Intellectual Property Law News

June 2, 2020

Lafayette Company Seeks Damages for Alleged Trademark Infringement

Lafayette, Indiana – Lafayette Venetian Blind, Inc. (“LVB”), the Plaintiff, claims it has developed substantial goodwill in connection with its distinctive U.S. Trademark Registration No. 3537759 for the word “Allure” for use in connection with window blinds and treatements. LVB claims that Defendant, Blinds to Go (U.S.), Inc. (“Blinds to Go”), uses the term “Allure” “to sell competing goods to many of the same consumers served by LVB.” According to the Complaint, LVB has demanding Blinds to Go cease and desist from using the “Allure” mark in connection with Blinds to Go’s window treatments, but it has failed to do so.

As such, LVB is seeking declaratory relief that it has superior rights to the term “Allure” and has the right to use the term “Allure” throughout the United States for “manufacturing, designing, and selling window treatments, blinds, shades, and related products and services.” Further, LVB is seeking damages for trademark infringement and unfair competition and false designation of origin under the Lanham Act (15 U.S.C. § 1114 and 15 U.S.C.A. § 1125(a), respectively). Finally, LVB is claiming damages for common law trademark infringement and passing off/unfair competition.

The case was assigned to Judge Phillip P. Simon and Magistrate Judge John E. Martin in the Northern District and assigned Case 4:20-cv-00021-PPS-JEM.

May 19, 2020

Photographer Alleges Indiana Company Infringed Photo of Mayor de Blasio

By Overhauser Law Offices, LLC

South Bend, Indiana – Real Clear Holdings LLC (“RCH”), the Defendant, is alleged to have copied Plaintiff Christopher Sadowski’s photograph of Mayor Bill de Blasio (the “Photograph”) without a license or authorization. Sadowski claims to be a professional photographer and owner of U.S. Copyright No. VA 2-175-419 for the Photograph. According to the Complaint, Sadowski licensed the Photograph to the New York Post who posted the Photograph with Sadowski’s name in an article on its website on July 25, 2019.

RCH allegedly took the Photograph from the New York Post’s website and used the Photograph on RCH’s website www.realclearmarkets.com/ in an article posted on September 9, 2019. Sadowski claims RCH did not license the Photograph from him and did not have his permission to utilize the Photograph. He further claims RCH removed the copyright management information identifying Sadowski as the photographer as shown on the New York Post’s website and instead credited “YouTube”. Therefore, he is seeking damages for copyright infringement and removal and alteration of copyright management information.

The case was assigned to District Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00215-DRL-MGG.

May 18, 2020

Texas Photographer Sues Gray Television for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

South Bend, Indiana – Kevin Jairaj (“Jairaj”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs including one of Olympic gold medalist McKayla Maroney (the “Photograph”). Jairaj claims to have registered the Photograph with the U.S. Copyright Office and granted Copyright Registration No. VA 2-112-984. According to the Complaint, Defendant Gray Television ran multiple articles on its websites regarding the alleged sexual abuse of McKayla Maroney featuring the Photograph without a license. Jairaj is seeking damages and statutory relief for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501 and intentionally removing copyright management information pursuant to 17 U.S.C. § 1202.

The case was assigned to District Judge Robert L. Miller, Jr., and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00156-RLM-MGG.

Complaint

May 11, 2020

Yellow Fellow Safety Sign at Heart of Patent Infringement Suit

By Overhauser Law Offices, LLC

New Albany, Indiana – Pro se Plaintiff, Eddie M. Green Jr., of Jeffersonville, Indiana, filed suit in the Southern District of Indiana alleging that Defendants, Chain Vault Inc. and its owner, Ara Yavruyan, infringed his rights in United States Patent No. 9,940,796 (the “‘796 Patent”) for “Yellow Fellow Safety Sign.” The ‘796 Patent, issued on April 10, 2018, claims a portable wet floor sign made for the blind and hearing impaired with a motion sensor, a rotating camera, a voice box, a moisture sensor, and various flashing lights. According to the Complaint, Plaintiff’s “business start-up has been stopped” and his product’s name has been damaged due to the Defendants’ infringing actions. Mr. Green estimates the minimum amount in controversy to be $2.8 million.

The case was assigned to District Judge Tanya W. Pratt and Magistrate Judge Debra McVicker Lynch in the Southern District and assigned Case 4:20-cv-00052-TWP-DML.

Complaint

May 8, 2020

Photographer Seeks Damages for Alleged Copyright Infringement of Horse Photograph

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – George Matula (“Matula”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs for a fee. Matula allegedly photographed a horse and registered the photograph as U.S. Copyright No. VA 2-154-421 (the “Photograph”) in 2018. According to the Complaint, Defendant Triple H Magazine ran the Photograph in its publication without licensing the Photograph from Matula in violation of the U.S. Copyright Act. Therefore, Matula is seeking damages for copyright infringement pursuant to 17 U.S.C. § 504(b).

The case was assigned to District Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Northern District and assigned Case 1:20-cv-00071-HAB-SLC.

Complaint

May 7, 2020

Williamsburg Furniture Claims Lippert Patent is Invalid and/or Unenforceable

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Williamsburg Furniture, Inc. (“Williamsburg”) of Nappanee, Indiana originally filed suit in the District Court of Delaware seeking a declaratory judgment of non-infringement against Defendant, Lippert Components, Inc. (“Lippert”) claiming Lippert’s United States Patent No. 8,739,330 (the “‘330 Patent”) is invalid and/or unenforceable. Williamsburg is also seeking judgment for false advertising and unfair competition as it claims Lippert informed Williamsburg’s customers of the alleged patent infringement and caused Williamsburg to lose sales. Upon motion by Lippert, the case was transferred to the Northern District of Indiana.

According to the Complaint, the invention claimed in the ‘330 Patent for a tri-fold sofa was publicly disclosed, in public use, on sale, or otherwise available to the public through third parties not associated with the ‘330 invention more than one year prior to the filing of the provisional patent application. For instance, Patrick Hutmacher claims he purchased a tri-fold chair/bed in August 2010 from a furniture store in McHenry. One month later, a person from the McHenry furniture store allegedly brought a second tri-fold chair/bed to Mr. Hutmacher at his place of employment, Flair Interiors, Inc. (“Flair”), in an attempt to supply the products to the company.

May 6, 2020

176 Trademark Registrations Issued to Indiana Companies in April 2020

By Overhauser Law Offices, LLC

Overhauser Law Offices the publisher of this site, assists with U.S. and Foreign Trademark searches, Trademark Applications and assists with enforcing Trademarks via Infringement Litigation and Licensing.

	Reg. Number	Word Mark
1	6044389	CAMPAIGN AD-CLOUD
2	6042101	PASIC
3	6042098	KEEP MI SMILE
4	6041679	FOOTFIXR
5	6041624	WEIRD WAVES PODCAST
6	6041422	GONZO MUSEUM
7	6041419	GONZO GALLERY
8	6041347	LONGVIDA OPTIMIZED CURCUMIN
9	6044127	DIAMOND SHINE
10	6044098	JUST ONE PENNY

May 5, 2020

Patent Office Issues 189 Patents To Indiana Citizens in April 2020

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 189 patent registrations to persons and businesses in Indiana in April 2020, based on applications filed by Indiana patent attorneys:

	Patent No.	Title
1	D0882736	Faucet handle
2	D0882276	Nonwoven fabric
3	10,637,388	Motor drive with moisture control features
4	10,637,387	Motor control device
5	10,636,583	Material property capacitance sensor
6	10,634,677	Use of acamprosate to modulate ERK1/2 activation in animal models for FXS and ASD and individuals diagnosed with FXS and ASD
7	10,634,659	Test strip ejector for medical device
8	10,634,579	Methods and apparatus for detecting position of a liquid
9	10,634,549	Hospital bed scale calibration methods and patient position monitoring methods
10	10,634,397	Devices, systems, and methods for the rapid transient cooling of pulsed heat sources

April 27, 2020

Massachusetts Braces for Patent Suit Transferred from Indiana

By Overhauser Law Offices, LLC

New Albany, Indiana – Ultra Athlete LLC (“Ultra Athlete”) originally filed suit against Defendants, Jalmar Araujo and JB Sports, LLC d/b/a Flexibrace, in the Southern District of Indiana. Ultra Athlete claimed the Defendants willfully infringed its rights in both United States Patent Nos. 6,749,578 for “Ankle Brace With Cuff and Strap” and D550,370 for “Ankle Brace Shell”. Further, Ultra Athlete claimed Defendants violated the Lanham Act by infringing its trade dress and by acting in a manner that constituted unfair competition. Finally, Ultra Athlete claimed Defendants violated the unfair competition laws of Indiana.

After the Court dismissed the patent infringement and Lanham Act unfair competition claims, the only claims remaining in the suit were trade tress infringement and unfair competition under Indiana laws. Ultra Athlete filed the dismissed claims in the proper venue – the District of Massachusetts – and Defendants moved to transfer the remaining claims to the same venue.

Judge Richard L. Young of the Southern District of Indiana granted the Motion to Transfer the case to the District of Massachusetts stating, “[t]he court finds the convenience of the parties, the convenience of the witnesses, and the interests of justice warrant” the transfer. Judge Young further noted, “most importantly, transferring this case to Massachusetts will avoid duplicative litigation and the potential for conflicting rulings.” Overhauser Law Offices represented the prevailing Defendants in both the Motion to Dismiss and the Motion to Transfer.

April 23, 2020

Syndicate Sales Gains Home-Field Advantage in Trademark Infringement Suit

By Overhauser Law Offices, LLC

Syndicate Sales Inc., an Indiana corporation, along with six other Defendants filed notice to remove a case initially filed in the Superior Court of California, County of Los Angeles by Plaintiff, Natural Pack, Inc. (“Natural Pack”). Defendants sought to remove the case to the United States District Court for the Central District of California pursuant to 28 U.S.C. §§ 1331, 1337, and 1441 for federal question and diversity jurisdiction.

The removed case is a civil action entitled Natural Pack, Inc. v. Syndicate Sales, Inc. et al. Case No 19TSCV32476 (the “State Action”). Natural Pack filed the State Action on September 12, 2019, asserting claims for violation of Uniform Trade Secrets Act, fraud, negligent misrepresentation, breach of contract, intentional interference with prospective economic relations, negligence, violation of the Lanham Act, and California Statutory and common law infringement. Following removal to the Central District of California, the Defendants filed a Motion to Dismiss under F.R.C.P. 12(b)(2) or in the alternative to Change Venue pursuant to 28 U.S.C. § 1401. The case was transferred to the Southern District of Indiana on January 21, 2020.

The Original Notice of Removal was filed October 15, 2019 in the Central District of California; and the case was transferred to the Southern District of Indiana on January 21, 2020 given Case No. 1:20-cv-00219-JRS-DLP and assigned to District Judge James R. Sweeney and Magistrate Judge Doris L. Pryor.