By

TAOD-BlogPhoto-300x124South Bend, Indiana – Attorneys for Plaintiff, The Art of Design, Inc. (“TAOD”) of Elkhart, Indiana, filed suit in the Northern District of Indiana alleging that Defendant, Sharpline Converting, Inc. (“Sharpline”) of Wichita, Kansas, infringed its rights in United States Copyright Registration Nos. VA 1-979-388 and 2-149-309 (the “‘388 Design”) and VA 1-982-002 and 2-149-316 (the “‘002 Design”). TAOD is seeking judgment, actual damages, profits, and any further relief as the Court deems proper.

TAOD claims it is a highly respected and successful business engaged in custom airbrushing and the designing of fine art. According to the complaint, TAOD employs very talented individuals who create original two-dimensional designs (the “TAOD Designs”) that are applied to boats, RVs, airplanes, cars, and helicopters. TAOD claims the TAOD Designs are copyrightable and that it owns all right, title, and interest in the TAOD Designs. The ‘388 Design and ‘002 Design are both designs known as the “Shatter Graphics”.

Per the complaint, Sharpline designs and manufactures vinyl graphics for a diverse market, including the marine industry. Sharpline allegedly sells vinyl graphic image products to Pontoon Boat, LLC, doing business as, Bennington and Bennington Marine (“Bennington”). According to the complaint, Bennington provided Sharpline with unauthorized copies of the Shatter Graphics in 2012, which Sharpline then copied, created a vinyl graphic product, and distributed to Bennington for application on Bennington’s boats and boat motors. TAOD claims one of the images provided to Sharpline from Bennington was a photograph of one of Bennington’s boats painted by TAOD with the Shatter Graphics. TAOD alleges Sharpline has reproduced, copied, and distributed unauthorized copies of the TAOD Designs and as such is seeking damages for copyright infringement and inducing copyright infringement.

Continue reading

By

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 196 patent registrations to persons and businesses in Indiana in September 2019, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 PP030888 Rugosa shrub rose plant named `KAPswehp`
2 D0860984 Case for a mobile device
3 D0860685 Mattress
4 10,424,975 Sensor module and kit for determining an analyte concentration
5 10,422,797 Electrochemiluminescence method of detecting an analyte in a liquid sample and analysis system

Continue reading

By

The U.S. Trademark Office issued the following  198 trademark registrations to persons and businesses in Indiana in September 2019 based on applications filed by Indiana trademark attorneys:

Registration No.  Word Mark
5868255 SAND CREEK
5868145 AMBUSH
5867820 ROSE ACRES
5867651 CREAM TATTOO
5867553 SUMMER PROJECT

Continue reading

By

Elkhart, Indiana – Attorneys for Plaintiff, Display Technologies, LLC (“Display”) of North Miami, Florida, filed suit in the Northern District of Indiana alleging that Defendant, Furrion, LLC of Elkhart, Indiana, infringed itsDisplay-BlogPhoto-300x234 rights in United States Patent No. 9,300,723 (the “‘723 Patent”) for “Enabling social interactive wireless communications”. Display is seeking damages, pre-judgment and post-judgment interest, and any further relief the court deems proper.

Display is claiming Furrion has infringed and continues infringing one or more claims of the ‘723 Patent including at least Claims 12, 14, 16, 17, and 20. According to the complaint, Display is claiming at least Furrion’s DV7100 media system with NFC and Bluetooth wireless technology (the “Product”), among other Products infringe the ‘723 Patent.

Display claims the Product infringes Claim 12 because it receives media files from a wireless mobile device via Bluetooth or NFC and the Product includes a security measure such as a Bluetooth PIN, among other features. Regarding Claim 14, Display claims it is infringed by the transfer of a digital media file from the wireless mobile device to the Product completely bypassing the security measure. Further, Display claims the Product infringes Claims 16, 17, and 20 because the Product is an audio system with a Bluetooth connection, and “the digital media file is provided by the wireless mobile device.” As such, Display is seeking damages for patent infringement.

Continue reading

By

fanimation-blogphoto-300x65Indianapolis, Indiana – Attorneys for Plaintiff, Fanimation, Inc. of Zionsville, Indiana, filed suit in the Southern District of Indiana alleging that Defendant, Décor Selections, LLC d/b/a Lighting Merchant (“Lighting Merchant”) of Ocean, New Jersey, infringed its rights in United States Trademark Registration No. 2,318,516 for FANIMATION (the “Registered Mark”). Fanimation is seeking injunctive relief, judgment including statutory damages, and attorneys’ fees.

Fanimation claims it owns the Registered Mark for “electric wall mounted fans, electric free-standing floor pedestal fans and electric ceiling fans for non-industrial use.” Further, Fanimation alleges it has been using the Registered Mark, FANIMATION, since at least 1984 and because it has filed all proper paperwork and the Registered Mark has been registered more than five years, the Registered Mark is now “incontestable” pursuant to 15 U.S.C. §1065. According to the complaint, Fanimation sells its fans in a variety of ways through direct sales via its website or showrooms, or through Authorized Dealers. Authorized Dealers have entered into a written Authorized Dealer Agreement (“ADA”) to sell Fanimation fans through specially trained staff. Fanimation claims “original buyers” of its fans from direct sales or those through an Authorized Dealer receive a warranty that is redeemable with proof of purchase, purchase order, or invoice number.

Per the complaint, Fanimation claims Lighting Merchant is and has been selling fans bearing the Registered Mark on its website without authorized use via an ADA. Fanimation claims that Lighting Merchant’s lack of warranty and failure to specially train staff on Fanimation’s products make “the fans sold by Lighting Merchant materially different from the genuine FANIMATION® fans offered by Fanimation and its Authorized Dealers.” Fanimation believes consumers are likely to be confused when purchasing fans from Lighting Merchant as to the source and quality of the fans.

Fanimation allegedly sent a cease and desist letter to Lighting Merchant on or about January 19, 2019. Fanimation believes Lighting Merchant purchases fans from Authorized Dealer(s) and then sells them second-hand. These acts, if true, would breach at least one of the terms of the ADA signed by the Authorized Dealer(s) selling to Lighting Merchant. As such, Fanimation is seeking injunctive relief and seeking damages for trademark infringement, false designation of origin, dilution, unfair competition, and unjust enrichment.

Continue reading

By

South Bend, Indiana – Attorneys for Plaintiff, Vincent A. Ambrosetti, individually and as Trustee of TheAmbrosetti-BlogPhoto King’s Ministrels Charitable Trust aka International Liturgy Publications (“ILP”), filed suit in the Northern District of Indiana alleging that Defendants, Oregon Catholic Press (“OCP”) of Portland, Oregon, and Bernadette Farrell, both allegedly doing business in the State of Indiana, infringed the rights in United States Copyright Registration No. PA0000525379 for the songbook “I Will Sing”. Ambrosetti is seeking injunctive relief, statutory damages, and attorneys’ fees.

According to the Complaint, Ambrosetti is the author and copyright owner of the song book “I Will Sing” and the trustee of ILP, another copyright claimant in this case. OCP allegedly acquires music licenses and sells and distributes music throughout the United States. Farrell, a citizen of the United Kingdom, also allegedly sells and distributes music throughout the United States.

Ambrosetti claims the musical work “Emmanuel” is a part of the “I Will Sing” songbook and that he applied for copyright registration for the individual work “Emmanuel” on August 12, 2019, which is still pending. “Emmanuel” was allegedly first published in 1980 in a song book entitled “Singing Holy”. The song was recorded five years later with the National Philharmonic Orchestra of London and performed at multiple national conventions.

Continue reading

By

Indianapolis, Indiana –Plaintiff and Attorney Richard N. Bell of McCordsville, Indiana filed suit in theBell-v-Powell-BlogPhoto-300x63 Southern District of Indiana alleging that Defendants, David N. Powell and Midwest Regional Network for Intervention with Sex Offenders (“MRNISO”), infringed his rights in his copywritten photograph. In this case, the Court was faced with cross-motions for summary judgment, which it ruled in favor of the Defendants. After being granted summary judgment, the Defendants filed their separate Motions for Attorney Fees and Bill of Costs. While Powell’s motion was denied as moot, MRNISO’s motion was granted.

Bell, in his motion for summary judgment asserted that he was owed for damages caused by the Defendants for their unauthorized use of his photograph. However, Powell asserted Eleventh Amendment immunity against Bell’s claims and MRNISO claimed it was protected by the fair use doctrine. The Court agreed with both Powell and MRNISO and granted them summary judgment.

Following the final entry of judgment against Bell, Powell and MRNISO each filed a separate motion for attorney fees. According to the Court, Bell filed a “Report of Settlement Between Powell and Bell” and requested all deadlines for Powell’s motion be stayed. Powell did not file a response to the Report of Settlement and thus the dates were vacated by the Court. Powell’s motion was denied by the Court without prejudice leaving Powell the opportunity to refile his motion if the settlement was not able to be finalized.

Continue reading

By

Indianapolis, Indiana – Attorneys for Plaintiffs, AWGI, LLC and Atlas Van Lines, Inc. (“Atlas”) both of AWGI-BlogPhotoEvansville, Indiana, filed suit in the Southern District of Indiana alleging that Defendant, American Wide Relocation Inc. d/b/a Atlas Moving and Storage (“American”) of North Palm Beach, Florida, infringed their rights in United States Registration Nos. 3,718,117 for the mark “ATLAS”, and 1,591,344 for the mark “ATLAS—THE AGENTS’ VAN LINES” (the “Registered Marks”). Plaintiffs are seeking damages, statutory and treble damages, punitive damages, attorneys’ fees and any other relief the court deems proper.

According to the Complaint, Atlas has provided transportation and storage of goods to the public since at least 1948. Atlas and non-party, Atlas Investment Company, Inc., allegedly assigned all of their rights in the Registered Marks to AWGI on November 9, 2009. Atlas claims it has maintained a license to the Registered Marks since the assignment and that the Registered Marks have developed substantial goodwill as a result of the high quality of services it provides and the extensive amount of promotion it has put forth using the Registered Marks.

AWGI claims it sent a cease and desist letter to American on May 13, 2019 after discovering the alleged infringement of the Registered Marks on American’s website, which American uses to promote its moving and storage services. Richard Falcone, whom Plaintiffs believe is the owner of American, contacted Plaintiffs’ attorney on May 15, 2019 and claimed he could use the term “Atlas” because “it can be found in the dictionary”. Plaintiffs claim American’s services are inferior to their own and that American is employing deceptive practices such as using nearly identical Testimonials on its website as those found on other sites for different moving services. Due to their belief that American’s use of the Registered Marks is likely to cause confusion for consumers, Plaintiffs are seeking damages for trademark infringement under 15 U.S.C. § 1125(a)(1) and common law unfair competition.

Continue reading

By

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 208 patent registrations to persons and businesses in Indiana in August 2019, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D0857854 Faucet handle
2 D0857850 Faucet
3 D0857849 Faucet
4 D0857848 Faucet
5 D0857847 Faucet

Continue reading

By

The U.S. Trademark Office issued the following 203 trademark registrations to persons and businesses in Indiana in August 2019 based on applications filed by Indiana trademark attorneys:

Registration No.  Word Mark
5847413 HATFIELD
5845679 REIMAGINING THE DELIVERY OF CARE
5845429 AL’S
5845179 WE DO HISTORY.
5845177 CASHVILLAN

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