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Eli Lilly and Company has reached a settlement with Totality Medispa, a South Carolina-based medical spa, after filing lawsuits in late 2023. The agreement requires Totality Medispa to pay a monetary amount and stop misleading consumers about selling Lilly’s popular, FDA-approved, diabetes and weight-loss treatments, tirzepatide, Mounjaro® or Zepbound®.

Pic-300x92Eli Lilly is the only authorized supplier of FDA-approved tirzepatide medicines in the U.S. and does not provide tirzepatide’s active pharmaceutical ingredient (API) to any compounding pharmacies. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.

Because Eli Lilly places patient safety at the forefront, the company has been alarmed by the dangers of Totality Medispa’s products being falsely marketed as FDA-approved tirzepatide, Mounjaro®, or Zepbound®. These counterfeit products have not been reviewed by the FDA or any global regulatory bodies, posing serious health risks to patients.

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The U.S. Patent Office issued the following 243 patents to persons and businesses in Indiana in March 2024:

Patent Number                                      Title
US 11943517 B2 Method and apparatus for remotely tuning channels using DLNA DMS service
US 11938065 B2 Table top to bracket coupling apparatus for spine surgery table
US 11938997 B1 Vehicle having electric drive and operator platform
US 11937998 B2 Hearing protection device and method of forming same
US 11940980 B2 Methods and systems for predictive clinical planning and design
US 11937564 B2 Plant growing apparatus and method
US 11939291 B2 GRP94 selective inhibitors and uses thereof

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Plaintiff, G & G Closed Circuit Events, LLC, a California-based company, has filed a lawsuit against Defendant, Pilot Pursuit LLP, along with Lynn A. Pittman, identified as its General Partner,Picture-300x169 operating the Recovery Room Lounge in Indianapolis, Indiana. The lawsuit centers on allegations of unauthorized interception, receipt, and broadcast of a televised sporting event known as the Gervonta Davis v. Ryan Garcia Championship Fight Program, which G & G Closed Circuit events, LLC holds exclusive nationwide commercial distribution rights to.

The suit alleges that Lynn A. Pittman, with her roles within Pilot Pursuit LLP and Recovery Room Lounge, had the authority and responsibility to supervise the establishment’s activities, including ensuring lawful operations. Despite this, the Plaintiff claims that Pittman either directed or permitted the interception and broadcast of the Program, leading to increased profits for the Lounge.

The defendants are accused of violating both Title 47 U.S.C. Section 605 and Title 47 U.S.C. Section 553, which prohibit the unauthorized interception, receipt, and publication of communications, including television broadcasts. These statutes aim to protect the exclusive rights of content distributors and prevent unauthorized commercial use.

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The U.S. Trademark Office issued the following  258 trademark registrations to persons and businesses in Indiana in April 2024 based on applications filed by Indiana trademark attorneys:

Registration Number                              Wordmark
7361261 BCU MORTGAGE SERVICES M POWERING BANKS AND CREDIT UNIONS
7361262 BCU MORTGAGE SERVICES
7360700 OPENINSIGHTS
7370103 INDIANAMAP
7362517 AMPLIFY
7357362 POWERCARE
7363555 RAILFANDEPOT

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Screenshot-2024-04-25-131414-300x170A legal dispute has arisen between Plaintiff August Image, LLC, a New York-based company representing over 100 contemporary photographers globally, and Indy Founders LLC, operating as Powderkeg, an Indiana-based digital community serving startups and professionals. The lawsuit alleges copyright infringement regarding a professional photograph taken by renowned photographer Peter Yang.

August Image, LLC, headquartered in New York City, specializes in representing creative photographers worldwide. Its collection encompasses various genres which are available for licensing, and the company is known for its commitment to customer satisfaction and meticulous acquisition of image rights.

Powderkeg, based in Indianapolis, Indiana, supports startups and professionals across the United States through its digital community. It provides resources and networking opportunities for over 10,000 active members nationwide.

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Indianapolis, Indiana – FullBeauty Brands Inc. has been accused of trademark infringement in a lawsuit filed by Pennsylvania-based Global Trademarks Inc. The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors.

Global Trademarks, operating under the umbrella of Swim USA, claims ownership of swimwear designs and brands like MIRACLESUIT® and SWIM SOLUTIONS ®. Swim USA asserts that it has diligently pursued protection for its intellectual property through design patents and trademark registrations.

Swim USA’s lawsuit alleges that FullBeauty Brands engaged in unauthorized, commercial activities which include the manufacture, distribution, and sale of swimwear that infringes upon Global Trademark’s intellectual property rights.  Specifically, the defendants are accused of replicating patented swimsuit designs and unlawfully using the SWIM SOLUTIONS® trademark.blog-photo-300x246

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Scott-J-FrankelScott J. Frankel has been selected as the new United States Magistrate Judge for the South Bend Division of the United States District Court for the Northern District of Indiana, succeeding the retiring Honorable Michael G. Gotsch, Sr. Frankel was chosen from among 30 applicants after a rigorous selection process that involved a panel of lawyers and non-lawyers recommending five finalists, from which the court’s bench ultimately selected Frankel.

Frankel brings with him extensive litigation experience in both criminal and civil matters, having served as a staff attorney with the Northern District of Indiana’s Federal Community Defenders office since 2018. His career includes law clerking, public defense work, and private sector practice. Chief Judge Holly A. Brady praised Frankel’s qualifications, emphasizing his litigation experience, calm demeanor, and compassion for clients.

As a magistrate judge, Frankel’s duties will encompass a broad range of responsibilities, including conducting preliminary proceedings in criminal cases, hearing pretrial matters, ruling on motions, holding trials for misdemeanor and civil cases, conducting settlement conferences, and other duties outlined in 28 U.S.C. § 636. Frankel’s appointment is subject to completion of required IRS and FBI background investigations.

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fwp-logo-w-tag-line-300x58Fort Wayne, Indiana – Plaintiff Optical Tactics, LLC, operating as Fort Wayne Printing Company, has filed a trademark infringement complaint under the Lanham Act, 15 U.S.C. §§ 1051, et seq., against Allen & Goel Marketing Company. The complaint alleges that Allen & Goel Marketing Company has infringed upon Fort Wayne Printing Company’s rights to the mark “FORT WAYNE.”

According to court documents, Fort Wayne Printing Company, established in 1902, has built a strong reputation and extensive goodwill associated with its “FORT WAYNE” mark in the printing services market in northeast Indiana. It has invested resources in promoting its services under this mark, making it distinctive and valuable. Fort Wayne Printing Company asserts that Allen & Goel Marketing Company, based in Pennsylvania, operates a website offering printing services targeted at northeast Indiana consumers and uses the “FORT WAYNE” mark without disclosing its location or lack of physical presence in Fort Wayne, Indiana. This association with the established mark owned by Fort Wayne Printing Company is seen by the Plaintiffs as misleading and infringing on their exclusive rights to use the mark in the region. The complaint argues that Allen & Goel Marketing Company’s actions are violating Fort Wayne Printing Company’s rights and diluting the meaning of the “FORT WAYNE” mark in the local printing market.

Fort Wayne Publishing Company is seeking permanent injunctive relief, monetary damages, disgorgement of profits, and any other relief the Court deems just and proper.

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The U.S. Patent Office issued the following 251 patents to persons and businesses in Indiana in February 2024:

Patent Number                                    Patent Title
US 11911276 B2 Rotatable collar for a prosthesis
US 11911270 B2 Stent structures for use with valve replacements
US 11913924 B2 Ion generation using modified wetted porous materials
US 11911295 B2 Orthopaedic surgical saw assembly for removing an implanted glenoid component and method of using the same
US 11911487 B2 Hydrodynamic methods for delivering fluids to kidney tissues and related materials and methods
US 11913898 B2 System error compensation of analyte concentration determinations based on pseudo-reference concentration and signal-based anchor parameters

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The U.S. Trademark Office issued the following 163 trademark registrations to persons and businesses in Indiana in March 2024 based on applications filed by Indiana trademark attorneys:

Registration Number                                     Wordmark
7325304 ITC INDIANA TICKET COMPANY DESIGN QUALITY SECURITY
7319505 INDIANA TICKET COMPANY
7336322 GRAY BROTHERS CAFETERIA
7319504 INDIANA TICKET CO.
7333601 NEURO SUPPORT PLUS
7335961 ADVOCATE. EDUCATE. PROTECT.

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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

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