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.

Indianapolis, IndianaFullBeauty 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

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.

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.

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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Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.

DellaTerraTrailor-300x282The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.

Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement. Despite these warnings, inTech persisted, leading to the initiation of legal proceedings.

Lafayette, Indiana – Plaintiff Aaron Rigsby, a professional videographer, has brought suit against Defendant John W. Darnell, Inc. d/b/a All Seasons Roofing for alleged copyright infringement under the Copyright Act, 17 U.S.C §101 et seq.

Screenshot-2024-03-25-090741-1024x453According to the complaint, Aaron Rigsby recorded and produced a video capturing the aftermath of a tornado in Sullivan, Indiana. Rigsby then secured copyright registrations for his work, establishing his exclusive rights to its use and distribution.

Rigsby now alleges that All Seasons Roofing, operating under the account “@All Seasons Roofing and Restoration” on Facebook, unlawfully copied and displayed his video on their platform without obtaining the necessary permissions or licenses. This unauthorized use, as Rigsby contends, constitutes a violation of his exclusive rights as a copyright holder under 17 U.S.C. §106.

pic-300x171In Cyprus, Texas, Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

According to court documents, Valcrum has developed a reputation for innovative hubcaps designed for 8,000-16,000-pound trailer axles. These hubcaps are identified by their distinct features, including a “signature red hex bezel with a hexagonal outer perimeter and an inner diameter.” Valcrum claims to have begun establishing trademark and trade dress rights for this design as early as late 2018.

The dispute arises from Valcrum’s allegation that Dexter, a manufacturer and distributor of axle and trailer accessories, has copied Valcrum’s hubcap design, including the distinctive red hex bezel, to market its own product called the “Fortress” hubcap. Additionally, Valcrum contends that Dexter breached a Mutual Nondisclosure Agreement (NDA) by allegedly using confidential information, such as Valcrum’s customer list, to its advantage.

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