Indiana Intellectual Property Law News

March 26, 2018

Indiana Copyright Litigation: Bell Takes Aim at Indiana-Based Bank in Latest Lawsuit

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Merchants Bank of Indiana, infringed its rights in the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:

According to the complaint, the Defendant used the copyrighted photo on its business website without authorization. Plaintiff states that in November 2017, he found the unauthorized use of the photo through a Google image search.

Plaintiff claims that the Defendant recklessly claimed ownership of the photo by claiming copyrights to all photos appearing on its website.

Plaintiff has formally alleged copyright infringement and violations of the Lanham Act.

March 21, 2018

Italian-Based Luxury Eyewear Manufacturer Files Suit Against Indiana Businesses Alleging Infringement of Rayban Trademark

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Luxottica Group S.p.A of Mason, Ohio and Oakley, Inc., of Foothill Ranch, California filed suit in the Southern District of Indiana alleging that Defendants, Avni Petroleum, Inc. d/b/a Delaware BP of Osgood, Indiana, Pari, Inc. d/b/a Batesville Food Mart of Batesville, Indiana, Rani Petroleum, Inc. d/b/a Batesville Shell, and Sai Petroleum Inc. d/b/a New Point Food Mart of New Point, Indiana infringed its rights in United States Trademark Registration Nos. 650,499, 1,093,658, 1,726,955, 1,080,886, 1,490,305, 2,718,485, 1,320,460, and 3,522,603 all with the Owner of Luxottica Group S.p.A. Oakley, Inc., is the owner of Trademark Registration Nos. 1,521,599, 1,984,501, 1,990,262, 3,331,124, and 3,365,728. Plaintiff is seeking injunctive relief, judgment including statutory damages and attorneys’ fees.

Luxottica is an Italian-based corporation that manufacturers and sells luxury eyewear under the “Ray-Ban” trademark. Oakley is a subsidiary of Luxottica that also produces high-end eyewear under the “Oakley” name.

March 19, 2018

Ninth Circuit Court of Appeals Upholds Dismissal of Claims against Subaru of America

By Overhauser Law Offices, LLC

Marilyn D. Mintz of Northern California, had filed a Trademark infringement lawsuit in the U.S. District Court, Northern District of California alleging that Subaru of America, Inc., a New Jersey Corporation with place of Business in the State of New Jersey, infringed a phrase and design trademarked by Plaintiff.

Defendant Subaru, which has a large manufacturing presence in Lafayette, Indiana, ran an ad campaign with the slogan “Share the Love.” Plaintiff alleged that this infringed her trademarked phrase, “A World of Love, for You and Those You Love.” In the ad campaign, Plaintiff also used a graphic design showing a hand with a heart on it. Plaintiff alleged that this infringed a similar design she trademarked.

March 12, 2018

Southern District of Indiana Grants Defendant’s Motion for Judgment Against Richard Bell

By Overhauser Law Offices, LLC

Richard N. Bell of McCordsville, Indiana, had filed a Copyright infringement lawsuit in the Southern District of Indiana alleging that Jay L. Hess, an individual, of Bloomington, Indiana, infringed the “Indianapolis Photo” taken by Plaintiff.

Bell has become well-known for constantly filing copyright infringement claims regarding a photo of the Indianapolis skyline that he took in 2000. See the following:

March 7, 2018

Patent Office Issues 180 Patents To Indiana Citizens in February 2018

By Overhauser Law Offices, LLC

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 180 patent registrations to persons and businesses in Indiana in February 2018, based on applications filed by Indiana patent attorneys:

	Patent No.	Title
1	PP028990	Grandiflora rose plant named `WEKmeroro`
2	D0811625	Trim module
3	D0811624	Trim module
4	D0811556	Faucet spout
5	D0811555	Faucet

March 6, 2018

Ninth Circuit Court of Appeals Grants Defendant, Nike, Inc.’s Motion to Dismiss

By Overhauser Law Offices, LLC

Jacobus Rentmeester of Westhampton Beach, New York, had filed a Copyright infringement lawsuit in the U.S. District Court, District of Oregon alleging that Nike, Inc., an Oregon Corporation with place of Business in Beaverton, Oregon infringed a photograph taken by Plaintiff.

The photograph at issue in this case was the iconic photo of Michael Jordan upon which the “Air Jordan” brand logo is based. In the photo, taken by Nike shortly after Jordan was drafted by the Chicago Bulls, Jordan is seen mid-air, reaching towards a basketball hoop with the ball in his left hand and his legs spread. In the background of the photo is the silhouette of the Chicago skyline, with the dusk sky above it. The photo formed the basis for the famous Jordan Brand logo, which is a white silhouette of Jordan’s shape in the photo against a black background.

March 5, 2018

204 Trademark Registrations Issued to Indiana Companies in February 2018

By Overhauser Law Offices, LLC

Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.

Registration No.	Word Mark	Click To View
5405935	ROTO-ROOTER PLUMBING, DRAINS & WATER CLEANUP	TSDR
5405934	ROTO-ROOTER PLUMBING, DRAINS & WATER CLEANUP	TSDR
5411824	RV ROD VAULT	TSDR
5405053	MARSTONE	TSDR
5413025	ROYAL EAGLE	TSDR
5414926	PRODUCT COACH	TSDR
5414917	SWEET HIPS	TSDR
5414908	PRO TOURNAMENT SCALES	TSDR

February 28, 2018

Indiana Trademark Litigation: Klipsch Sues Audiosurplus on Basis of Trademark Infringment

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Klipsch Group, Inc. of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Audiosurplus, infringed its rights in United States Trademark Nos. 978,949, 2,917,215, and 3,863,511. Plaintiff is seeking judgment, Audiosurplus’s profits and damages, and attorneys’ fees and costs.

Plaintiff is an Indiana-based audio equipment company that manufactures high-end speakers, headphones, subwoofers, and a variety of other items audio items. Defendant is an online retailer that sells audio equipment on Amazon. The three trademarks involved in this case are for the “KLIPSCH” brand name. Plaintiff sells its products across the country through contractually authorized retailers. Plaintiff is suing because Defendant is not an authorized Klipsch retailer, but has allegedly been selling Klipsch products through its online store without permission.

February 26, 2018

Indiana Patent Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Thrush Co., Inc. of Peru, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Wessels Company of Greenwood, Indiana infringed its rights in United States Patent No. 8,177,975 (“the ‘975 Patent”) for “Apparatus for Removing Air and/or Debris from a Flow of Liquid”. Plaintiff is seeking judgment, ascertainable damages, reasonable attorneys’ fees, and injunctive relief.

Plaintiff is an Indiana corporation that owns the rights to the ‘975 Patent. The patent describes a device that filters air and debris out of liquid flowing through a pipe. Plaintiff sells the device throughout the country and Indiana.

February 23, 2018

Indiana Copyright Litigation: Carmel Photographer Sues Over Unauthorized Use of Photos

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Zach Dobson Photography, LLC of Carmel, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Three-Sixty Group, Inc, National Federation of State High School Associations, and National Interscholastic Athletic Administrators Association, all three of Indianapolis, Indiana infringed its rights in United States Copyright Registration No. VA 1-979-164, and United States Copyright Application Nos. 1-6209751731 and 1-6275260181. Plaintiff is seeking statutory damages, general and special damages, attorney’s fees, and injunctive relief.

Plaintiff is a Carmel, Indiana photography company that provides commercial photography for businesses and individuals. Defendant Three-Sixty is an Indianapolis-based advertising agency. The remaining two defendants are governing bodies that promulgate rules and organize competitions for high school sports. The photos that are the subject of the suit are either copyrighted by Plaintiff, or in the application process for copyright protection.