Indiana Intellectual Property Law News

May 4, 2018

Indiana Trademark Litigation: Indiana-Based Simon Property Sued Over Leggings Trademarks

Indianapolis, Indiana – Attorneys for Plaintiff, Muscle Flex, Inc. of Los Angeles, California filed suit in the Southern District of Indiana alleging that Defendants, Simon Property Group, L.P, and Simon Property Group, Inc., both Delaware corporations; Matt Murat Dagli, an individual who resides in Texas and owner of New Purple LLC, a Texas limited liability company, infringed its rights in United States Trademark Registration No. 4,188,135 for “WORLD OF LEGGINGS.” Plaintiff is seeking damages, judgment of infringement, an injunction on the Defendant’s use of the trademark, and recall and destruction of all infringing items.

Plaintiff is a California-based corporation that operates retail stores that specialize in women’s leggings and clothes. These items are marketed under the name “World of Leggings.” According to the complaint, the Plaintiff has invested considerable time and money into developing the World of Leggings brand.

May 3, 2018

Indiana Patent Litigation: Texas Home Goods Store Sues Menards Over Cutting Board Patent

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Dexas International, LTD., of Coppel, Texas filed suit in the Southern District of Indiana alleging that Defendant, Menard, Inc., of Eau Claire, Wisconsin infringed its rights in United States Patent No. D563,739 (“the ‘739 Patent”) for “Cutting Board With Snap-In Pop Strainer”. Plaintiff is seeking an injunction, lost profits, pre-judgment and post-judgment interest, attorneys’ fees, and destruction of infringing items.

Plaintiff is a Texas-based corporation specializing in manufacturing kitchen gadgets and pet care items. Defendant is a Wisconsin-based corporation that owns and operates large-scale hardware and home improvement stores across the country.

May 2, 2018

Patent Office Issues 156 Patents To Indiana Citizens in April 2018

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 156 patent registrations to persons and businesses in Indiana in April 2018, based on applications filed by Indiana patent attorneys:

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.

	Patent No.	Title
1	9954992	Mobile device enabled robotic system
2	9954085	Group III-Nitride compound heterojunction tunnel field-effect transistors and methods for making the same
3	9952557	System for producing ultra-thin color phase hologram with metasurfaces
4	9952331	Detection of neutrinos, antineutrinos, and neutrino-like particles
5	9952244	Device and method for handling racks of disposable pipette tips in a laboratory automation system and laboratory automation system

May 1, 2018

187 Trademark Registrations Issued to Indiana Companies in April 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
5455306	ELUXURY	TSDR
5455496	SECURSPACE	TSDR
5453642	FLETCHER	TSDR
5455467	SURROGATE MOTHERS, INC.	TSDR
5453490	TRU-PEEP	TSDR
5455279	TELLURIDE	TSDR

April 30, 2018

Indiana Trademark Litigation: Indiana ATV Manufacturer ASW, LLC Sues Canada Company Over Trademarks

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Attorneys for Plaintiff, ASW, LLC of Columbia City, Indiana filed suit in the Northern District of Indiana alleging that Defendant, Frederick Bisson, of Edmonton, Alberta, Canada infringed its rights in United States Trademark Registration Numbers 3,556,429 for “American SportWorks”, and 5,138,550 for “American LandMaster”. Plaintiff is seeking damages, attorneys’ fees, costs and disbursements, pre-judgment and post-judgment interest, and all other relief just and proper.

Plaintiff is an Indiana-based manufacturer of recreational off-road vehicles, ATVs, UTVs, and go-karts. According to the complaint, Defendant is a Canadian citizen and the owner of the website www.americansportworksparts.com.

April 16, 2018

Indiana Copyright Litigation: Nebraska Home Designer Sues Indiana Home Builder Over House Designs

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Design Basics, LLC, Inc. of Omaha, Nebraska filed suit in the Northern District of Indiana alleging that Defendant, Miller Brothers Builders, Inc., of Goshen, Indiana infringed their copyrights. Plaintiff is seeking judgment, actual damages, temporary and permanent injunctions, and attorneys’ fees and costs.

Plaintiff is a Nebraska-based architectural firm that focuses on designing and licensing designs of residential homes. Defendant is an Indiana-based homebuilder. According to the complaint, Plaintiff owns copyrights protecting various architectural designs that it has created. One of the Plaintiff’s copyrighted designs is the subject of this litigation, specifically, a design titled “Waverly.”

April 13, 2018

Indiana Cable/Satellite TV Litigation: Pennsylvania Corp. Sues Indiana Establishment Over UFC Broadcast

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Joe Hand Promotions, Inc., of Feasterville, Pennsylvania filed suit in the Southern District of Indiana alleging that Defendants, The Anchor Lounge, LLC, d/b/a The Anchor Lounge, of Muncie, Indiana, and Randy Phillips, an individual residing in Delaware County, Indiana, infringed its rights in the “Ultimate Fighting Championship® 207: Nunes v. Rousey” (“the Program”). Plaintiff is seeking statutory damages, attorney’s fees, interest, and cost of suit.

April 12, 2018

Indiana Cable/Satellite TV Litigation: Pennsylvania Corp Sues Indiana Restaurant Over Pirated UFC Broadcasts

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Joe Hand Promotions, Inc., of Feasterville, Pennsylvania filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings, Inc. d/b/a Matey’s Restaurant & Bar, of Michigan City, Indiana, Bryan Konieczny, and Mark Kehoskie, both individuals residing in Indiana, infringed its rights in the “UFC 202: Diaz v. McGregor 2”, “UFC 203: Miocic v. Overeem”, “UFC 205: Alvarez v. McGregor”, “UFC 207: Nunes v. Rousey”, “UFC 208: Holm v. de Randamie”, and UFC 210: Cormier v. Johnson 2” (“the Programs”). Plaintiff is seeking statutory damages, attorney’s fees, interest, and costs.

April 6, 2018

Indiana Trademark Litigation: Arizona Bathroom Company Sues Indiana Franchisee

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Re-Bath, LLC, of Phoenix, Arizona originally filed suit in the Marion Superior Court alleging that Defendants, Alternative Construction Concepts, LTD. d/b/a Re-Bath Designs of Indianapolis, of Indianapolis, Indiana, Steven O’Reilley of Indianapolis, Indiana, and Deborah O’Reilley of Indianapolis, Indiana of infringing trademark rights. Plaintiff is seeking a temporary restraining order, preliminary and permanent injunction and all other just and proper relief.

Defendant is a franchisee of Plaintiff’s Phoenix-based business. As part of the franchise agreement, Plaintiff allowed Defendant to use its trademarks, goodwill, concepts, operating systems, confidential information, method of operation and technical expertise and know-how to operate a bathroom remodeling business.

April 5, 2018

Indiana Patent Litigation: Texas Pharmaceutical Company Sues Indiana-Based Roche

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Blue Sky Networks, LLC of Plano, Texas filed suit in the Southern District of Indiana alleging that Defendant, Roche Diabetes Care, Inc., of Indianapolis, Indiana infringed its rights in United States Patent Nos. 6,484,027, (“the ‘027 Patent”), 6,865,372, (“the ‘372 Patent”), 8,265,691, (“the ‘691 Patent”), 8,346,169, (“the ‘169 Patent”), and 8,792,828 (“the ‘828 Patent”). Plaintiff is seeking judgment, damages, and attorneys’ fees.

According to the complaint, “The Asserted Patents are directed to wireless mobile devices, such as handsets, peripherals, and computing devices, that operate via wireless short-range direct communication with other wireless devices. Such devices may also be enabled for simultaneous operation on a wireless network…and wireless short-range direct communication with other wireless devices.”