Indiana Intellectual Property Law News

May 25, 2018

Indiana Jury Awards just $3,228 for Trademark Infringement

Indianapolis, Indiana – Attorneys for Plaintiff, Barrington Music Products, Inc. of Niles, Michigan filed suit in the Northern District of Indiana alleging that Defendants, Music & Arts Centers of Bel Air, Maryland, Guitar Center Stores, Inc. of Westlake Village, and Eastman Music Company of Pomona, California infringed the rights in Trademark Registration Numbers 3,831,402 and 3,831,403. Plaintiff sought actual damages, punitive damages, attorney’s fees and costs, prejudgment interest, and any other relief.

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Plaintiff is an Indiana corporation that sells musical instruments across the country and world. Defendants are various musical instrument shops that sell similar types of items to those that Plaintiff sells. Continue reading

May 22, 2018

Indiana Copyright Litigation: Indiana Sculptor Sues City of Seymour Over Mishandling of Sculpture

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Terry Champ of Jackson County, Indiana filed suit in the Southern District of Indiana alleging that Defendant, The City of Seymour of Jackson County, Indiana infringed a work of visual art under the Visual Artists Rights Act (“VARA”). Plaintiff is seeking judgment in the amount of $150.000, attorney’s fees, and other relief the Court deems appropriate.

In 2010, Plaintiff completed a 9-foot tall sculpture named Trinity, meant to symbolize the Holy Trinity in Christianity. The sculpture contains steel beams and a combination of gold and silver paint. The sculpture was sponsored by the city of Seymour, as part of an initiative to enhance various spots around town with artwork.

Trinity was loaned to the city and then displayed at an intersection in town, until a member of the Department of Public Works requested it be removed. The sculpture was removed and stored in a garage, where Plaintiff eventually found it laying on its side in the gravel. According to the complaint, the sculpture was damaged all over with scratches and gouges in the steel and bent parts.

May 10, 2018

Indiana Copyright Litigation: Bell Sues Another, Targeting Credit Score Company

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Improve My Credit Fitness LLC infringed its rights to the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Plaintiff is seeking statutory damages, attorneys’ fees, and any other relief as is just and proper.

Bell is notorious for suing over his copyrighted photo, having filed dozens of previous lawsuits against a variety of defendants across the country. In March 2000, Bell took a photo of the Indianapolis skyline, and has published it or licensed it for publication since that time. He registered the copyright for the photo in 2011. According to the complaint, Bell uses the photo to promote his photography business.

May 9, 2018

Indiana Copyright Litigation: Richard Bell Sues Real Estate Business Owner Over Indianapolis Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, David Brenton infringed its rights to the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Plaintiff is seeking actual and statutory damages, attorneys’ fees, and any other relief as is just and proper.

Bell is notorious for suing over his copyrighted photo, having filed dozens of previous lawsuits against a variety of defendants across the country. In March 2000, Bell took a photo of the Indianapolis skyline, and has published it or licensed it for publication since that time. He registered the copyright for the photo in 2011.

May 8, 2018

Indiana Copyright Litigation: Bell Sues Website Developer Over Indianapolis Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Leapgo, Inc. infringed its rights to the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Plaintiff is seeking actual and statutory damages, attorneys’ fees, and any other relief as is just and proper.

Bell is notorious for suing over his copyrighted photo, having filed dozens of previous lawsuits against a variety of defendants across the country. In March 2000, Bell took a photo of the Indianapolis skyline, and has published it or licensed it for publication since that time. He registered the copyright for the photo in 2011. Additionally, Plaintiff uses the photo to promote his photography business.

May 4, 2018

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

By Overhauser Law Offices, LLC

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.