Indiana Intellectual Property Law News

March 19, 2018

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

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.

February 13, 2018

Indiana Copyright Litigation: BMI Music Sues Michigan City Restaurant Over Song Copyrights

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Attorneys for Plaintiffs, Broadcast Music, Inc., of New York, New York, EMI Consortium Songs Inc. d/b/a/ EMI Longitude Music Co., EMI Blackwood Music, Inc., Universal Music-Z Tunes LLC d/b/a/ Universal Music Z Songs, Warner-Tamerlane Publishing Corporation., Lion Aire Publishing, Young Money Publishing, Inc., Collipark Music, Soar Loser Music, DA Crippler Publishing, E W C Publishing Co. filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings Inc. d/b/a/ Matey’s a/k/a Matey’s Restaurant and Bar, of Michigan City, IN Bryan Konieczny, of Plainfield, IL, and Mark Kehoskie, of Downers Grove, IL infringed its rights in the following musical compositions:

Musical Composition	Registration and Date of Registration
Boogie Shoes	Eu 606202, PA 10-277, August 18, 1975, March 27, 1978
Song 2	PA 781-334, PA 906-749, July 3, 1997, August 6, 1998
Ignition	PA 1-130-236, February 4, 2003
Let It Rock	PA 1-624-274, February 18, 2009
Ms. New Booty	PA 1-163-734, March 2, 2006

February 9, 2018

234 Trademark Registrations Issued to Indiana Companies in January 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
5378746	RAPIDDOC	TSDR
5383293	EC CHANTAL	TSDR
5391982	MIGHTY HAND	TSDR
5393170	LAKOTA SUMMER INSTITUTE	TSDR
5391197	TURBOLOCK	TSDR