Indiana Intellectual Property Law News

February 5, 2018

Patent Office Issues 171 Patents To Indiana Citizens in January 2018

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

	Patent No.	Title
1	9882513	Synchronizing motors for an electric propulsion system
2	9881792	Processes for shaping nanomaterials
3	9881455	Fueling game devices, systems, and methods
4	9879862	Gas turbine engine afterburner
5	9879861	Gas turbine engine with improved combustion liner

February 1, 2018

Indiana Copyright Litigation: Pearson Education Sues Indiana Company Over Infringement of Copyrighted Educational Materials

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Pearson Education, Inc. of New York, New York filed suit in the Southern District of Indiana alleging that Defendant, Christopher Deiter d/b/a www.easynotecards.com of Indianapolis, Indiana infringed its rights of Copyright in the United States Copyright Office of Pearson Education, Inc.’s Copyright Registration No. TX0008183299. Plaintiff is seeking relief under Title 17, Title 28, pre-judgment and post-judgment interest, statutory damages and attorneys’ fees.

Plaintiff Pearson produces and distributes educational materials to schools around the world. They publish textbooks, assessments, test banks, and a wide variety of other learning tools for teachers and students.

Defendant owns the company at www.easynotecards.com. The website offers users the ability, at no cost, to create online flash cards that correspond to specific chapters and sections in educational materials. Users who have access to various educational materials will post flash cards replicating the materials on the website.

January 30, 2018

Indiana Copyright Litigation: Big Baby’s Bar & Grill Accused of Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiffs, Broadcast Music Inc., a Delaware Corporation; MJ Publishing Trust d/b/a Mijac Music; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, a limited liability company; Songs of Universal, Inc., a Universal – Songs of Polygram International, Inc.; Welsh Witch Music; Velvet Apple Music; Combine Music Corp.; Elijah Blue Music, A Division of Lighthouse, Inc.; Unichappell Music, Inc.; BMG Rights Management US LLC d/b/a Music of Everpop,; Thirty Two Mile Music, Zombies Ate My Publishing; Forthefallen Publishing; Reservoir Media Management Inc., d/b/a Reservoir 416 a/k/a Reservoir One Americ;, E.O. Smith Music; Sony/ATV Songs LLC; R and R Nomad Publishing Company, A Division of R & R Nomad Publishing Co., LLC; and 4U2ASKY Entertainment, Inc., of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Roses Pub, Inc. d/b/a Big Baby’s Bar & Grill, of Anderson, Indiana, Brian Hutchison and Lisa Hutchison, also of Anderson, Indiana, infringed its copyright rights in the following:

Musical Composition	Registration and Date of Registration
Beat It	Pau 456-334, PA 158-771, November 12, 2016
Crazy	RE 422-869, Ep 156698, November 12, 2016
Bad to the Bone	PA 215-394, November 11, 2016
Gold Dust Woman	PA 148-803, PA 161-950, November 12, 2016
Gypsy	PA 148-803, PA 161-950, November 12, 2016
I Will Always Love You	Ep 314105, November 11, 2016
Me and Bobby McGee	Ep 260746, November 12, 2016
Midnight Rider	Eu 215520, Ep 329147, November 11, 2016
Semi Charmed Life	PA 797-856, PA 913-999, November 11, 2016
Lonely Road of Faith	PAu 2-635-077, November 11, 2016
My Immortal	PA 1-152-551, November 11, 2016
Undone a/k/a Undone – The Sweater Song	PA 787-866, November 11, 2016
Aint’ No Rest For The Wicked	PA 1-608-399, November 11, 2016

Plaintiffs are seeking a permanent injunction, statutory damages, and reasonable attorney’s fees.

Plaintiff BMI is one of the world’s largest music publishing companies, and have rights to license over 13 million copyrighted musical compositions, according to the complaint. The other plaintiffs are the owners of the copyrighted songs that are the subject of the suit.

Defendant Roses Pub is a corporation that runs Big Baby’s Bar & Grill in Anderson, Indiana. According to the complaint, the defendants perform live musical compositions, or cause them to be performed, at the restaurant. Plaintiff alleges that they have reached out to the Defendant over 70 times to inform Defendant of its obligations under the Copyright Act regarding the necessity of having a valid license to perform the copyrighted musical compositions.

The Plaintiff has previously sued other Indiana establishments regarding similar facts and similar allegations, including this past November when the corporation sued Hoosier Daddy’s Bar & Grill in Newcastle, Indiana.

Plaintiff alleges 13 different claims of willful copyright infringement based on Defendants’ public performances of the copyrighted songs.

The case was assigned to District Judge Richard L. Young and Magistrate Judge Tim A. Baker in the Southern District and assigned Case 1:18-cv-00183-RLY-TAB.

Complaint

January 29, 2018

The Southern District of Indiana Grants NCAA’s Motion for Default Judgment and Motion for Permanent Injunction

By Overhauser Law Offices, LLC

Indianapolis, IN – The National Collegiate Athletic Association had filed a Trademark infringement lawsuit in the Southern District of Indiana alleging that Kizzang LLC, infringed trademarks registered by the NCAA.

A recent Order signed by Judge Jane Magnus-Stinson grants the National Collegiate Athletic Association’s Motion for Default Judgment and Motion for Permanent Injunction against Defendant, Kizzang LLC.

The NCAA sued over Defendant’s use of the terms “Final 3” and “April Madness,” which Plaintiff alleges infringe on the trademarked phrases “Final Four” and “March Madness,” which are commonly used to refer to the annual men’s college basketball championship tournament.

January 26, 2018

Trademark Litigation: Florida Court Dismisses Suit Against Indiana Licensing Company Over Honus Wagner Trademark

By Overhauser Law Offices, LLC

Miami, Florida – Attorneys for Plaintiff, Honus Wagner Company, filed suit in the Southern District of Florida alleging that Defendants, Luminary Group LLC and Leslie Blair Roberts used the Plaintiff Honus Wagner’s name as an infringement to the Trademark “HONUS WAGNER.” The US District Court for the Southern District of Florida has granted the Defendants Motion to Dismiss for lack of personal jurisdiction.

Plaintiff alleged that, based on a chain of sales and succession, “it owns common law rights in the Honus Wagner name and mark.” Wagner was a famous baseball player for the Pittsburgh Pirates in the early 20^th century. Some of Wagner’s trading cards are among the most valuable pieces of sports memorabilia in the world.

January 24, 2018

Indiana Patent Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Vandor Corporation, of Richmond, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Matthews International Corp., of Pittsburgh, Pennsylvania infringed its rights on United States Patent No. 9,649,240 (“the ‘240 Patent”) titled “Lightweight Casket Having Foldable Sides,” and United States Patent No. 8,375,535 (the ‘535 patent), titled “Lightweight Casket Having Foldable Features.” Plaintiff is seeking judgment, preliminary and permanent injunctions, damages, prejudgment and post judgment interest, and attorney’s fees.

Plaintiff is the owner by assignment of both patents. Both patents describe caskets and cremation containers to be used in cremation and other funeral services. The caskets include sides and edges that fold down. Plaintiff alleges that Defendant sells a product named “Matthews Cremation Fold-Down Rental Insert” that infringes upon claims of both patents.

January 19, 2018

Indiana Copyright Litigation: Noblesville Resident Sues Voldico, LLC Over Website Plagiarism

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Ashlin Hadden of Noblesville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Voldico, LLC. of Osgood, Indiana infringed copyright rights of Ashlin Hadden. Plaintiff is seeking injunctive relief, actual damages, and judgment including statutory damages and attorneys’ fees.

According to the complaint, the parties entered into a contractual agreement where Plaintiff would act as an insurance agent for the Defendant, who is an insurance broker.

In addition to breach of contract claim for failure to pay commissions, and other common law claims, Plaintiff is also asserting a copyright infringement claim. Plaintiff alleges that in May 2017, she created an advertising website for potential customers to purchase insurance through her. Plaintiff alleges that in June 2017, the Defendant created a nearly identical website, using the same exact language as Plaintiff’s, to obtain insurance customers for themselves. Plaintiff alleges that Defendant plagiarized the advertising language of Plaintiff’s website.

January 18, 2018

The Northern District of Indiana Grants in part and denies in part ABRO Industries, Inc. Motion for Summary Judgment

By Overhauser Law Offices, LLC

South Bend, IN – ABRO Industries, Inc., of South Bend, Indiana, had filed a Copyright infringement lawsuit in the Northern District of Indiana alleging that 1 New Trade, Inc., Igor Zorin, Boris Babenchik, Vadim Fishkin of Baltimore Maryland, and Quest Specialty Coatings, LLC of Menomonee Falls, Wisconsin, infringed copyright on pending US Copyright Application No. 1-1845314781 filed by Plaintiff.

Plaintiff is an Indiana corporation that distributes automotive, industrial, and consumer products such as cleaners, adhesives, lubricants, service fluids, and engine additives. Defendant is a Maryland corporation that distributes similar types of products.

One of the products that Plaintiff distributes is a carburetor and choke cleaner. The copyright for the packaging of this product is pending under application number 1-1845314781. Plaintiff alleges that the Defendant has been unfairly competing by obtaining a similar product from Quest and redistributing it for sale in packaging virtually identical to Plaintiff’s packaging. Plaintiff alleges that Defendant is distributing a similar product, in identical packaging, to a similar market.

January 16, 2018

Indiana Trademark Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Kimball International, Inc. of Jasper, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Jasper Seating Company, Inc. d/b/a Community of Jasper, Indiana infringed its rights on the Indiana State Trademark Registration No. 2017-0052 for the mark “JEWEL.” Plaintiff is seeking an injunction, damages, lost profits, attorneys’ fees and costs, and any other relief the Court seems just.

Plaintiff is an Indiana corporation that manufactures furniture for offices, schools, healthcare facilities and hotels. According to the complaint, since August 2015 the Plaintiff has manufactured a line of chairs under the “JEWEL” trademark. Plaintiff has sold the chairs across the country and registered the trademark with the Indiana Secretary of State.

January 12, 2018

Indiana Trademark Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Impact Networking, LLC, of Hammond, and Indianapolis, Indiana filed suit in the Northern District of Indiana alleging that Defendants, Impact Solutions, LLC, of Fishers, Indiana infringed its rights on the United States Trademark registration numbers 2425077 and 2428340. Plaintiff is seeking judgment against Impact Solutions, damages, attorney fees, and costs.

Plaintiff has been in business since 1999, offering IT services. Plaintiff registered two trademarks for its brand, one protecting the word mark “Impact Networking,” and one protecting the company’s logo, which includes the company’s name. According to the complaint, Defendant is also an IT services provider, operating in the same geographic location. Plaintiff alleges that Defendant’s similar name causes consumer confusion and suggests an affiliation between the two companies. Although Plaintiff’s principal place of business is in Illinois, they have offices in Hammond, Indiana and Indianapolis, Indiana, and do business throughout Indiana. According to the complaint, the two companies are direct competitors in the same geographic area.