Indiana Intellectual Property Law News

March 15, 2017

Indiana Patent Litigation: Two Elkhart Vendors of RV Equipment to Litigate Dispute Over Vehicle-Leveling Patents

South Bend, Indiana – Days Corporation (“Days”) of Elkhart, Indiana filed a complaint asking the Northern District of Indiana to resolve infringement claims relating to three patents.

The lawsuit was brought against Lippert Components, Inc. (“LCI”), also of Elkhart, Indiana. Both Days and LCI operate in the recreational vehicle (“RV”) industry. They offer competing systems designed to level a vehicle, for example, one that is situated on uneven terrain causing the vehicle to be oriented on an undesirable plane.

At issue in this Indiana litigation are three patents, U.S. Patent Nos. 6,584,385 (“the ‘385 patent”), 6,885,924 (“the ‘924 patent”) and 6,619,693 (“the ‘693 patent”). LCI claims intellectual property protection under the ‘385 patent and the ‘924 patent, while Days claims rights under the ‘693 patent.

Each party asserts that the other party is committing patent infringement. Days asks the court for a declaratory judgment of non-infringement and patent invalidity of the LCI patents. It also seeks a judgment that LCI has infringed the ‘693 patent. The complaint, filed by a patent litigator for Days, lists the following claims:

Count I: Declaratory Judgment of Non-Infringement by Days of the ‘385 Patent
Count II: Declaratory Judgment of Non-Infringement by Days of the ‘924 Patent
Count III: Declaratory Judgment of Invalidity of the ‘385 Patent
Count IV: Declaratory Judgment of Invalidity of the ‘924 Patent
Count V: Infringement by LCI of the ‘693 Patent

In addition to a declaratory judgment and a judgment of infringement, Days seeks damages, including a trebling of those damages pursuant to a finding of willful infringement, and injunctive relief.

March 13, 2017

Indiana Trademark Litigation: Indiana Winemaker Sues for Right to Continue Using “Generations” Trademark

By Overhauser Law Offices, LLC

New Albany, Indiana – Huber Orchards, Inc. of Borden, Indiana filed a trademark lawsuit in the Southern District of Indiana. Defendants in the litigation are C. Mondavi & Family (“CMF”) and C. Mondavi & Sons, Inc., both of St. Helena, California. Huber filed the lawsuit seeking a declaratory judgment that its mark “Huber Winery Generations Indiana Red Wine” does not infringe Defendants’ trademark.

Both Plaintiff and Defendants produce and offer wine products. In February 2017, CMF sent a cease and desist letter to the president of Huber stating that CMF owns a federally registered trademark for GENERATIONS for wine. This trademark has been registered by the U.S. Patent and Trademark Office as U.S. Reg. No. 2,236,517.

In the letter, sent to Huber by a trademark lawyer for Defendants, CMF asserts that Huber’s use of the word “Generations” in conjunction with the sale of wine violates the Lanham Act by infringing and diluting CMF’s trademark. The letter demanded that Huber cease all use of the trademark GENERATIONS in connection with its Huber Winery Generation Indiana Red blend wines. CMF further contended that Huber is liable for injunctive relief, damages, possible treble damages and attorneys’ fees.

Huber contends that it began selling its “Huber Winery Generations Indiana Red Wine” line locally in 1997, two years before CMF registered its trademark, and that it began selling the wine on the internet in 2004. It further asserts that its use of its “Huber Winery Generations” common law trademark does not infringe any trademark in which CMF has right because there is no likelihood of confusion. It asks the court to declare that Huber’s use of “Generations” and “Huber Winery Generations” do not infringe CMF’s GENERATIONS trademark.

March 10, 2017

Indiana Trademark Law: Court Rules for Winnebago on Trade Dress Claims

By Overhauser Law Offices, LLC

South Bend, Indiana – Judge Robert L. Miller, Jr. of the Northern District of Indiana dismissed claims concerning trade dress infringement.

In this Indiana trademark lawsuit, Forest River, Inc. of Elkhart, Indiana sued Winnebago Industries, Inc. of Forest City, Iowa and its subsidiary Winnebago of Indiana, LLC alleging trademark infringement, trade dress infringement, unfair competition, false designation of origin, and false and misleading representations.

Overhauser Law Offices, LLC filed a partial motion to dismiss with the court, arguing that Forest River had neither sufficiently identified the features that constituted the claimed trade dress nor provided any factual support for its assertion that such features were non-functional.

The court noted that “to survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678. The claim is deemed plausible if “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.

In this litigation, such a showing required that Forest River define its trade dress. It must also plead sufficient facts to show that the claimed trade dress is nonfunctional, has acquired secondary meaning and that a likelihood of confusion exists between its trade dress and Winnebago’s trade dress.

The court agreed with Winnebago, concluding that Plaintiff had relied on “conclusory and meaningless” assertions in its pleadings. Consequently, it granted Winnebago’s motion and dismissed without prejudice Forest River’s claims concerning trade dress infringement under the Lanham Act, 15 U.S.C. §1125(a) as well as similar claims made under common law.

Overhauser Law Offices represented Winnebago in obtaining this successful order dismissing the trade dress claims.

March 9, 2017

Indiana Trademark Litigation: Trademark Dispute over “Final Four” and “March Madness” Heads to Federal Court

By Overhauser Law Offices, LLC

Indianapolis, Indiana – National Collegiate Athletic Association (“NCAA”) of Indianapolis, Indiana sued in the Southern District of Indiana alleging trademark infringement and unfair competition.

NCAA’s trademarks, which have been registered with the U.S. Patent and Trademark office (“USPTO”), pertain to the following uses of FINAL FOUR and MARCH MADNESS:

MARK	GOODS/SERVICES	REG NO. & DATE
FINAL FOUR	Association services, namely, conducting annual basketball tournaments at the college level	1,488,836; May 17, 1988
FINAL FOUR	Promoting the goods and services of others by allowing sponsors to affiliate their goods and services with collegiate championship tournaments	2,377,720; Aug. 15, 2000
FINAL FOUR	Printed matter, namely, guides in the field of sports; Luggage, namely, portfolios, backpacks, duffle bags, rolling luggage, garment bags, briefcases, athletic bags and tote bags; and Entertainment services, Namely, providing information in the field of college sports via the Internet	2,964,266; June 28, 2006
MARCH MADNESS	Entertainment services, namely, presentation of athletic and entertainment personalities in a panel forum	1,571,340; Dec. 12, 1989
MARCH MADNESS	Entertainment in the nature of basketball tournaments between college teams	2,485,443; Sept. 4, 2001
MARCH MADNESS	Telecommunications services; namely the transmission of voice, data, images, audio, video and information via local and long distance telephone, satellite and global computer networks; leasing telecommunications equipment, components, systems and supplies; electronic mail services; telephone voice messaging services; providing multiple-user access to global computer networks to transmit, receive and otherwise access and use information of general interest to consumers; web casting of athletic games, tournaments, exhibitions, and events via the Internet	3,025,527; Dec. 13, 2005

Defendants in this Indiana trademark lawsuit are Kizzang LLC of Las Vegas, Nevada and Robert Alexander, the founder and owner of the business. They are in the business of providing nationwide Internet-based promotions that award prizes for predicting the results of sporting events. Plaintiff states that they have branded their NCAA-related services using the mark FINAL 3.

Plaintiff further asserts that Defendants had planned to adopt APRIL MADNESS for the same services as FINAL 3, but that they delayed doing so upon learning that NCAA objected to their use of FINAL 3. Kizzang has applied for federal trademark registrations for both marks with the USPTO.

Indiana trademark attorneys for Plaintiff contend that Defendants adopted both names because of their similarity to the marks used by NCAA and that Defendants did so with the intention of exploiting the goodwill associated with FINAL FOUR and MARCH MADNESS. In this lawsuit, filed in federal court, the following claims are made:

Trademark Infringement Under 15 U.S.C. § 1114
Trademark Infringement Under 15 U.S.C. § 1125(a)
Trademark Dilution Under 15 U.S.C. § 1125
Common Law Unfair Competition

Plaintiff asks for various remedies from the court, including a judgment of willful and intentional violations of 15 U.S.C. §§ 1114, 1125 and Indiana common law; injunctive relief including restraining Defendants from further use of FINAL 3 and APRIL MADNESS as well as an order that the USPTO deny registration for the marks; damages, including treble damages; and attorneys’ fees.

March 7, 2017

Indiana Copyright Litigation: Eleven Indiana BitTorrent Users Accused of Infringing Copyright of Motion Picture

By Overhauser Law Offices, LLC

Hammond, Indiana – ME2 Productions Inc. of Carson City, Nevada, filed a lawsuit alleging copyright infringement of the action thriller Mechanic: Resurrection, which has been registered with the U.S. Copyright Office under U.S. Copyright Registration No. PA-1-998-057. The movie, which is the sequel to the 2011 action film Resurrection, stars Jason Statham, Jessica Alba and Tommy Lee Jones.

Eleven unnamed Defendants, listed as Doe Defendants 1-11, are accused of infringing the copyright of the film by distributing a “screener copy” illegally via BitTorrent, a file-sharing protocol. Plaintiff states that the 11 Defendants committed copyright infringement “in a collective and interdependent manner with other Defendants via the Internet for the unlawful purpose of reproducing, exchanging, and distributing copyrighted material.”

This litigation was commenced in the Northern District of Indiana by a copyright litigator for ME2 Productions. Plaintiff contends that the Doe Defendants are Indiana residents, stating that it determined through the use of geolocation technology that each had an Indiana Internet Protocol address.

Plaintiff seeks injunctive relief along with damages, costs and attorneys’ fees.

March 7, 2017

Patent Office to Present Seminar at Indianapolis Central Library on March 23

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The United States Patent and Trademark Office will be hosting a free program for up and coming independent inventors titled “Gender Gap in Patents”. Following the free program you can attend an educational training session in order to learn about Patent and Trademark basics. USPTO staff will be on site to answer your questions.

The program will be held on Thursday, March 23, 2017 at the Indianapolis Public Library – Central Library located at 40 East Saint Clair Street, Indianapolis, IN 46204.

The itinerary for the day will be as follows:

March 6, 2017

Indiana Intellectual Property Litigation: Joe Hand Promotions Sues Alleging Unlawful Interception of Championship Fight

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Joe Hand Promotions, Inc. of Feasterville, Pennsylvania filed an intellectual property lawsuit in the Northern District of Indiana.

One business entity was sued in this Indiana litigation, Gum Dinger Slingers, LLC d/b/a Foxhole Pub at Norwood Golf Course of Warren, Indiana. Also listed as Defendants were the following Indiana residents: Lee Cutting, Stephanie Cutting, Kevin Killen, Amanda Killen and Jason Kennedy.

Defendants are accused of unlawfully intercepting and broadcasting an “Ultimate Fighting Championship®” program that was broadcast on March 14, 2015. The program, Ultimate Fighting Championship® 185: Pettis v. Dos Anjos, was broadcast exclusively on pay-per-view.

Joe Hand states that it held the exclusive commercial distribution rights to the broadcast of this program and that the business known as Foxhole Pub at Norwood Golf Course displayed the program in a commercial establishment without having obtained the proper license. In addition to suing the limited-liability company that operates the Foxhole Pub, an Indiana intellectual property lawyer for Joe Hand has sued five individuals, stating that each was an officer, director, shareholder, owner, member and/or principal of the entity owning and operating the Foxhole Pub; that each individual had a right and ability to supervise the activities of the pub; and that each had an obvious and direct financial interest in the activities of the pub.

Plaintiff asserts that Defendants’ conduct violated 47 U.S.C. § 605 or, in the alternative, violated 47 U.S.C. § 553. It asks the court for statutory damages, interest, costs and attorneys’ fees.

March 3, 2017

Patent Office Issues 134 Patents To Indiana Citizens in February 2017

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 134 patent registrations to persons and businesses in Indiana in February 2017, 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	D780,015	Ring with internal stones
2	9,584,895	Teardrop variable wall earbud
3	9,583,967	Ruggedized pressure transducer with integrated wireless antenna and rechargeable battery system
4	9,583,028	Flashlight
5	9,581,635	System and method for high voltage cable detection in hybrid vehicles

March 2, 2017

154 Trademark Registrations Issued to Indiana Companies in February 2017

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.

The U.S. Trademark Office issued the following 154 trademark registrations to persons and businesses in Indiana in February 2017 based on applications filed by Indiana trademark attorneys:

Registration No.	Word Mark	Click To View
5136340	CORNERSTONE INFORMATION SYSTEMS	TSDR
5151327	SAVE YOUR SELFIE	TSDR
5153033	CAMPAIGN CLUB	TSDR
5153016	COMPETITIVE GIVING	TSDR
5151151	ART’S SKILLET	TSDR

March 1, 2017

Indiana Trademark Litigation: Choice Hotels Alleges Former Franchisee is Infringing Econo Lodge Trademarks

By Overhauser Law Offices, LLC

Lafayette, Indiana – Choice Hotels International, Inc. of Rockville, Maryland sued in the Northern District of Indiana alleging trademark infringement under federal and Indiana law.

Choice Hotels is in the business of franchising hotels. It offers hotel and motel services under the following brands: CAMBRIA HOTELS & SUITES®, COMFORT INN®, COMFORT SUITES®, QUALITY®, SLEEP IN®, CLARION®, MAINSTAY SUITES®, SUBURBAN EXTENDED STAY HOTEL®, ECONO LODGE®, and RODEWAY INN®.

At issue in this Indiana trademark litigation is the Econo Lodge family of trademarks. These trademarks include U.S. Trademark Nos.: