Indiana Intellectual Property Law News

February 19, 2024

Paws, Patents, and Proceedings: The case of Kennels & Kats v. Delomo

Plaintiff Excelencia Importing Pty Ltd. d/b/a Kennels & Kats (“K&K”) brought forth a complaint against Defendant Jinping Leng d/b/a Delomo (“Defendant”). The core allegation was that the Defendant, through inequitable conduct, obtained U.S. Patent No. D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

The legal action claimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional. K&K, an online retailer specializing in pet supply products, alleged that the Defendant was fully aware of the materiality of the omissions, which rendered the design in the Asserted Patent unpatentable. The complaint suggested that, had the United States Patent and Trademark Office (USPTO) been aware of this information, the patent would not have been granted.

The complaint further asserted that the Defendant, despite knowledge of the invalidity of the Asserted Patent, made false infringement claims to Amazon against K&K. This action resulted in the suspension of K&K’s Amazon listings, causing immediate harm to its business. The ramifications of such suspension on an online retailer’s revenue and reputation are substantial, especially given Amazon’s market dominance.

February 16, 2024

Copyright Originality Upheld: Seventh Circuit’s Decision in UIRC-GSA Holdings v. William Blair

By Overhauser Law Offices, LLC

On January 12, 2024, the Seventh Circuit Court of Appeals, in the matter of UIRC-GSA Holdings v. William Blair, upheld a district court’s ruling to award summary judgment and attorneys’ fees in favor of Blair. The issue revolved around copyright infringement claims brought by UIRC-GSA Holdings against William Blair, a financial services company. UIRC-GSA Holdings (hereafter referred to as UIRC) alleged that Blair copied certain documents used in bond offerings, which UIRC claimed copyright protection over. Blair prevailed at summary judgment, and the district court awarded attorneys’ fees under the Copyright Act. UIRC appealed, arguing that the district court erred in ruling that UIRC lacked the requisite originality for valid copyrights in the documents and in awarding fees to Blair.

The case involved UIRC, a company managing properties leased to the U.S. General Services Administration (GSA), seeking capital by pooling GSA properties and offering bonds. UIRC produced key documents for this process, including a private placement memorandum (PPM) and an indenture of trust, largely adapted from documents by the Idaho Housing and Finance Association, with the addition of some new language. The legal issue concerned the originality and copyrightability of UIRC’s documents, as copyright law requires works to be independently created with some degree of creativity to qualify for protection.

The district court ruled in favor of Blair, finding that UIRC’s documents lacked the necessary originality for copyright protection. The court noted that UIRC had extensively copied language from documents prepared by the Idaho Housing and Finance Association. Additionally, the court found that the new text added by UIRC consisted primarily of facts, fragmented phrases, or language dictated by functional considerations, which are not eligible for copyright protection.

February 9, 2024

From Advocate to Adjudicator: Abizer Zani’s Appointment to the Bench

By Overhauser Law Offices, LLC

In a recent announcement from the United States District Court for the Northern District of Indiana, Hammond Division, the legal community welcomes a new addition to its ranks. Abizer Zanzi has been selected as the United States Magistrate Judge, succeeding the esteemed Honorable Joshua P. Kolar, who has recently been elevated to Circuit Judge of the United states Court of Appeals for the Seventh Circuit.

With degrees from the University of Pennsylvania and Duke University School of Law, Mr. Zanzi arrives with a wealth of expertise. As an Assistant United States Attorney in Hammond, Indiana, he has played a pivotal role in prosecuting diverse cases, spanning national security, public corruption, terrorism, human trafficking, and white-collar crimes. Beyond his legal work, his commitment to justice shines through his pro bono representation of indigent clients and his volunteer coaching of youth baseball during his leisure time.

Upon the announcement, Chief Judge Holly A. Brady remarked, “While many qualified candidates applied for the position, Mr. Zanzi’s extensive experience in both civil and criminal litigation and his prior experience clerking with the Court made him a clear choice for the vacancy. In addition to his diverse experience, the pro bono work he has performed demonstrates his clear commitment to equal justice under the law. We are all anxious for Mr. Zanzi to join the Court. He will be a tremendous asset to the Court and litigants.”

February 7, 2024

342 Trademark Registrations Issued to Indiana Entities in January 2024

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 342 trademark registrations to persons and businesses in Indiana in January 2024 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7273469	ELEVEN FIFTY ACADEMY
7290247	IN INDIANA
7279911	C AI
7269833	I
7271920	INDIANA PUBLIC MEDIA
7281179	INDIANA PUBLIC MEDIA
7271919	INDIANA PUBLIC MEDIA

February 5, 2024

Honoring the Legacy of Senior Judge William C. Lee: A Tribute to Justice

By Overhauser Law Offices, LLC

In a solemn moment that echoed across the Northern District of Indiana, the flags flew at half-staff, paying tribute to a titan of justice, Senior Judge William C. Lee. With a career spanning over four decades at the U.S. District Court, Judge Lee left an indelible mark on the legal community and beyond, his passing marking the end of an era.

Born and raised in Fort Wayne, Judge Lee’s journey into law commenced with humble beginnings. Graduating from North Side High School in 1955, he embarked on a path that led him to Yale University, where he laid the groundwork for what would become a remarkable career. However, it was his time at the University of Chicago Law School, where he earned his Juris Doctorate in 1962, that truly shaped his trajectory towards judicial excellence.

The pinnacle of Judge Lee’s career came with his appointment as a district judge by U.S. President Ronald Reagan in 1981. Serving as Chief Judge from 1997 to 2003, he embodied integrity and wisdom, earning respect and admiration from his peers and the community alike.

February 2, 2024

CONNEX(T) Clash: Ventris Medical vs. Nexxt Spine Trademark Dispute

By Overhauser Law Offices, LLC

In a recent legal action, California-based Plaintiff Secada Medical LLC, doing business as Ventris Medical, LLC, has filed a complaint against Defendant Nexxt Spine, LLC alleging trademark infringement and unfair competition under the federal Lanham Act, 15 U.S.C. § 1051 et seq.

Court documents state that Ventris has expertise in creating, promoting, and distributing advanced tissue and bone healing solutions tailored to meet the specific requirements of different surgical fields. Ventris claims to have actively advertised and sold items bearing the CONNEXT® brand for numerous years. They allege that Nexxt Spine, and Indiana company, is violating Ventris’ trademark by using a similar mark, CONNEXX, for their own surgical implant kits.

The crux of Ventris’ complaint lies in the similarity between the CONNEXT® mark and Nexxt Spine’s CONNEXX mark, with the only difference being the final letter (“T” vs. “X”). Ventris asserts that both marks are used in connection with highly related surgical products and are targeted at the same consumers within the medical community, thus increasing the likelihood of confusion among consumers regarding the source or affiliation of the products.

February 1, 2024

Patent Office Issued 230 Patents to Indiana Entities in December 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 230 patents to persons and businesses in Indiana in December 2023:

PATENT NUMBER	PATENT TITLE
US 11851685 B2	Zwitterion buffer containing compositions and uses in electroanalytical devices and methods
US 11850899 B2	Removable safety chain tie down apparatus
US 11856182 B2	Icon-based home certification, in-home leakage testing, and antenna matching pad
US 11851209 B2	Pod cover system for a vertical take-off and landing (VTOL) unmanned aerial vehicle (UAV)
US 11853284 B2	In-place updates with concurrent reads in a decomposed state

January 31, 2024

159 Trademark Registrations Issued to Indiana Entities in December 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in December 2023 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7243847	COACH SHARON
7256270	AMBRE BLENDS ALPHA
7256110	HOOSIERS FOR GOOD
7256111	H HOOSIERS FOR GOOD
7249674	THE HOT ROOM NOW
7249852	BEXA360

January 29, 2024

An Illuminating Battle Over Trade Dress Rights: Dekko, Inc. vs. Metro Light & Power, LLC

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Group Dekko, Inc. and its subsidiary, Furnlite, Inc., have initiated legal proceedings against Metro Light & Power, LLC. The crux of the dispute lies in allegations of trade dress infringement under the Lanham Act, with Dekko and Furnlite seeking a declaratory judgment to invalidate Metro’s claims.

Metro Light & Power, LLC, based in Teaneck, New Jersey, has accused Dekko and Furnlite of infringing upon its trade dress rights. Specifically, Metro contends that Dekko’s Furnlite products bear a striking resemblance to Metro’s Bezel products, leading to consumer confusion. Metro has threatened legal action unless Dekko and Furnlite cease production and sales of their allegedly infringing products.In response to Metro’s allegations, Dekko and Furnlite have taken a firm stance, denying any wrongdoing. They assert that their products do not infringe upon Metro’s trade dress rights. Moreover, they argue that trade dress protection does not extend to functional features of a product, and they maintain that their own design patents predate Metro’s establishment.

Central to the dispute is the validity of Metro’s trade dress. Trade dress protection applies to the overall appearance of a product, but only if it serves as a source identifier and is non-functional. Dekko and Furnlite contend that Metro’s trade dress lacks distinctiveness and does not function as a source identifier. They argue that the design features highlighted by Metro serve functional purposes rather than acting as distinctive identifiers.

January 26, 2024

Diamonds in Dispute: Shima’s Legal Battle Against SRT for Copyright Infringement

By Overhauser Law Offices, LLC

China – Plaintiff Guangzhou Shima Decoration Materials Co., Ltd. (Shima), a Chinese corporation specializing in home improvement items and building materials, has brought legal action against Shenzhen Ruimingxiang Technology Co., Ltd. (SRT) for alleged copyright infringement.

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.

According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com. Shima alleges that SRT’s actions amount to willful infringement, resulting in substantial financial losses.