Indiana Intellectual Property Law News

September 21, 2016

Indiana Trademark Litigation: Student-Housing Firms in Dispute over Use of “ANNEX”

Indianapolis, Indiana – Plaintiff Mecca Companies Inc. d/b/a Annex Student Living of Indianapolis, Indiana filed a trademark infringement complaint in the Southern District of Indiana against Defendant Trinitas Ventures LLC of Lafayette, Indiana.

Mecca offers student-housing services in three states, including Indiana and Ohio, under THE ANNEX or ANNEX. It states that it began to use ANNEX to identify its student housing in 2013 but makes no mention of having received a federal or state trademark registration.

Mecca contends that Trinitas offers competing services in an Ohio student-housing property using the name ANNEX and asserts that this use is likely to cause consumer confusion. In this federal lawsuit, brought by Indiana trademark attorneys for Mecca, the following causes of action are listed:

• Count I: Trademark Infringement and Unfair Competition Under 15 U.S.C. § 1125(a)
• Count II: Violation of Ohio Deceptive Trade Practices Act, ORC 4165.02

• Count III: Common Law Unfair Competition under Ohio Law

Mecca seeks damages, including punitive damages, along with injunctive relief, costs and attorneys’ fees.

September 19, 2016

Indiana Copyright Litigation: Bell’s Copyright Litigation Expands to Include IU, Purdue and Others

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Copyright attorney and professional photographer Richard Bell of McCordsville, Indiana filed four new lawsuits in the Southern District of Indiana alleging copyright infringement.

Defendants in these four new cases are: Indiana University of Bloomington and Indianapolis, Indiana; Purdue University of West Lafayette, Indiana; David Powell and Midwest Regional Network for Intervention with Sex Offenders of Indianapolis, Indiana; and East Coast Health Insurance, Inc. of Deerfield Beach, Florida.

At issue in these four lawsuits are two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo,” which have been registered with the U.S. Copyright Office under Registration No. VA0001785115.

Bell contends that the two universities infringed the copyright of the “Indianapolis Photo,” while the remaining Defendants are accused of having infringed the “Indianapolis Nighttime Photo.”

Bell makes claims of “Copyright Infringement and Unfair Competition” and seeks statutory damages, injunctive relief, costs and attorneys’ fees.

Practice Tip: Bell is a frequent copyright litigant in Indiana. Our previous posts about his litigation include:

• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 16, 2016

Indiana Copyright Litigation: Copyright Attorney Shifts to Alleging Infringement of Different Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Copyright attorney and Plaintiff Richard Bell of McCordsville, Indiana filed a new group of lawsuits in the Southern District of Indiana asserting infringement of a copyrighted photo.

The photo in question in these latest lawsuits, Bell’s “Indianapolis Nighttime Photo,” was registered on August 4, 2011 with the U.S. Copyright Office under Registration No. VA0001785115. In most of Bell’s prior litigation asserting infringement of his copyrighted photos (see “Practice Tip” below), only his “Indianapolis Photo,” taken during the daytime, has been at issue.

Three new Defendants are the subjects of these copyright lawsuits: Dave Tipton of Indianapolis, Indiana, Keith Buckley of Fishers, Indiana and A Place for Mom, Inc. of Everett, Washington. Bell contends that each Defendant “downloaded or took the Indianapolis Nighttime Photo from the internet without permission from the owner, Richard N. Bell and copied on to [sic] a webserver controlled by the Defendant” and, in so doing, committed copyright infringement.

Each of the lawsuits lists a count of “Copyright Infringement and Unfair Competition.” Bell seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: We have blogged about Bell’s copyright lawsuits numerous times in the past. See:

• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 15, 2016

Indiana Trademark Litigation: Allison Transmission Alleges Infringement of TES 295 Trademarks

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Trademark attorneys for Plaintiff Allison Transmission, Inc. of Indianapolis, Indiana filed a lawsuit against Fleetpride, Inc. of Irving, Texas asserting trademark infringement.

Plaintiff Allison is a manufacturer of medium- and heavy-duty automatic transmissions. In conjunction with the manufacture and sale of transmissions, Allison developed a standard under which it would certify transmission fluids as approved for use in its transmissions. This standard, “TES 295,” is incorporated into a family of trademarks, Reg. No. 4,379,699, Reg. No. 4,166,531 and Reg. No. 4,993,880, which have been registered by the U.S. Patent and Trademark Office.

In 2015, Allison discovered what it alleges was an infringing use of the TES 295 trademark by Defendant Fleetpride. Allison contends that Fleetpride offered transmission oil under the name PRIMATECH TES295 and used a version of Allison’s TES 295 trademarks, both in its product numbers and its advertising. Trademark lawyers for Allison contacted Fleetpride to address Allison’s concerns, but no resolution was reached.

This litigation, filed in the Southern District of Indiana, followed. In the complaint, filed yesterday in federal court, Fleetpride is accused of “intentional, willful, and bad faith attempts to deceive or to create mistake or confusion in the minds of customers” as a result of its use of “TES295.” The lawsuit lists the following claims for relief:

• Count I: Infringement of Federally Registered Trademark (Lanham Act, 15 U.S.C. § 1114(1))
• Count II: Federal Unfair Competition and False Designation of Origin (Lanham Act, 15 U.S.C. § 1125(A))
• Count III: Common Law Unfair Competition and Trademark Infringement

• Count IV: False Description of Goods

Allison is seeking damages, including treble damages, along with injunctive relief, costs of the lawsuit and attorneys’ fees.

September 9, 2016

Patent Office Issues 215 Patents To Indiana Citizens in August 2016

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 215 patent registrations to persons and businesses in Indiana in August 2016, based on applications filed by Indiana patent attorneys:

	Patent No.	Title
1	D765,221	Filter element
2	D765,046	Connection enclosure
3	D765,032	Four prong plug
4	D764,920	Bottle
5	9,431,863	Insulation component for an electric machine and method of assembly
6	9,431,690	Dielectric waveguide filter with direct coupling and alternative cross-coupling
7	9,430,549	Knowledge capture and discovery system
8	9,430,345	Command interface for communication test framework
9	9,429,586	Automatic analyzer
10	9,429,350	Shipping box system with multiple insulation layers

September 8, 2016

Indiana Copyright Litigation: Airbrushing Firm Sues Boat Seller for Copyright Infringement, Breach of Contract

By Overhauser Law Offices, LLC

South Bend, Indiana – Copyright lawyers for Plaintiff The Art of Design, Inc. of Elkhart, Indiana filed an intellectual property lawsuit in the Northern District of Indiana. Defendants in this Indiana lawsuit are Pontoon Boat, LLC d/b/a Bennington and Bennington Marine of Elkhart, Indiana and Hawkeye Boat Sales, Inc. of Dubuque, Iowa.

Plaintiff is in the business of custom airbrushing, including the airbrushing of copyrighted art works onto different surfaces. Defendants offer marine goods, including pontoon boats. In 2011, Plaintiff and Bennington entered into an agreement wherein Bennington paid Plaintiff to apply copyrighted graphics, titled “Shatter Graphics,” to a limited number of Bennington’s pontoon boats in exchange for payment.

Plaintiff contends that, following this authorized application of Shatter Graphics to Defendants’ pontoon boats, Defendant made further use of the copyrighted design without Plaintiff’s authorization.

In this Indiana litigation, Plaintiff makes several allegations, including accusing Defendant of copyright infringement for the sale of pontoon boats bearing graphics “that are copied from and substantially similar to” Plaintiff’s Shatter Graphics, which has been registered with the U.S. Copyright Office under Registration numbers VA 1-979-388 and 1-982-002. The lawsuit lists the following claims for relief:

• Count I – Breach of Contract against Bennington
• Count II – Unjust Enrichment against all Defendants
• Count III – Copyright Infringement against all Defendants
• Count IV – Unfair Competition against all Defendants
• Count V – Inducing Copyright Infringement against Bennington

• Count VI – Violations of DMCA, 17 U.S.C. § 1202

Plaintiff is seeking damages, including treble damages, as well as equitable relief, costs and attorneys’ fees.

Practice Tip: Plaintiff’s copyright attorneys also represent frequent litigant Design Basics. We have blogged about Design Basics’ Indiana copyright litigation before. See:

• Design Basics Sues Fort Wayne Homebuilders
• Creator of Architectural Designs Files Two New Copyright Lawsuits
• Design Basics Files Three New Indiana Copyright Lawsuits
• Architecture Firms File Four New Infringement Lawsuits
• Design Basics Files Two New Copyright Lawsuits
• Architecture Firm Files New Lawsuit Asserting Infringement
• Design Basics Files Two Additional Infringement Lawsuits in the Northern District
• Design Basics Files Additional Indiana Lawsuit

• Design Basics Sues Builders and Others Alleging Infringement of Copyrighted Architectural Designs

September 7, 2016

Indiana Copyright Litigation: Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Serial litigant Richard N. Bell of McCordsville, Indiana filed a new lawsuit alleging copyright infringement in the Southern District of Indiana. This litigation names analytics firm Aurora Worldwide Development Corporation of Madison, Wisconsin as Defendant.

Aurora is accused of infringing Bell’s copyright in a photo titled “Indianapolis Photo,” which has been registered with the U.S. Copyright Office under Registration No. VA0001785115. Bell claims that Aurora published the copyrighted photo without proper authorization on its website, aurorawdc.com, as well as within a PDF file located on another website that Aurora controls.

In this lawsuit, Bell, an Indiana copyright lawyer and professional photographer, also contends that Defendant’s conduct disparaged him, stating that Aurora “willfully and recklessly falsely claimed that it client [sic] owned the copyrights of all images and photos contained on the website of aurorawdc.com including Indianapolis Photo and thereby disparaged the Plaintiff.”

Bell includes claims of “copyright infringement and unfair competition” in this lawsuit. He seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: Bell is a frequent copyright litigant in Indiana federal courts. Previous blog posts about his cases include:

• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 1, 2016

221 Trademark Registrations Issued to Indiana Companies in August 2016

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 221 trademark registrations to persons and businesses in Indiana in August 2016 based on applications filed by Indiana trademark attorneys:

Registration No.	Word Mark	Click To View
5021181	SPOT FREIGHT	TSDR
5021106	KNOX COUNTY RENTALS	TSDR
5021039	THE KING JAMES BIBLE THE CHURCH OF THE LIVING GOD THE PILLAR AND GROUND OF THE TRUTH THE SCRIPTURES ALONE BIBLE SCHOOL THY WORD IS TRUTH	TSDR
5021008	NOTRE DAME FCU	TSDR
5021000	PRIVATE MEMBER GROUP AT NOTRE DAME FEDERAL CREDIT UNION	TSDR
5020984	CREATE YOUR OWN STORY	TSDR
5020927	NIGHTMARE ON EDGEWOOD	TSDR
5020918	GET TRENDING	TSDR

August 30, 2016

Indiana Copyright Litigation: Bell Names Aramark in Latest Copyright Infringement Lawsuit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff Richard N. Bell of McCordsville, Indiana initiated the latest of a string of Indiana lawsuits alleging copyright infringement of his “Indianapolis Photo,” which has been registered with the U.S. Copyright Office under Registration No. VA0001785115.

This litigation, which was filed in the Southern District of Indiana, alleges that Defendant Aramark Corporation infringed Bell’s copyright by publishing his “Indianapolis Photo” on Aramark’s website.

In this intellectual property lawsuit, Bell, an Indiana copyright attorney and professional photographer, lists a single count – “Copyright Infringement and Unfair Competition.” Bell states that Defendant Aramark acted “recklessly, willfully” and in “conscious disregard” of his rights under copyright law. He seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: Bell has filed numerous lawsuits in recent years alleging infringement of his “Indianapolis Photo” as well as his “Indianapolis Nighttime Photo.” These lawsuits have been discussed on this blog before. See:

• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

August 23, 2016

Indiana Patent Litigation: RV Components Makers in Court Again Over Patent Covering Room Seal

By Overhauser Law Offices, LLC

South Bend, Indiana – Plaintiff Lifetime Industries, Inc. (“LTI”) of Elkhart, Indiana filed a patent infringement lawsuit in the Northern District of Indiana alleging that Defendant Trim-Lok, Inc. of Buena Park, California infringed Plaintiff’s patent for a “Two-Part Seal for a Slide-Out Room.”

The patent-in-suit, U. S. Patent No. 6,966,590 (the “‘590 patent”), has been issued by the U.S. Patent and Trademark Office. Plaintiff states that it “currently produces, sells, and distributes two-part seals covered by the ‘590 patent” (collectively, “LTI Seals”), which are directed towards the addition of a slide-out room to a recreational vehicle. The LTI Seals include “a mounting portion and a separate bulb portion that slidably connects to the mounting portion.”

Plaintiff asserts that Defendant makes, uses, sells, and offers for sale a seal that, once installed on a recreational vehicle, infringes one or more claims of the ‘590 patent. Plaintiff indicates that it discovered this alleged wrongdoing by Defendant during a visit to Forest River, Inc., a manufacturer of recreational vehicles and mobile living quarters.

Plaintiff also contends that Defendant’s infringing behavior was knowing and intentional, citing in part two former LTI engineers who began work for Trim-Lok. These two engineers purportedly had knowledge of the ‘590 patent and LTI asserts that they “contributed to or designed” Defendant’s accused product.

In this lawsuit, filed by Indiana patent attorneys, the following counts are listed:

• Direct Infringement of the ‘590 Patent
• Induced Infringement of the ‘590 Patent

• Contributory Infringement of the ‘590 Patent

Plaintiff seeks damages, including treble damages, along with equitable relief, costs and attorneys’ fees.

Practice Tip: This is not the first instance of patent litigation between these parties. LTI sued Trim-Lok in 2013 alleging that Trim-Lok had infringed the same patent by offering another product.