Indiana Intellectual Property Law News

February 1, 2024

Patent Office Issued 230 Patents to Indiana Entities in December 2023

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.

January 24, 2024

Patent Office Issued 232 Patents to Indiana Entities in November 2023

By Overhauser Law Offices, LLC

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

PATENT NUMBER	PATENT TITLE
US 11826689 B2	Air filter arrangement; assembly; and, methods
US 11830717 B2	Ion focusing
US 11826832 B2	Passivation and alloying element retention in gas atomized powders
US 11830716 B2	Mass spectrometry analysis of microorganisms in samples
US 11828908 B2	Rack-mountable equipment with a high-heat-dissipation module, and transceiver receptacle with increased cooling

January 23, 2024

178 Trademark Registrations Issued to Indiana Entities in November 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 178 trademark registrations to persons and businesses in Indiana in November 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number	Wordmark
7215755	FLEXRAKE
7222402	IN
7216586	BLIND ZEBRA
7225878	PLANET 2050
7225038	PLANET 2050 PROSPERITY LEADERSHIP ADVOCACY NURTURE ENVIRONMENT TOGETHER

January 22, 2024

G & G Closed Circuit Events, LLC Sues Indiana Restaurant/Bar, La Jalisco, LLP In Cable Piracy Suit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff G & G Closed Circuit Events, LLC, a California-based heavyweight in sports distribution, claims they owned exclusive distribution rights to the . They have brought suit against Defendant La Jalisco LLP, the owner and operator of a commercial restaurant and bar in Indianapolis, accusing them of illicitly showcasing the coveted Program.

Title 47 U.S.C. Section 605(a) specifically “prohibits the unauthorized interception, receipt, publication and use of communications, including satellite television signals.” G & G contends that La Jalisco LLP violated this law by knowingly and willfully advertising the viewing event on Facebook, intercepting the signal, and exhibiting the unauthorized Program within their establishment.

G & G is seeking statutory damages, claiming willful violations for commercial advantage. They seek an amount for each violation, alongside recovery of full costs and attorneys’ fees. In addition, Plaintiffs are asking for compensatory, exemplary, and punitive damages.

January 19, 2024

Copyright Clash: Ivan Radic’s Legal Stand Against AllCity Adjusting, LLC and Zor Development, LLC

By Overhauser Law Offices, LLC

In a recent legal action, photographer Ivan Radic has filed suit against AllCity Adjusting LLC and Zor Development LLC for allegedly infringing upon his intellectual property rights. According to Radic, he is a seasoned professional photographer known for his diverse portfolio and creative styles. He has accused the defendants of unauthorized use and distribution of his copyrighted work.

The complaint explains that the heart of the matter lies in Radic’s creation, a photograph titled “Plaster falling off the ceiling,” crafted in 2020 and officially registered under copyright law in 2021. Radic claims this work, publicly displayed on his Flickr page, was accompanied by explicit copyright management information and a denial of usage rights to the public.

Court documents state that Defendant AllCity Adjusting LLC, is a family-owned claims company aiding property owners in insurance claims and disaster relief. Radic has accused AllCity and Zor Development LLC, the registrant of AllCity’s website, of copying and showcasing his work on their website’s blog section without Radic’s consent. Moreover, the defendants allegedly removed Radic’s copyright management information, in what he claims is a clear violation of his rights under the Copyright Act.

January 15, 2024

Tap Wars: Delta Faucet Company’s Patent Dispute with Sanitary Ware

By Overhauser Law Offices, LLC

In the modern era of technological advancements and the burgeoning landscape of online commerce, the interconnection of patent law with the dynamics of e-commerce platforms presents intricate challenges. A recent legal dispute between Wenzhou Xin Xin Sanitary Ware Co., Ltd. (“Sanitary Ware” or “Plaintiff”) and Delta Faucet Company (“DFC”) illuminates the complexities faced by international entities selling products on major online platforms like Amazon, particularly concerning allegations of patent infringement.

According to the complaint, Sanitary Ware, a Chinese-based company operating as “HGN Sanitary Ware,” sells kitchen appliances and accessories, including glass rinsers, primarily through the Amazon Marketplace. Court documents also describe DFC, as an American plumbing fixture manufacturer under Masco Corporation, who is alleging patent infringement of its U.S. Patent No. 11,473,277 (“the ‘277 Patent”) against specific Xin Glass Rinsers listed by Sanitary Ware on Amazon.

DFC claims ‘277 Patent details a rinsing apparatus comprising components like a mounting base, fluid discharge member, valve member, and escutcheon. DFC says they initiated an Amazon Patent Evaluation Express (“APEX”) proceeding against Sanitary Ware’s Xin Glass Rinser based on claim 1 of the ‘277 Patent, and Sanitary Ware chose not to participate in the APEX, leading Amazon to remove the listing of the disputed Xin Glass Rinser.

January 12, 2024

Charting New Waters: Steamboat Willie’s Mickey Mouse Sets Sail into the Public Domain

By Overhauser Law Offices, LLC

On January 1, 2024, a significant shift in intellectual property rights occurred with the iconic American pop culture figure, Mickey Mouse, entering the public domain. The copyright for Mickey’s debut appearance in the 1928 short film, “Steamboat Willie,” finally expired, allowing a specific portrayal of the beloved character to become available for public use.

This momentous occasion follows a prolonged journey shaped by numerous extensions and revisions of copyright laws. Under U.S. copyright law, which typically spans 95 years, the extension became colloquially known as the “Mickey Mouse Protection Act.” This extension, sought not only by Disney but also by a coalition of copyright holders, aimed to safeguard their works for an extended period.

Jennifer Jenkins, a law professor and director of Duke’s Center for the Study of Public Domain, compared this milestone to the puff of smoke from a steamboat, expressing her enthusiasm at the symbolic moment.