Indiana Intellectual Property Law News

April 28, 2025

Weight Loss, Heavy Lawsuit: Lilly says Premier’s Shots Miss the Mark

Premier Weight Loss, also known as Premier Weight Loss of Indiana, is facing a lawsuit from Eli Lilly and Company. The lawsuit claims Premier has been selling altered versions of Lilly’s FDA-approved drugs, MOUNJARO® and ZEPBOUND®. Lilly accuses Premier of repackaging these medications, removing them from their original packaging, and distributing them in third-party insulin syringes without proper labeling, patient instructions, or safety information. Lilly argues that these altered drugs are unsafe, as they lack essential information like batch numbers and expiration dates, and may not meet FDA-approved dosages or sterility standards.

Lilly points out that Premier’s practices, including splitting auto-injector pens into multiple doses, can result in inconsistent and potentially harmful concentrations. The company also says Premier’s marketing misleads consumers and healthcare providers into believing these altered products are authentic, when they are not. Premier’s use of Lilly’s trademarks in advertisements is also a violation of intellectual property laws, according to the lawsuit.

Lilly argues that these practices pose serious risks to patients, particularly those using the drugs to manage conditions like type 2 diabetes. They believe the unapproved alterations could lead to ineffective treatments or dangerous side effects. The lawsuit aims to stop the sale of these allegedly altered drugs and correct Premier’s supposed false advertising. Lilly is also seeking damages for the purported harm caused by Premier’s actions.

April 25, 2025

Quantum Litigator: Emrit’s Lawsuit Universe Expands

By Overhauser Law Offices, LLC

Ronald Satish Emrit, an alleged resident of Florida and Maryland, has filed legal complaints in both Northern and Southern Indiana courts against six defendants, the U.S. Patent and Trademark Office, the U.S. Department of Commerce, NASA Goddard Space Flight Center, the American Institute of Physics, Kennedy Space Center, and the National Science Foundation. He seeks $500 billion in damages, claiming interference with business relations and potential contracts has prevented him from securing patents for his scientific theories.

In his Complaint, Emrit also identifies himself as “Preidential Candidate Number P60005535 and Presidential Committee/Political Action Committee/Seperate (sic) Segregated Fund (SSF) Number C00569897 d/b/a United Emrits of America.”

Emrit’s work involves concepts in quantum mechanics, astrophysics, and relativity, including ideas about black holes, wormholes, and higher-dimensional geometry. He claims these theories are unique and patentable but have been blocked by bureaucratic hurdles and lack of recognition from scientific and government bodies.

April 23, 2025

A Step Too Far? MORryde International, Inc. Accuses Airxcel, Inc. (Suburban) of Patent Infringement

By Overhauser Law Offices, LLC

Elkhart, Indiana – MORryde International, Inc. has filed a lawsuit against Airxcel, Inc., doing business as Suburban, claiming patent infringement. The case centers around three patents (US Patent Nos. 9,903,121, 10,519,671, and 11,739,534), allegedly owned by MORryde, that relate to folding staircases for vehicles like RVs and trailers. These patents—supposedly issued in 2018, 2019, and 2023—cover features such as spring-assisted folding and adjustable legs designed to improve safety and ease of use when entering and exiting a vehicle.

MORryde;s ‘671 Patent

MORryde contends that Suburban’s products, specifically the Stow Away Steps and the Lift Assist Step, unlawfully use the technology protected under MORryde’s patents. According to the complaint, these Suburban products are designed in a way that mimics MORryde’s patented features, including folding mechanisms and mounting systems similar to those described in the patent documents. MORryde claims it first raised conc

April 16, 2025

Bone of Contention: WOOF FEST Fight Lands in Court

By Overhauser Law Offices, LLC

Evansville, Indiana – A legal dispute has emerged over a local fundraising event called “Woof Fest.” Allison Bush, an event organizer who has been planning and promoting fundraising events since 2019, claims her intellectual property has been used without permission by P.A.A.W.S., Inc.—a local animal rescue group—and its treasurer, Julie Frazier.

According to the complaint, in July 2024, Bush and Frazier began discussing a joint fundraising event to benefit local foster-based animal rescues. During those discussions, Frazier suggested the name ‘Woofstock,’ despite allegedly knowing it was already used by another organization. In response, Bush says she proposed the alternative name ‘Woof Fest.’

Court Documents state that Bush then moved forward with the idea, hiring an artist to create a logo using images of her own dogs. The case filings further report that Bush paid for the design, received full rights to it, and began promoting “Woof Fest” on social media and other platforms. Records note that she later registered the name, WOOF FEST, and logo with the U.S. Copyright Office and applied for federal trademark protection.

April 11, 2025

From StockFood to Courtroom: The American Table Faces Copyright Infringement Claims

By Overhauser Law Offices, LLC

Plaintiff Image Professionals GmbH, operating as StockFood, has filed a lawsuit against Warsaw, Indiana Defendant, The American Table Restaurant, Inc. for copyright infringement. Based in Munich, Germany, Plaintiff specializes in creating and licensing premium food-related imagery, videos, and recipes.

The lawsuit involves a photograph titled “00687624,” registered with the U.S. Copyright Office in 2011. The image was created by a professional photographer who transferred exclusive rights to the Plaintiff, including the right to pursue infringement actions. The Defendant, The American Table Restaurant, is accused of displaying the image on its website and social media without permission, using it for commercial purposes without obtaining a license.

Plaintiff discovered the alleged infringement in March 2024 and notified Defendant, but claims Defendant continued to use the image. Plaintiff asserts this unauthorized use violates the Copyright Act 17 U.S.C. § 501, arguing that the infringement was willful, as evidenced by Defendant’s own copyright notice on its website. Plaintiff seeks a declaration of infringement, actual damages, disgorgement of profits, statutory damages, attorney’s fees, and a permanent injunction to prevent further violations.

April 8, 2025

Stung by Infringement? Artist Sues Fort Wayne Allergy Clinic Over Alleged ‘WASP’ Photo Theft

By Overhauser Law Offices, LLC

Plaintiff Harold Davis has filed a lawsuit against Defendant Fort Wayne Allergy & Asthma Consultants, Inc. (FW Allergy) for alleged copyright inf ringement. Davis claims that FW Allergy violated his exclusive rights under the Copyright Act by using his copyrighted photograph, titled “WASP,” without permission. Davis, an allegedly accomplished artist and photographer recognized for his innovative techniques, created the photograph in 2005, and it was registered with the U.S. Copyright Office in 2016.

In addition to his proclaimed status a highly accomplished artist and photographer, Mr. Davis appears to be an accomplished, or at least frequent, litigator. According to Justia.com, he has filed 23 copyright infringement suits across the country since 2017.

FW Allergy, based in Fort Wayne, Indiana, operates a website at www.fortwayneallergy.com to advertise its allergy and asthma services. Davis alleges that FW Allergy used his photograph to promote its business in a post titled “Stinging Insect Allergy” on March 16, 2023, and distributed it online without his consent. Davis asserts that these actions constitute copyright infringement.

April 2, 2025

209 Trademark Registrations Issued to Indiana Entities in March 2025

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 209 trademark registrations to persons and businesses in Indiana in March 2025 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7741242	MAGLOK
7719269	INDIANA HEMOPHILIA & THROMBOSIS CENTER
7719268	INDIANA HEMOPHILIA & THROMBOSIS CENTER
7735806	HOP ON OVER
7727729	POWERS HEALTH

March 31, 2025

Rock ‘n’ Roll or Rights Violation? Bar Hit with Copyright Lawsuit Over Alleged, Unlicensed Music

By Overhauser Law Offices, LLC

The Plaintiffs, House of Bram, Little Nemo Music, and Major Bob Music Co., through their lawyers, have filed a lawsuit claiming that their copyrights have been violated under U.S. copyright law. Their main argument is that the Defendants allegedly played the Plaintiffs’ copyrighted music in public without permission.

Defendant Franklinsteins, LLC is based in Indiana and operates Bud’s Rockin’ Country Bar and Grill in Evansville, Indiana, where the music in question is said to have been played publicly. The other Defendants, Kerry Chesser, Chad Brady, and Mikala Daly-Shemwell, are individuals involved in managing Franklinsteins. The Plaintiffs claim that all Defendants had control over what happened at Bud’s, including the music performances.

The Plaintiffs are members of ASCAP (the American Society of Composers, Authors, and Publishers), which protects the public performance rights for its members’ music. The complaint states that ASCAP has attempted to contact the Defendants more than 70 times through phone, mail, and email, offering them licenses to play the music. Despite these efforts, the Defendants allegedly refused to agree to the terms, and the Plaintiffs argue that the performances at Bud’s without a license are copyright violations.

March 28, 2025

August Image Sues Static Media Over Claims of Unauthorized Use of Iconic Photographs

By Overhauser Law Offices, LLC

August Image, LLC, a company based in New York that represents over 100 photographers, is suing Static Media Inc. (formerly 7Hops.com Inc.) for copyright infringement. The lawsuit involves two photographs owned by photographers Peter Yang and Benedict Evans, who are both represented by August Image. Yang’s photo features Eddie Van Halen and his son Wolfgang, while Evans’ photo shows gamer Tyler “Ninja” Blevins.

The company claims that Static Media used these images without permission on its websites, including Mashed.com and SVG.com, in 2021 and 2020. August Image says Static Media never reached out to get the proper licensing, even though the photos are professional work and not meant to be used freely.

August Image purports to hold the exclusive rights to these photos through agreements with the photographers and argues that Static Media’s actions were a clear violation of copyright. The company is asking for damages, any profits made from using the photos, and for Static Media to cover the legal costs. They also want a court order to stop Static Media from using the images again without permission.

March 24, 2025

Trademark Tug-of-War: Shezan Brands Battle Over Trademark Registrations

By Overhauser Law Offices, LLC

Shezan Services (Private) Limited and Shezan International Limited have filed a legal complaint seeking declaratory judgment and injunctive relief against Indiana companies, Intershez Corporation and Shezan, LLC. The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services’ trademarks in the United States and used these registrations to have U.S. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.

According to court documents, Shezan International, established in 1964, is known for high-quality food and beverage products, including juices, jams, sauces, and canned goods. These products are sold in over 25 countries, including the United States. Shezan Services claims to own the SHEZAN trademark and logo for these products.

Plaintiffs allege that Intershez, formed in 1996 and with a distribution agreement with Shezan International, registered Shezan Services’ trademarks without permission in 2004. They further claim that in 2020, these trademarks were transferred to Shezan, LLC, a company established by the same individuals who previously managed Intershez. The plaintiffs argue that after Intershez was dissolved in 2008, it falsely claimed ownership of the trademarks and used them to record with U.S. Customs and Border Protection (CBP), resulting in the detention of genuine Shezan products.