Indiana Intellectual Property Law News

December 13, 2022

Patent Office Issues 273 Patents to Indiana Citizens in November 2022

The U.S. Patent and Trademark Office issued the following 273 patent registrations to businesses and individuals in Indiana during November 2022, based on applications filed by Indiana patent attorneys:

Patent No.	Title
US 11497657 B2	Absorbent articles having channels and wetness indicator
US 11497657 B2	Accessing client credential sets using a key
US 11509641 B2	Acoustic panel
US D969351 S	Active control valve for a fluid pump
US 11486386 B2	Adaptive high pressure fuel pump system and method for predicting pumped mass

December 8, 2022

Kendra Klump Selected as United States Magistrate Judge

By Overhauser Law Offices, LLC

INDIANAPOLIS, Indiana – The Honorable Tanya Walton Pratt, Chief Judge of the United States District Court for the Southern District of Indiana, is pleased to announce the selection of M. Kendra Klump for the position of United States Magistrate Judge. Ms. Klump will fill the vacancy created by the recent elevation of the Honorable Doris L. Pryor from Magistrate Judge of the Southern District of Indiana to Circuit Judge of the United States Court of Appeals for the Seventh Circuit.

A Magistrate Judge Merit Selection Committee, chaired by Sara J. Varner, First Assistant Federal Defender for the Indiana Federal Community Defenders, Inc. and consisting of 10 other attorneys and two community members, reviewed numerous applications and recommended finalists for the position. The District Judges of the court interviewed the finalists and selected Ms. Klump.

December 5, 2022

RV Manufacturer Sues Former Employees for Conversion & Trade Dress Infringement

By Overhauser Law Offices, LLC

Elkhart, Indiana – Phoenix USA RV, Inc., (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States.

In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper. Many of the employees became unhappy with the direction of the company under new ownership. They left the company and started Hoosier Custom Cruisers LLC.

According to the complaint, the Defendants, used trade secrets and other information to design and build a directly competing product.

December 3, 2022

177 Trademark Registrations Issued to Indiana Companies in November 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 177 trademark registrations to persons & businesses in Indiana in November 2022 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
6913163		MGI
6913162		RISI
6912977		LOAN BUTLER
6914739		LOVELL’S TRUCKING SOLUTIONS
6912910		ALTERNATIVE DESIGN

December 2, 2022

Honest Abe Roofing Sues Franchisee for Violation of Agreements

By Overhauser Law Offices, LLC

Terre Haute, Indiana – The Plaintiff, Honest Abe Roofing Franchise, Inc. (“Honest Abe”), is an Indiana Corporation with its principal place of business in Terre Haute, Indiana. Honest Abe has been installing, repairing, and maintaining residential roofs since 2005. They have numerous locations in multiple states.

The Defendants, DCH & Associates, LLC, and Honest Abe Roofing of Macon Georgia, LLC, are Georgia Limited Liability Companies. Dameion Harris and Christine Harris are listed as residents of Dacula Georgia and are the sole members of both LLC’s.

November 11, 2022

139 Trademark Registrations Issued to Indiana Companies in October 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 139 trademark registrations to persons and businesses in Indiana in October 2022 based on applications filed by Indiana trademark attorneys:

Registration Number	Word Mark
6884946	ALWAYS SIMPLE ALWAYS SATISFYING SIEMPRE SOUPS
6884869	READY FIT
6886185	M VERSAPRO
6884715	ANTIQUEOLOGY
6884696	ANGEL BABES

October 6, 2022

191 Trademark Registrations Issued to Indiana Companies and Individuals in September of 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 191 trademark registrations to persons and businesses in Indiana in September 2022 based on applications filed by Indiana trademark attorneys:

Registration Number	Word Mark
6884946	ALWAYS SIMPLE ALWAYS SATISFYING SIEMPRE SOUPS
6884869	READY FIT
6886185	M VERSAPRO
6884715	ANTIQUEOLOGY
6884696	ANGEL BABES
6884648	HARVEST FRESH CUBE

October 5, 2022

3CHI Sues Former Marketing Manager for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, 3C, LLC d/b/a 3CHI (pronounced “three-chee”) filed suit against Defendant and former employee, Jai Journay (“Journay”) for Misappropriation of Trade Secrets, Violation of Indiana’s Uniform Trade Secrets Act, and Breach of Employment Agreement.

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance. It started with 3CHI’s first CBN products. CBN was the first mildly psychoactive cannabinoid sold nationally in the USA. Shortly after, they became the first company to create and sell Delta 8 THC. 3CHI is the first company to legally vend THC products as a major sporting event, selling its products at NASCAR races. They also proclaim to have taken a leading role in working with government leaders and agencies around the world to help educate and create sensible legislation surrounding Delta 8 THC and other minor cannabinoids.

Defendant, Journay was hired on July 10, 2020 for a position in Sales and Education. During her employment, Journay was promoted to Marketing Manager. An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7^th, 2021. As the Marketing Manager, Journay had access to nearly all of 3CHI’s Confidential Information and Trade Secrets, including product formulas, recipes, customer lists, customer requirements, consumer data, marketing data and other analytics.

September 30, 2022

Oakley Sues Local Business for Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Oakley, Inc. (“Oakley”), is an American company operating as an independent subsidiary of Luxottica Group S.p.A. Oakley designs, develops and manufactures sports equipment and lifestyle pieces including, sunglasses, sports visors, ski/snowboard googles, watches, apparel, backpacks, shoes, optical frames, and other accessories. Oakley currently holds more than 600 patents for eyewear, materials and performance gear and numerous trademark registrations.

The Defendant, Batter’s Box, LLC (“Batter’s Box”) is an Indiana limited liability company having a principal place of business at 3510 S. Keystone Avenue, Indianapolis, Indiana. According to the Complaint, Shawn Lessor and Brandi Pierson are listed as principal owners, officers, managers and directors of Batter’s Box. Their website describes them as a state of art, year round, indoor facility with over 20,000 square feet of training area, and 18 multi-use indoor batting and pitching tunnels. It is also reported that Batter’s Box engages in the sale of sunglasses and related accessories at youth sports tournaments in Indiana, as well as through its own retail sporting goods store.

September 27, 2022

Former Employee Sues Kilroy’s for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC, Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright Infringement.

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He later was offered the position of AV Intern where his duties included services related to Defendants’ social media accounts and digital presence, assistance with their relationship with Barstool Sports, promotion of events, the creation of marketing and advertising content, which included the production, filming, and editing of video and digital content for the Defendants.