The U.S. Patent Office issued the following 160 patent registrations to persons and businesses in Indiana in June 2016, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D760,062 Addison lock escutcheon
2 D760,060 Decorative heavy duty door closer body
3 D760,059 Decorative heavy duty door closer cover
4 9,380,387 Phase independent surround speaker
5 9,379,313 Non-volatile spin switch
6 9,377,452 Method for monitoring the use of a consumable in a disposable design in one or more analyzers
7 9,377,373 System and method for analyzing verbal records of dictation using extracted verbal features
8 9,377,257 Systems for firearms
9 9,376,947 Hybrid valve for attenuation of low frequency noise
10 9,376,491 IL-17 antibody formulation and method of treatment using same

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The U.S. Trademark Office issued the following 212 trademark registrations to persons and businesses in Indiana in June 2016 based on applications filed by Indiana trademark attorneys:

Registration No.  Word Mark Click To View
4988832 LINCOLN COVERED CHOICE TSDR
4988761 FIRE DAWGS TSDR
4988757 FIRE DAWGS CLEANING SERVICES TSDR
4988719 PERCEPTION STRATEGIES TSDR
4988553 DAWG SERVICES TSDR
4988483 BE MOVED BY OUR SERVICE TSDR
4988449 PETFIRST TSDR
4988319 QUICKSILVER TSDR

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Indianapolis, Indiana – A copyright lawyer for Plaintiff Antara Murdock of Philadelphia, Pennsylvania sued in the Southern District of Indiana alleging that Defendant Author Solutions, LLC of Bloomington, Indiana committed copyright infringement.

Murdock, who is also known as Antara Shaddod, contracted with Author Solutions in 2009 to publish his written work, “Journey to Consciousness; Who Am I?,” which included cover artwork created also created by Murdock. According to the complaint, these works have been registered with the U.S. Copyright Office under Registration No. TXu-001821785.

This Indiana litigation arises from a dispute regarding the artwork on the cover of Murdock’s book, which Author Solutions published and marketed for Murdock. Murdock contends that he was dissatisfied with the artwork as the cover for his book and that he relayed this concern to Author Solutions. The complaint states that Author Solutions had asked Murdock to sign to approve the final version of the book, including the art on the cover. In e-mails with the company, Murdock asserted that a signature, which related to the cover artwork and was purportedly his, was fraudulent.

In this federal lawsuit, Murdock contends that, by unlawfully publishing an unapproved draft of his book, Author Solutions “willfully used Plaintiff’s copyrighted Works without his permission and that it published, communicated, benefited through, posted, publicized and otherwise held out to the public for commercial benefit, the original and unique work of Plaintiff without Plaintiff’s consent or authority, and acquired monetary gain and market benefit as a result.”

The complaint lists a single count, copyright infringement. Murdock asks the court for statutory damages of up to $150,000, along with injunctive relief, costs and attorney’s fees.

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Indianapolis, Indiana – A Massachusetts trademark lawsuit filed in July 2015 was transferred to the Southern District of Indiana, Indianapolis Division. Plaintiff Get In Shape Franchise, Inc. (“GIS”), a Massachusetts-based franchisor, alleges that Defendants TFL Fishers, LLC and its sole member, Rosalyn Harris; Thinner For Life, Inc.; and Fit Chicks, LLC, all of Fishers, Indiana infringed its intellectual property rights. GIS asks the Indiana federal court: (1) to order the discontinuation of Defendant’s infringement of its registered trademarks; (2) for injunctive relief due to breach of contract, unfair competition and breach of the covenant of good faith; (3) to order compliance by Harris of her post-contractual obligations.

GIS sells fitness franchises under the service mark “Get In Shape For Women.” Registration Certificates for Plaintiff are as follows:

MARK Reg. No. Reg. Date
“Get in Shape for Women” Service Mark Reg. 3,374,173 Jan. 22, 2008
“Your treatment is complete” Service Mark Reg. 4,241,902 Nov. 13, 2012
“Get in Shape for Women Small Group Personal Training” Service Mark Reg. 4,249,694 Nov. 27, 2012

Plaintiff contends that it entered into such a franchise agreement with TFL Fishers and Harris in April 2013 for use in the Fishers, Indiana market. This agreement provided for payment to the franchisor of a transfer fee as well as a royalty on the franchise’s gross sales. Plaintiff contends that, pursuant to the agreement, Harris also agreed to various restrictions on her activities, including prohibitions on certain activities that would compete with GIS.

According to the complaint, Harris notified GIS on June 24, 2015 that TFL Fishers was discontinuing its franchised business and had closed its Fishers fitness studio. Instead, contends Plaintiff, it discovered on June 30th that the Fishers studio continued to operate but that it had changed its name to “Fit Chicks.” GIS alleges that this was improper. It also accuses Defendants of other wrongful acts, such as willfully underreporting total sales and, consequently, underreporting the royalty fees due to GIS.

Trademark attorneys for Plaintiff list the following claims for the Indiana federal court’s review and adjudication:

• First Cause of Action: Violation of the Lanham Act
• Second Cause of Action: Breach of Contract – Injunctive Relief
• Third Cause of Action: Breach of Contract – Damages
• Fourth Cause of Action: Breach of the Covenants of Good Faith and Fair Dealings
• Fifth Cause of Action: Unjust Enrichment
• Sixth Cause of Action: Unfair Competition

• Seventh Cause of Action: Fraud

Plaintiff seeks damages, including treble damages, along with enforcement of the franchise agreement, equitable relief, attorney’s fees and costs.

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Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana sued Defendant Alliance Hospitality Management, LLC of Raleigh, North Carolina in the Southern District of Indiana alleging copyright infringement.

Bell, an Indiana copyright attorney and professional photographer, asserts that Defendant infringed his intellectual property rights in a photo of the Indianapolis skyline entitled “Indianapolis Photo,” which has been registered with the U.S. Copyright Office as Registration No. VA0001785115.

In this Indiana litigation, which Bell filed on his own behalf, a single count of “Copyright Infringement and Unfair Competition” is listed. Bell asks the court to award the maximum statutory damages allowable, asserting that Alliance Hospitality Management has infringed willfully and “with oppression, fraud, and malice.” Bell seeks injunctive relief, damages, costs and attorneys’ fees.

Practice Tip: Bell is a frequent litigant in Indiana federal courts and has been discussed here on numerous occasions. See:

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

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Indianapolis, Indiana – Plaintiff Newton Enterprises Ltd. of Kowloon, Hong Kong filed a lawsuit in the Southern District of Indiana alleging that Defendant Singleton Trading Inc. of Brooklyn, New York committed patent infringement.

In this Indiana litigation, Singleton Trading, which does business as Elama and Blue Spotlight, is accused of infringing U.S. Patent No. 7,568,720 (the “‘720 Patent”) for a “wheeled vehicle.” The patent covers a wheeled vehicle, such as a tricycle, that can be folded from an in-use position to a storage position for ease of carrying.

Newton Enterprises claims that Singleton Trading has infringed and/or induced others to infringe the ‘720 Patent by “making, using, offering to sell, and/or selling in the United States, and/or importing into the United States, a foldable tricycle that practices at least one invention claimed in the ‘720 Patent.” It lists as an example of such infringement Defendant’s “Zoom Bike.”

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In a complaint filed by an Indiana patent lawyer, a single claim is made: “Infringement of ‘720 Patent.” Plaintiff further claims that Defendant’s infringement has been willful and deliberate, entitling Plaintiff to enhanced damages in addition to compensatory damages. Plaintiff also asks that the court award attorney fees and costs.

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Hammond, Indiana – Trademark attorneys for Plaintiff Indiana Botanic Gardens, Inc. of Hobart, Indiana sued Defendant Snyder Manufacturing Corporation of Long Beach, California, which does business as Eurospa Aromatics and Eurospa Chemicals, alleging trademark infringement and related causes of action.

At issue in the lawsuit is U.S. Trademark Registration No. 1,327,965 for the trademark EUCAMINT for camphorated ointment. Plaintiff states that it owns this registration, which was issued April 2, 1985. It also states that the mark was first used in commerce in 1925. Plaintiff contends that Defendant’s use of EUCAMINT to market an aromatic shower mist infringes its trademark.

Eucamint-ointment.png

This litigation, filed by Indiana trademark lawyers for Plaintiff, asserts the following causes of action:

• Count I: Federal Trademark Infringement
• Count II: Unfair Competition Under Federal Law

• Count III: Common Law Trademark Infringement and Unfair Competition Under Indiana Law

Plaintiff Indiana Botanic Gardens claims that Defendant Snyder Manufacturing acted intentionally and willfully in an attempt to trade upon the goodwill of the EUCAMINT trademark. Plaintiff asks that the court order the payment of damages, including punitive damages. It also seeks equitable relief, costs and attorneys’ fees.

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Washington, D.C. – A unanimous decision by the U.S. Supreme Court this week gave district courts more flexibility to award enhanced damage in cases of willful patent infringement.

This decision consolidated two patent infringement lawsuits, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker Corp. et al. v. Zimmer, Inc., et al, in which Indiana-based Zimmer, Inc. was sued. In each lawsuit, the proper interpretation of the statutory language of 35 U.S.C. §284, which permits district courts the discretion to award enhanced damages in cases of patent infringement, was at issue.

The exercise of that discretion is guided by the principle that enhanced damages are to be limited to cases of egregious misconduct. Prior to this week’s decision, it was also guided by a test elucidated by the Federal Circuit, as set forth in In re Seagate Technology, LLC. This test requires a patent owner to show two things by clear and convincing evidence: first, “that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent” and, second, that the risk of infringement “was either known or so obvious that it should have been known to the accused infringer.”

In a unanimous opinion written by Chief Justice John Roberts, the Court held that while the Seagate standard reflected an appropriate recognition that enhanced damages were to be awarded only in egregious cases, the test set forth by the Federal Circuit “is unduly rigid” and “impermissibly encumbers the statutory grant of discretion to district courts.”

The Court primarily took issue with the requirement that objective recklessness be found, holding that such a threshold “excludes from discretionary punishment many of the most culpable offenders, such as the ‘wanton and malicious pirate’ who intentionally infringes another’s patent–with no doubts about its validity or any notion of a defense–for no purpose other than to steal the patentee’s business.”

The Court also noted that the Seagate test improperly allowed ex post facto defenses in considering culpability. Specifically, under the Seagate test, an infringer could rely on a defense at trial, even if he had been unaware of that defense at the time he had acted. This, the Court held, ignored the general rule that culpability is to be determined by an actor’s knowledge at the time of the conduct in question.

Finally, the Court rejected the requirement that recklessness be proved by clear and convincing evidence, finding it to be inconsistent with §284. Instead, it stated that enhanced damages are no different from patent infringement litigation in general, which “has always been governed by a preponderance of the evidence standard.”

The Court vacated the judgments of the Federal Circuit in both cases and remanded them for further proceedings consistent with the Court’s opinion.

Although this was a unanimous opinion, Justice Breyer authored a concurring opinion, in which Justices Alito and Kennedy joined.

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The U.S. Patent Office issued the following 220 patent registrations to persons and businesses in Indiana in May 2016, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D757,912 Faucet spout aperture
2 D757,908 Faucet handle
3 9,356,492 Electric machine with liquid cooled housing
4 9,355,845 Light induced nanowire assembly
5 9,355,511 Apparatuses and methods for displaying feedback indicators via a keypad
6 9,354,237 Methods for isolating proteins
7 9,354,181 Analytical devices for detection of low-quality pharmaceuticals
8 9,354,125 Highly-reliable micro-electromechanical system temperature sensor
9 9,353,966 System for increasing operating efficiency of an HVAC system including air ionization
10 9,353,962 Roof vent

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Fort Wayne, Indiana – Copyright attorneys for Plaintiff Design Basics LLC of Omaha, Nebraska filed four new infringement lawsuits in the Northern District of Indiana.

The first lawsuit lists Heller & Sons, Incorporated d/b/a Heller Homes and Heller Development Corporation of Fort Wayne, Indiana as Defendants. They are accused of infringing the following architectural works, which have been registered with the U.S. Copyright Office:

Title                                      Copyright Registration Nos.
Plan No. 1032 – Monte Vista    VA 282-203 & 752-162
Plan No. 1380 – Patterson        VA 314-024 & 726-379
Plan No. 1748 – Sinclair           VA 371-214 & 726-353
Plan No. 1752 – Lancaster        VA 371-204 & 756-041
Plan No. 24077 – Baisden         VA 1-044-287 & 1-042-002

Plaintiff Design Basics was joined in this lawsuit by a second Plaintiff, W. L. Martin Home Designs LLC of Jacksonville, Florida. Plaintiffs claim that Defendants’ infringing plans are “Arthur Williams,” “David Mathew 2,” “Greyson,” “David Mathew 1” and “Spencer 5.”

The second lawsuit was filed against Defendant Slattery Builders LLC of Fort Wayne, Indiana. It is accused of infringing the following copyrighted works:

Title                                 Copyright Registration Nos.
Plan No. 8520 – Mindoro     VA 1-074-913 & 1-082-723
Plan No. 42065 – Hepburn   VA 1-671-719 & 1-921-774

Design Basics contends that Defendant is infringing with two plans, “Savannah” and “Oakhurst.”

The third lawsuit, filed against Ideal Suburban Homes, Inc. of Roanoke, Indiana asserts infringement of the following works:

Title                                    Copyright Registration Nos.
Plan No. 8093 – Kirby Farm   VA 729-227, 729-218 & 1-432-411
Plan No. 8095 – Sun Valley    VA 729-290 & 729-256

Defendant’s accused plans are entitled “Double Eagle” and “Calloway.”

In the final lawsuit, Design Basics was joined by two additional Plaintiffs, W. L. Martin Home Designs as well as Plan Pros, Inc. of Omaha, Nebraska. Defendants in this lawsuit, all Indiana entities, are: Fireside Homes Inc.; Fireside Development Company, LLC d/b/a Fireside Homes Development Company; Harth Homes, Inc.; Willies Development Corporation; and Oakbrook Homes, Inc. d/b/a Juniper Homes, Oakbrook Homes, Willie’s Oakbrook Homes and Riverview Lumber and Building Supply Co., Inc.

Plaintiffs contend that the following intellectual property has been infringed:

Title                                    Copyright Registration Nos.
Plan No. 2226 – Wycliffe       VA 434-195, 889-020 & 1-926-485
Plan No. 2245 – Tyndale        VA 434-205, 710-606 & 1-924-168
Plan No. 2377 – Leighton       VA 485-142, 757-614 & 1-942-396
Plan No. 2578 – Kaiser          VA 524-251, 710-606 & 1-928-399
Plan No. 2761 – Mayberry      VA 513-792, 710-606 & 1-926-488
Plan No. 2907 – Ashley         VA 624-090, 624-091 & 826-741
Plan No. 2952 – Francis         VA 624-098, 624-099 & 784-226
Plan No. 8030 – Burton Place VA 729-255 & 748-980
Plan No. 8093 – Kirby Farm    VA 729-218 & 729-227

In this complaint, the following plans are accused: The Concept Home, Model 1400, Model 1200, Model 1600, Model 1650, Model 1700, Model 1900, Model 1800, Model 1300, Model 1478, Model 1759, Model 1971, and Model 2295.

Design Basics seeks damages, injunctive relief, costs and attorneys’ fees.

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