Indiana Intellectual Property Law News

May 11, 2023

Chanda J. Berta Selected as Clerk of Court

South Bend, Indiana – On behalf of the judges of the United States District Court for the Northern District of Indiana, Chief Judge Jon E. DeGuilio announced that Chanda J. Berta has been selected as the next Clerk of Court effective May 8, 2023.

Ms. Berta joined the Northern District of Indiana in January of 2007 as a law clerk to the late Judge Allen Sharp. Ms. Berta’s long tenure with the court has included serving in the capacities of acting clerk of court, chief deputy, divisional manager, and career law clerk. Before joining the federal judiciary, Ms. Berta worked as an Associate at Hunt Suedhoff Kalamaros LLP, now known as Hunt Suedhoff Kearney LLP. Ms. Berta graduated summa cum laude from DePauw University and received her Juris Doctorate from Valparaiso University School of Law. She is a first-generation college graduate and native to South Bend.

Chief Judge DeGuilio stated, “Chanda is uniquely qualified to serve our district by virtue of her diverse experience as a law clerk to several judges, a practicing attorney, and having held several leadership positions within the Clerk’s Office. She possesses the intellect, work ethic and professional commitment to assist in the effective administration of justice through the critical resources of her office. I know I speak for all our judges when I express my appreciation for her service and welcome her to her new role.”

May 10, 2023

Patent Office Issued 172 Patents to Indiana Entities in March 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 172 patents to persons and businesses in Indiana in March 2023:

Patent Number	Patent Title
US 11612598 B2	Compounds and methods for the treatment of cancer
US 11613705 B2	Method and system for gasification of biomass
US 11615871 B2	Patient-specific medication management system
US 11612522 B2	Absorbent article with selectively positioned waist containment member
US 11612652 B2	Lipids as synthetic vectors to enhance antigen processing and presentation ex-vivo in dendritic cell therapy

April 18, 2023

Amazon Storefront Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Delta Faucet Company (“Delta”), founded in 1954, known as “America’s Faucet Innovation Leader” filed suit against Amazon Storefront Owner Ben Watkins (“Watkins”) for Trademark Infringement under 15 U.S.C. §§ 1114, Unfair Competition under 15 U.S.C. 1125(a) and Common Law Trademark Infringement and Unfair Competition.

According to the complaint, Delta markets and sells high quality kitchen, bar, beverage, bathroom, and tub faucets; pot fillers; sink and counter accessories; showerheads; bathing products; towel bars and similar accessories. Delta allows its products to be purchased by end-user consumers in the United Sates only from Delta itself of from sellers who are expressly authorized by Delta to sell Delta Products (“Authorized Sellers”). Delta permits Authorized Sellers to sell Delta Products in approved channels only and requires Authorized Sellers to abide by agreements, policies, and other rules that impose requirements relating to quality controls, customer services, and other sales practices (collectively, the “Delta Rules”).

Delta has registered numerous trademarks with the United States Patent and Trademark Office including those listed in the table below:

April 13, 2023

Patent Office Issued 204 Patents to Indiana Entities in February 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 204 patents to persons and businesses in Indiana in February 2023:

Patent No.		Patent Title
US 11589674 B2		Side rail mounted organizer
US 11591937 B2		Remotely mounted idler gear
US 11591003 B2		Stowable steering column
US 11591574 B2		Optical-quality surface that imparts spatial control of macrophage fusion
US 11594682 B2		Semiconducting polymer blends for high temperature organic electronics

April 11, 2023

Matthew P. Brookman Sworn in as United States District 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, announced that Matthew P. Brookman was sworn in as a District Judge this morning. Senior District Judge Richard L. Young, whose seat Judge Brookman fills, administered the oath at the Winfield K. Denton Federal Building and United States Courthouse in Evansville, Indiana.

Judge Brookman was nominated by President Joseph R. Biden on January 3, 2023, and confirmed by the Senate on March 29, 2023. Prior to this appointment, Judge Brookman had served as United States Magistrate Judge for the Southern District of Indiana since February 1, 2016. Chief Justice John G. Roberts appointed Judge Brookman to serve on the Criminal Law Committee of the Judicial Conference of the United States in 2022.

Upon taking the oath, Judge Brookman stated, “I am grateful to have been nominated by the President and confirmed by the Senate as a District Court Judge for the Southern District of Indiana, and I am excited to begin the important work of the United States District Court.”

April 10, 2023

135 Trademark Registrations Issued to Indiana Entities in March 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 135 trademark registrations to persons and businesses in Indiana in March 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
7000658		CHEF KULEZA HOT SAUCE
7014322		WOMEN’S FINANCIAL EMPOWERMENT GROUP
7014448		ITALIAN FLUENCY PATH
7012513		ITALIAN MATTERS
7014445		MYCYBERSCORECARD

April 4, 2023

115+ Year Old Jewelry Store Sues Competition for Trademark Infringement

By Overhauser Law Offices, LLC

Crown Point, Indiana – Plaintiff Albert’s Diamond Jewelers, Inc. (“Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. § 1125(a)(1)(A), Indiana Common Law Trademark Infringement in violation of Ind. Code § 24-2-1-13.5 and Common Law Unfair Competition.

According to the complaint, Albert’s was established in 1905 in a tiny storefront in East Chicago, Indiana. They have grown to one of the largest and most successful family-owned jewelers in the entire country.

Cullen Wulf took over ownership of AaLand Diamond Jewelers in mid-2015, per their website. They tout to be the go-to-store for Northwest Indiana residence looking for custom jewelry, diamond engagement rings, and jewelry repairs. They also proclaim to be Northwest Indiana’s trusted gold & diamond buyer.

March 30, 2023

Professional Photographer Files Copyright Infringement Suit Against Used Car Dealers

By Overhauser Law Offices, LLC

Portland, Indiana – Plaintiff Alexander Bayonne Stross (‘Stross”) has filed suit against Defendants, Lynn Boolman Auto Sales Limited Liability Company and CARSFORSALE.COM, INC. for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information.

According to the Complaint, Stross was inspired by the growth and development of his hometown Austin, Texas to become a professional photographer. He centers his expertise on complicated architectural and landscape photography. Per the StrossStock website, Stross was nominated and accepted as a professional member of the American Society of Photographers in 2016. He received his B.S. in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet.

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. They tout to be a family owned local car business always looking to give the best deal.

Defendant, CARSFORSALE.COM, INC, founded over 20 years ago, is an online auto marketplace operating out of Sioux Falls, South Dakota. Per their website, their goal is to empower customers to find exactly what they need with a click of the button, because car shopping should be as fun as the drive. They serve over 100 million shoppers annually and work directly with over 22,500 dealerships nationwide.

March 28, 2023

Fireworks Company Takes On Competitors For Stealing Their Spark

By Overhauser Law Offices, LLC

Muncie, Indiana – The Plaintiff, 1.4g Holdings, LLC (“1.4g”), filed suit against North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. § 1125 and Misappropriation of Commercial Properties Under Indiana Common Law.

1.4g Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘76 Pro Line. Per their website, ’76 Pro Line’s mission is to provide high quality 1.54g fireworks for hobbyists, enthusiasts, professional shooters, and display companies. ’76 Pro Line items have been featured in displays and product demonstrations at several annual events including Western Winter Blast, Pyrotechnics Guild International, Cobra-Con, and the National Fireworks Association Expo.

North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. (“NCI”) are companies that also produce and sell consumer fireworks. According to its website, NCI is a second-generation, family-owned direct importer and wholesaler of customer 1.4G fireworks. With over 68 years of experience, they serve every pyro need with two distribution points in Muncie, Indiana and Forest Park, Georgia.

March 21, 2023

AI Developing Software Companies Litigate Over Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Disintermediation Services, Inc. (DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement.

DSI is a company that develops and sells software that supports omnichannel communications. DSI built implementations of its products on both Amazon Web Services and Microsoft Azure. Since launching their website in 2011, Disintermediation has handled over one million chat messages.

The Defendant, Perq Software, LLC (“Perq”), according to their website, was founded in 2008 by Andy Medley and Scott Hill, two Harvard Business School alumni set out to untangle a big, hairy problem with multifamily. The PERQ platform combines AI leasing assistant automation with powerful website conversion tools.