Conversion

February 21, 2023

Central Illinois Railroad Sues Former Employee for Misappropriation of Trade Secrets

Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels.

Per the Plaintiff’s website, IC is headquartered in Chicago, Illinois, and has been in business for 148 years. Its Slogan, “The Main Line of Mid-America,” perfectly describes its unique north-south routing running from Chicago to the Gulf Coast.

According to the complaint, the Defendant, Michael Belcher (“Belcher”) is a resident of Crown Point Indiana. He was employed as a Senior Manager for IC for 20 years until he was terminated on October 19, 2022. Belcher’s duties included writing software code for IC’s financial data systems that included, but was not limited to, IC’s systems for financial metrics, financial records, and compliance. Belcher served as the key point of contact for financial analysis, performance tracking, and corrective action related to Basic Capital budgets for all levels of Engineering management. He also participated in IC’s Share Units Plan and was awarded Performance Share Units (“PSUs”). Each time he was awarded PSUs, he received and accepted an award letter that contained a Confidentiality Clause. This prohibited him from revealing, disclosing or making known any Confidential Information without prior written consent from IC. Belcher also received regular training on the Company’s Code of Business Conduct that requires every employee to safeguard Company assets and intellectual property. The Code of Conduct also contained provisions defining Company Confidential Information, and prohibitions against disclosure.

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.

June 28, 2021

Defendants File Notice of Removal in Case Filed by Noble Roman’s

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Defendants, Gateway Triangle Corp., 7405 Indy Corp., 850 Indy Corp. Northlake Marketing, LLC and Thomas M. Collins, in a suit originally filed by Noble Roman’s, Inc. in the Superior Court of Marion County, Indiana filed a Notice of Removal to the United States District Court for the Southern District of Indiana.

According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand. Noble Roman’s claims while they had a Franchise Agreement with Defendant Gateway, that Franchise Agreement terminated on December 31, 2019. Noble Roman’s filed suit seeking damages for Defendants’ alleged conversion and theft of Noble Roman’s property rights in violation of Indiana Code §§ 35-43-4-3 and 34-43-4-2. The Complaint further sought damages for breach of the Franchise Agreement, trademark infringement of U.S. Registration Nos. 987,069, 1,920,428, and 1,682,308, and unjust enrichment.

Defendants claim the case is removable under 28 U.S.C. § 1441 in part because federal question jurisdiction exists as Noble Roman’s asserted a federal claim under the Lanham Act. Further, Defendants assert the Southern District of Indiana has supplemental jurisdiction of the state law claims under 28 U.S.C. § 1367(a) because they form part of the same case or controversy as the federal trademark claims.

April 2, 2020

Court Enters Temporary Restraining Order to Protect Trade Secrets

By Overhauser Law Offices, LLC

South Bend, Indiana – The United States District Court for the Northern District of Indiana entered a Temporary Restraining Order against Darkhorse Cargo, Inc. (“Darkhorse”) and its employees (collectively “Defendants”) regarding trade secrets and confidential information of Plaintiff, RC Trailers, Inc. (“RC”).

RC manufactures and distributes cargo and specialty trailers throughout the United States. According to RC, it expends a lot of time, effort, and expense to maintain dealer and vendor relationship using trade secrets and confidential business information. RC claims it uses confidentiality provisions in its employee handbooks, passwords, disclaimers on confidential communications, and o

RC’s former president, Defendant Bryan Johnson (“Johnson”), ended his employment with RC in September 2018 and signed an agreement that contained non-solicitation and non-recruitment covenants that expired one year later. After Johnson’s departure, he claims many RC employees were unhappy to see him leave and wanted to work for him elsewhere. In the spring of 2019, RC promoted Defendant Joseph Kiefer (“Kiefer”) from CFO to acting General Manager. Kiefer claims that RC employees were talking about wanting Johnson to open his own trailer company prior to Kiefer terminating his employment with RC in June 2019. Prior to his leaving RC, Kiefer allegedly tried to recruit RC’s sales professional to join Darkhorse, indicating the business would be started by Kiefer and Johnson in the near future. RC claims that unbeknownst to it, Kiefer deleted the post-employment restrictions in his non-compete agreement before signing and returning it to RC upon his departure.

December 9, 2019

Indiana Trademark Litigation: Dean Potter LLC Sues LG for Unauthorized Use of Video Footage

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Dean Potter LLC (“Potter LLC”), an Indiana limited liability company, filed suit in the Southern District of Indiana alleging that Defendants, LG Electronics USA, Inc. (“LG”), a Delaware corporation, and DOES 1 – 10, infringed its intellectual property rights, including the right of publicity. Potter LLC is seeking injunctive relief, judgment including statutory damages, and attorneys’ fees.

According to the Complaint, Potter LLC “is the exclusive owner of the name, likeness, image, right of publicity and endorsement, trademarks, and other intellectual property rights of the late Dean Potter.” Potter LLC claims Mr. Potter was a well-known extreme sports athlete who was featured in National Geographic for his stunts including highlining, BASE jumping, and rock climbing. Mr. Potter was allegedly featured traversing a highline in the short film entitled Moonwalk, that was shot in 2011 and published by 2012. It is alleged that no one else has recreated Mr. Potter’s performance in Moonwalk and that Potter LLC is the owner of Mr. Potter’s right of publicity and common law trademark rights in the film.

Potter LLC alleges Defendants utilized footage from Moonwalk in which Mr. Potter was traversing the highline in its commercial entitled “Listen. Think. Answer.” (the “Commercial”). According to the Complaint, LG is a multi-billion dollar corporation that has previously protected and enforced its intellectual property rights, meaning it is aware of the need to obtain a license for using Mr. Potter’s right of publicity and or likeness or commercial purposes. However, Potter LLC claims it was not approached by Defendants regarding a license for the Commercial and it never authorized Defendants to use Mr. Potter’s likeness. Potter LLC further claims Mr. Potter, during his life, “rejected the corporate, commercial, and competitive worlds that sought to profit from his art without understanding it”.

July 3, 2019

Indiana Trademark Litigation: Fort Wayne Transportation Company Seeks Damages for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Attorneys for Plaintiff, North American Van Lines, Inc. (“NAVL”) of Fort Wayne, Indiana, filed suit in the Northern District of Indiana alleging that Defendant, Kettering Moving and Storage, Inc. (“Kettering”) of Dayton, Ohio, infringed its United States Trademark Registrations.

NAVL is seeking preliminary and permanent injunctions, profits, actual damages, costs and attorney’s fees, investigatory fees, and further relief the court deems appropriate.

NAVL claims it has been providing transportation services since 1933 and has been using the marks NORTH AMERICAN and NORTH AMERICAN VAN LINES in connection with those services for many years. According to the complaint, there are seven registered marks at issue in this case. NAVL claims it has licensed companies to act as NAVL Agents including the right to use NAVL’s registered marks, but it has been careful in limiting such licensing activities. NAVL asserts that through its use of its registered marks and the control it maintained in their use through licensing agreements, the registered marks have acquired a secondary meaning.

Per the complaint, Kettering provides moving and storage services throughout the world. NAVL claims it had an agency contract with Kettering prior to July 24, 2018 in which Kettering was allowed to use NAVL’s registered marks. However, NAVL asserts that it terminated that relationship through a letter sent to Kettering on July 24, 2018. After being informed Kettering was still utilizing NAVL’s registered marks, NAVL claims it informed Kettering to cease and desist on February 28, 2019. NAVL claims Kettering disregarded this cease and desist and continues to display NAVL’s registered marks on its vehicles and signs.

May 17, 2019

Indiana Copyright Litigation: Trade Design Studio Seeks Damages for Alleged Copyright Infringement and Conversion of Architectural Drawings

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Trade Design Studio LLC (“TDS”) of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, 1824 Carrollton LLC of Fishers, Indiana, T.A.K.E 3 Investments LLC of Camby, Indiana, and Tena Allen of Camby, Indiana, infringed its rights in United States Copyright Registration No. VA 2-142-029. Plaintiff is seeking judgment, damages, reasonable attorney’s fees, and any other appropriate relief.

According to the complaint, TDS is a residential architectural design firm that has designed homes for clients primarily in Herron Morton Place, Fall Creek Place, and Kennedy King neighborhoods in downtown Indianapolis since 2006. TDS claims that no two of its homes are exactly alike. TDS alleges it drafted technical drawings (the “Technical Drawings”) for a new home to be built at 2134 N. New Jersey Street, Indianapolis, Indiana in 2017 (the “TDS Home”). According to TDS, the home was completed in April 2018 and sold for $700,000 in May 2018.

After the home sold, TDS applied for Certificates of Copyright Registration for the Technical Drawings, Registration No. VAu 1-350-598, and the Architectural Work, Registration No. VA 2-142-029. TDS claims they were informed of a home being built at 1824 Carrollton Avenue (the “Carrollton Home”) in the Kennedy King Neighborhood that was very similar to the TDS Home around February 28, 2019. Once TDS accessed and reviewed the construction permits and drawings for the Carrollton Home, it claims they were virtually identical to those for the TDS Home.

According to the publicly accessible information TDS found, it believes Tena Allen and T.A.K.E. 3 Investments applied for the construction permits and submitted the technical drawings for the Carrollton Home. Further, TDS believes 1824 Carrollton LLC is the current owner of the property for the Carrollton Home. TDS alleges it sent Defendants a cease and desist letter on March 28, 2019 and after a short suspension of construction to explore negotiations, Defendants resumed construction on or about April 8, 2019.

TDS is seeking damages for copyright infringement, conversion, and criminal conversion pursuant to the Indiana Crime Victims Recovery Act.

December 13, 2018

Indiana Trademark Litigation: LeSEA, Inc. of Indiana Sues LeSEA Broadcasting Corporation of Colorado

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiffs, LeSEA, Inc., Family Broadcasting Corporation (“FBC”), and LeSEA Global Feed the Hungry, Inc., all three Indiana non-profit corporations, filed suit in the Northern District of Indiana alleging that Defendants, LeSEA Broadcasting Corporation (“LBC”), a Colorado non-profit Corporation, Lester Sumrall of Bristol, Indiana, Dr. John W. Swails III of Tulsa, Oklahoma, and Edward Wassmer, Vice President of LBC, infringed its rights in United States Registration No. 2,206,912 for “LESEA GLOBAL FEED THE HUNGRY” and United States Registration No. 2,122,820 for “LESEA GLOBAL”. Plaintiff is seeking damages, litigation expenses, reasonable attorneys’ fees and costs.

LeSEA, Inc. was founded in 1957 by Dr. Lester Frank Sumrall, now deceased, and has been a Christian, non-profit operating a variety of ministries including a bookstore and a Bible college ever since. LeSEA Global oversees food and disaster relief efforts for LeSEA, Inc. and has delivered more than $200 million of food and supplies to hungry people around the world through generous donations. FBC, formerly known as LeSEA Broadcasting, operates television and radio stations along with a 24-hour prayer line, and other religious based programs.

According to the Plaintiffs, Defendant Lester Sumrall (“Lester”) has a false belief that he is the “rightful spiritual and legal heir” of LeSEA and based upon this belief, he has continually acted in an abusive, harassing manner towards LeSEA and his family members involved in the company. As such, Lester has attempted to interfere with LeSEA’s relationships with its lenders and clients, sought injunctions against it, and filed improper leans against LeSEA. Lester issued multiple press releases, utilizing the LeSEA registered marks, spreading false claims about LeSEA stating that it was under investigation by The Office of the Indiana Attorney General and that it had been mismanaged, which could endanger the organization’s tax-exempt status. Lester has also tried to interfere with the administration of multiple family members’ estates and even a family member’s divorce due to his false beliefs.

November 7, 2017

Indiana Patent Litigation: Indianapolis-Based Home Healthcare Company Sues Former Employee for Ownership of Patent

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Home Care Providers, Inc. and Dr. Dev A. Brar, of Indianapolis, Indiana filed suit in the Southern District of Indiana against Defendant, Shawn R. Bashore, of Carmel, Indiana. This suit was filed for inventorship of the United States Patent No. 9,668,328 (“the ‘328 Patent”), Night-Light and Alert System, for constructive fraud, and conversion of the patent. Plaintiff is seeking declaratory judgment, lost profits, and reasonable costs and attorneys’ fees.

The ‘328 Patent is for a system including a mat and a wirelessly-connected light, the purpose of which is to allow an individual to rise from bed and turn on the lights by stepping on the mat.

According to the complaint, Plaintiff alleges that Defendant, while overseeing development of the invention, represented himself as a co-inventor on the patent application, which violated provisions of the employment agreement requiring that all material created would belong to Plaintiff. Further, according to the complaint, Defendant has attempted to profit from licensing the invention.

December 27, 2016

Indiana Trademark Litigation: Carmel Golf Merchant Accused of Counterfeiting

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiffs Acushnet Company of Fairhaven, Massachusetts, Roger Cleveland Golf Company, Inc. of Huntington Beach, California and Dunlop Sports Co. Ltd. of Hyogo, Japan filed a trademark lawsuit in the Southern District of Indiana. This intellectual property litigation, commenced by an Indiana trademark litigator for Plaintiffs, was filed against both an individual and a business entity.

Listed as Defendants in this lawsuit are Giorgio Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, an individual, and Custom Golf Solutions, LLC, individually and jointly, doing business under the names “bogie’s nearly new golf,” “gnunns81” and “golfcustomsolutions15.” Defendants operate in Indianapolis and Carmel, Indiana.

Defendants are accused of engaging in the sale of counterfeit products and infringing upon Plaintiffs’ trademarks. The following trademarks, to which Acushnet claims ownership and/or an exclusive license, are at issue:

Trademark	Registration No.	Registration Date	Class/Goods
	1,155,766	26 May 1981	IC 28: golf equipment, namely golf balls, golf clubs and golf bags.
	3,376,961	5 February 2008	IC 24: golf towels IC 25: golf clothing, namely jackets, shirts, hats and visors. IC 28: golf equipment, namely golf putters, golf club head covers, golf club grips and divot tools.
	2,620,432	17 September 2002	IC 28: golf clubs and accessories, namely golf tees, golf gloves, golf bags, golf putters, golf drivers, golf woods, golf irons, golf green repair tools, golf club covers and golf bag covers.
	3,421,373	6 May 2008	IC 28: golf equipment, namely golf bags.