The U.S. Trademark Office issued the following 187 Trademark Registrations to persons and businesses in Indiana in May 2020 based on applications filed by Indiana Trademark Attorneys

Overhauser Law Offices the publisher of this site, assists with U.S. and Foreign Trademark searches, Trademark Applications and assists with enforcing Trademarks via Infringement Litigation and Licensing.

Reg. Number Word Mark
1 6062597 VALUECHARTS
2 6064236 NEOTI
3 6064035 RESPLENDENCE
4 6063944
5 6063915
6 6063914 ADVANCED AGRILYTICS
7 6063631 TURBO TURN
8 6063591 AMG
9 6063421 GIGTEL
10 6063360 EACH LIFE IS PRECIOUS

Continue reading

Lafayette, IndianaLafayette Venetian Blind, Inc. (“LVB”), the Plaintiff, claims it has developed substantial goodwill in connection with its distinctive U.S. Trademark Registration No. 3537759 for the word “Allure” for use in connection with window blinds and treatements. LVB claims that Defendant, Blinds to Go (U.S.), Inc. (“Blinds to Go”), uses the term “Allure” “to sell competing goods to many of the same consumers served by LVB.” According to the Complaint, LVB has demanding Blinds to Go cease and desist from using the “Allure” mark in connection with Blinds to Go’s window treatments, but it has failed to do so.

As such, LVB is seeking declaratory relief that it has superior rights to the term “Allure” and has the right to use the term “Allure” throughout the United States for “manufacturing, designing, and selling window treatments, blinds, shades, and related products and services.” Further, LVB is seeking damages for trademark infringement and unfair competition and false designation of origin under the Lanham Act (15 U.S.C. § 1114 and 15 U.S.C.A. § 1125(a), respectively). Finally, LVB is claiming damages for common law trademark infringement and passing off/unfair competition.

The case was assigned to Judge Phillip P. Simon and Magistrate Judge John E. Martin in the Northern District and assigned Case 4:20-cv-00021-PPS-JEM.

South Bend, Indiana – Real Clear Holdings LLC (“RCH”), the Defendant, is alleged to have copied Plaintiff Christopher Sadowski’s photograph of Mayor Bill de Blasio (the “Photograph”) without a license or authorization. Sadowski claims to be a professional photographer and owner of U.S. Copyright No. VA 2-175-419 for the Photograph. According to the Complaint, Sadowski licensed the Photograph to the New York Post who posted the Photograph with Sadowski’s name in an article on its website on July 25, 2019.

RCH allegedly took the Photograph from the New York Post’s website and used the Photograph on RCH’s website www.realclearmarkets.com/ in an article posted on September 9, 2019. Sadowski claims RCH did not license the Photograph from him and did not have his permission to utilize the Photograph. He further claims RCH removed the copyright management information identifying Sadowski as the photographer as shown on the New York Post’s website and instead credited “YouTube”. Therefore, he is seeking damages for copyright infringement and removal and alteration of copyright management information.

The case was assigned to District Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00215-DRL-MGG.

South Bend, Indiana – Kevin Jairaj (“Jairaj”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs including one of Olympic gold medalist McKayla Maroney (the “Photograph”). Jairaj claims to have registered the Photograph with the U.S. Copyright Office and granted Copyright Registration No. VA 2-112-984. According to the Complaint, Defendant Gray Television ran multiple articles on its websites regarding the alleged sexual abuse of McKayla Maroney featuring the Photograph without a license. Jairaj is seeking damages and statutory relief for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501 and intentionally removing copyright management information pursuant to 17 U.S.C. § 1202.

The case was assigned to District Judge Robert L. Miller, Jr., and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00156-RLM-MGG.

Complaint

Fort Wayne, Indiana – Honorable Judge Holly A. Brady of the U.S. District Court for the Northern District of Indiana granted in part and denied in part Plaintiff North American Van Lines, Inc.’s (“NAVL”) Motion for Entry of Default Judgment against Defendant North American Moving & Storage, Inc. (“NAMS”). The claims alleged in the Complaint included Federal Trademark Infringement (15 U.S.C. §1114); Federal Unfair Competition (15 U.S.C. §1125(a)); Anticybersquatting Consumer Protection Act (15 U.S.C. §1125(d)); and Indiana Trademark Infringement (Ind. Code § 24-2-1-13).

After NAVL first moved for default judgment in this case, the Court set an evidentiary hearing date as to damages. NAVL moved to vacate the hearing claiming it was electing an award of statutory damages. However, the Magistrate Judge denied the vacation of the hearing because there was a discrepancy between the relief sought in the Complaint for actual damages and NAMS’ profits and statutory damages for willful trademark counterfeiting in the Motion for Default Judgment. Continue reading

New Albany, Indiana – Pro se Plaintiff, Eddie M. Green Jr., of Jeffersonville, Indiana, filed suit in the Southern District of Indiana alleging that Defendants, Chain Vault Inc. and its owner, Ara Yavruyan, infringed his rights in United States Patent No. 9,940,796 (the “‘796 Patent”) for “Yellow Fellow Safety Sign.” The ‘796 Patent, issued on April 10, 2018, claims a portable wet floor sign made for the blind and hearing impaired with a motion sensor, a rotating camera, a voice box, a moisture sensor, and various flashing lights. According to the Complaint, Plaintiff’s “business start-up has been stopped” and his product’s name has been damaged due to the Defendants’ infringing actions. Mr. Green estimates the minimum amount in controversy to be $2.8 million.

The case was assigned to District Judge Tanya W. Pratt and Magistrate Judge Debra McVicker Lynch in the Southern District and assigned Case 4:20-cv-00052-TWP-DML.

Complaint

Fort Wayne, Indiana – George Matula (“Matula”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs for a fee. Matula allegedly photographed a horse and registered the photograph as U.S. Copyright No. VA 2-154-421 (the “Photograph”) in 2018. According to the Complaint, Defendant Triple H Magazine ran the Photograph in its publication without licensing the Photograph from Matula in violation of the U.S. Copyright Act. Therefore, Matula is seeking damages for copyright infringement pursuant to 17 U.S.C. § 504(b).

The case was assigned to District Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Northern District and assigned Case 1:20-cv-00071-HAB-SLC.

Complaint

South Bend, Indiana – Attorneys for Plaintiff, Williamsburg Furniture, Inc. (“Williamsburg”) of Nappanee, Indiana originally filed suit in the District Court of Delaware seeking a declaratory judgment of non-infringement against Defendant, Lippert Components, Inc. (“Lippert”) claiming Lippert’s United States Patent No. 8,739,330 (the “‘330 Patent”) is invalid and/or unenforceable. Williamsburg is also seeking judgment for false advertising and unfair competition as it claims Lippert informed Williamsburg’s customers of the alleged patent infringement and caused Williamsburg to lose sales. Upon motion by Lippert, the case was transferred to the Northern District of Indiana.

According to the Complaint, the invention claimed in the ‘330 Patent for a tri-fold sofa was publicly disclosed, in public use, on sale, or otherwise available to the public through third parties not associated with the ‘330 invention more than one year prior to the filing of the provisional patent application. For instance, Patrick Hutmacher claims he purchased a tri-fold chair/bed in August 2010 from a furniture store in McHenry. One month later, a person from the McHenry furniture store allegedly brought a second tri-fold chair/bed to Mr. Hutmacher at his place of employment, Flair Interiors, Inc. (“Flair”), in an attempt to supply the products to the company.

Continue reading

Overhauser Law Offices the publisher of this site, assists with U.S. and Foreign Trademark searches, Trademark Applications and assists with enforcing Trademarks via Infringement Litigation and Licensing.

Reg. Number Word Mark
1 6044389 CAMPAIGN AD-CLOUD
2 6042101 PASIC
3 6042098 KEEP MI SMILE
4 6041679 FOOTFIXR
5 6041624 WEIRD WAVES PODCAST
6 6041422 GONZO MUSEUM
7 6041419 GONZO GALLERY
8 6041347 LONGVIDA OPTIMIZED CURCUMIN
9 6044127 DIAMOND SHINE
10 6044098 JUST ONE PENNY

Continue reading

The U.S. Patent Office issued the following 189 patent registrations to persons and businesses in Indiana in April 2020, based on applications filed by Indiana patent attorneys:

The U.S. Patent Office issued the following 189 patent registrations to persons and businesses in Indiana in April 2020, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D0882736 Faucet handle
2 D0882276 Nonwoven fabric
3 10,637,388 Motor drive with moisture control features
4 10,637,387 Motor control device
5 10,636,583 Material property capacitance sensor
6 10,634,677 Use of acamprosate to modulate ERK1/2 activation in animal models for FXS and ASD and individuals diagnosed with FXS and ASD
7 10,634,659 Test strip ejector for medical device
8 10,634,579 Methods and apparatus for detecting position of a liquid
9 10,634,549 Hospital bed scale calibration methods and patient position monitoring methods
10 10,634,397 Devices, systems, and methods for the rapid transient cooling of pulsed heat sources

Continue reading

Contact Information