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Image-IngridBergmanRoseNew Albany, Indiana – Poulsen Roser A/S (“Poulsen”), the Plaintiff, is a family-owned company allegedly world-famous for breeding distinctive rose varieties. Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s.  In addition to being a world-renowned rose and receiving numerous awards, the INGRID BERGMAN rose was apparently inducted into the World Federation of Rose Societies’ Rose Hall of Fame in 2000.

Poulsen claims the Mark, protected under U.S. Federal Trademark Reg. No. 2,990,814 (the “‘814 Registration”), has been used in U.S. commerce continuously since 1986.  Pursuant to 15 U.S.C. § 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Only Poulsen possesses the consent of the heirs of the actress Ingrid Bergman to use her name in connection with roses.

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2021-09-08-ImageIndianapolis, Indiana – Sports Turf Northwest, LLC (“Sports Turf”), the Plaintiff, was apparently organized in October 2012 to become an authorized dealer for Defendants SA Heinen LLC and GreensGroomer WorldWide, Inc. (collectively “GreensGroomer”). According to the Complaint, GreensGroomer manufactures commercial maintenance equipment for the artificial and natural turf industries along with “the first-ever UVC line of maintenance equipment that disinfects surfaces associated with various sports surfaces.” Sports Turf claims it began conducting business with GreensGroomer in October 2012, but that GreensGroomer’s president, Shawn A. Heinen (“Heinen”) could not find an agreement on file on or about April 23, 2018. After negotiating new contract terms, a new agreement (“Agreement”) was apparently entered into on or about May 18, 2018. Continue reading

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The U.S. Patent Office issued the following 188 patent registrations to persons and businesses in Indiana in August 2021, based on applications filed by Indiana Patent attorneys:

Patent No. Title
1 D0929,546 Faucet spout
2 D0929,545 Faucet
3 11,107,702 Method for creating through-connected vias and conductors on a substrate
4 11,107,274 Methods of processing three dimensional models
5 11,107,179 System and method for profiling energy usage of API calls that asynchronously invoke functions
6 11,107,018 Method and apparatus for platooning of vehicles
7 11,105,800 Nano-enzyme containers for test elements
8 11,105,623 Vehicle leveling using handheld mobile device
9 11,105,338 Impeller shroud with slidable coupling for clearance control in a centrifugal compressor
10 11,105,323 Motor drive system and method
11 11,105,245 Reductant concentration diagnostic systems and methods
12 11,105,241 Venturi style injector cone
13 11,105,240 Systems and methods for controlling a shut-off valve of a dosing control system
14 11,105,239 Exhaust component with a helical heater
15 11,105,152 Removable step ladder for recreational vehicle
16 11,105,139 Automatic bed cover door systems for a truck
17 11,105,129 Vehicle door latch security tether
18 11,105,121 Rugged credential input assemblies
19 11,105,075 Adjustable height shower head assembly
20 11,105,027 Cleaning fabric
21 11,105,013 Ionic liquid electrolyte and method to electrodeposit metals
22 11,104,711 Growth differentiation factor 15 agonist compounds and methods of using the same
23 11,104,561 Automatic adapter spotting for automotive lift
24 11,104,497 Degradable materials and packaging made from same
25 11,104,447 Windmill synchronization in an electric propulsion system
26 11,104,402 Methods and systems for producing boat components
27 11,104,072 Methods and apparatus for processing and dispensing material during additive manufacturing
28 11,103,872 Rack positioning system
29 11,103,618 Demineralized bone matrix having improved handling characteristics
30 11,103,398 Flexible overhead arm
31 11,103,358 Joint implants and methods
32 11,103,311 Augmented reality supported knee surgery
33 11,103,289 Interspinous process fusion device and method of use
34 11,103,255 Offset reamer
35 11,103,239 Ratchet staple
36 11,103,169 Systems and methods for a blood collector with enhanced volume using capillary techniques
37 11,103,166 Sensor system and method for manufacturing thereof
38 11,103,035 Light-emitting jewelry
39 D0928,924 Faucet spout
40 D0928,923 Faucet handle
41 D0928,922 Faucet handle
42 D0928,918 Faucet
43 11,101,504 Battery modules and systems for remote command and control of same
44 11,099,180 Immunoassay using at least two pegylated analyte-specific binding agents
45 11,099,171 Communication interface clip for a handheld medical device
46 11,099,154 Method and device for separating metabolites or stereoisomers
47 11,099,149 Test element for electrochemically detecting at least one an analyte
48 11,098,897 Hot surface igniters and methods of making same
49 11,098,730 Deswirler assembly for a centrifugal compressor
50 11,098,681 Cobra head air intake ports and intake manifolds
51 11,098,673 Cylinder head with integrated exhaust manifold
52 11,098,339 Methods for testing enzyme based electrochemical sensors
53 11,098,322 AAD-1 event DAS-40278-9, related transgenic corn lines, and event-specific identification thereof
54 11,098,317 Optimal maize loci
55 11,098,316 Optimal soybean loci
56 11,098,064 Process for the preparation of 6-(2-hydroxy-2-methylpropoxy)-4-(6-(6-((6-methoxypyridin-3-yl)methyl)-3,6- -diazabicyclo[3.1.1]heptan-3-yl)pyridin-3-yl)pyrazolo[1,5-a]pyridine-3-car- bontrile
57 11,098,033 Ku inhibitors and their use
58 11,098,014 Aryl isonitriles as a new class of antimicrobial compounds
59 11,097,991 Phosphorus fertilizer bio-catalyst for sustainable crop production
60 11,097,644 Awning arm with integrated light source
61 11,097,578 Trailer frame with curved drawbars
62 11,097,363 Adjustable positioning structure for feeding support plate of circular sawing machine
63 11,097,060 Infusion device drive unit with blocking device
64 11,097,033 Photoactivated crosslinking of a protein or peptide
65 11,096,853 Surgical patient support for accommodating lateral-to-prone patient positioning
66 11,096,811 Deployment handle for an introducer
67 11,096,810 Preloaded pusher tip for endografts
68 11,096,735 Surgical instruments and methods
69 11,096,684 Method and apparatus for forming a self-locking adjustable loop
70 11,096,611 Method for providing a signal quality degree associated with an analyte value measured in a continuous monitoring system
71 11,096,500 Floor-supported graduated lateral rotation apparatus
72 D0928,290 Faucet
73 D0928,241 Playhouse
74 D0928,189 Display screen with graphical user interface for medical treatment and/or diagnostics
75 11,095,234 Triboelectric nanogenerators
76 11,094,958 Fuel cell module and method of operating such module
77 11,093,667 Method and system for realistic and efficient simulation of light emitting diodes having multi-quantum-wells
78 11,092,983 System control based on acoustic and image signals
79 11,092,613 Method of operating a laboratory sample distribution system, laboratory sample distribution system and laboratory automation system
80 11,092,612 Vessel dispensing system
81 11,092,596 Material and method to screen proteasome stimulators
82 11,092,309 Multi-colored vehicle rear lamp
83 11,092,250 Valve cartridge housing assembly
84 11,092,088 Valve train with cylinder deactivation and compression release
85 11,092,069 Rankine cycle waste heat recovery system and method with improved EGR temperature control
86 11,092,054 Flash-boiling doser with thermal transfer helix
87 11,092,027 Turbine shroud assembly with sheet-metal sealing features
88 11,092,014 Full hoop blade track with internal cooling channel
89 11,091,934 Apparatus and method for installing door locks
90 11,091,901 Faucet handle with angled interface
91 11,091,600 Polymeric material for an insulated container
92 11,091,437 Aryl isonitriles as a new class of antimicrobial compounds
93 11,091,409 Safe aromatics
94 11,091,311 Insulated container and method of making the same
95 11,091,275 Aerial drone operations support base
96 11,091,256 Unmanned aerial vehicles capable of environmental interaction
97 11,091,142 Dynamic powertrain trim template selection and vehicle fleet optimization
98 11,090,829 Slicing machines and methods for slicing products
99 11,090,771 Dual-walled components for a gas turbine engine
100 11,090,650 Method for manufacturing a test element for detecting an analyte in a body fluid
101 11,090,649 Temperature controlled valves for paper-based microfluidic systems
102 11,090,560 Physical device interface for virtual reality system
103 11,090,463 Device with medusa wire group
104 11,090,430 Vented dispensing device and method
105 11,090,427 Device for drug delivery
106 11,090,411 Electron beam irradiated osteoinductive bone implant
107 11,090,357 Bioengineered lactobacillus probiotics and the uses thereof
108 11,090,208 Actuated graduated lateral rotation apparatus
109 11,090,167 Multiple spindle adjustable interbody fusion devices and methods of use
110 PP0033,326 Hybrid tea rose plant named `WEKmostadabre`
111 PP0033,325 Grandiflora rose plant named `WEKpupmobalip`
112 PP0033,323 Ground Cover rose plant named `WEKrahatjacor`
113 D0927,649 Tub spout
114 D0927,648 Faucet spout
115 D0927,628 Inflatable shuttle boat
116 D0927,578 Axle assembly
117 D0927,302 Lid for container
118 D0927,287 Lock cover
119 11,089,716 Cage with an attached heatsink
120 11,087,599 Medical device alert, optimization, personalization, and escalation
121 11,086,296 Additive manufacturing tool
122 11,086,045 System and method of mapping topology
123 11,085,909 Methods and systems for characterizing clay
124 11,085,639 Gas turbine combustor liner with integral chute made by additive manufacturing process
125 11,085,540 Circumferential air riding carbon seal on ceramic runner
126 11,085,525 Systems and methods for abatement of gear rattle
127 11,085,387 Systems and methods for performing engine de-rate control operation of a vehicle
128 11,085,373 Gas turbine engine with mount for interchangeable inlets
129 11,085,346 Mixer for a vehicle exhaust system
130 11,085,318 Turbine shroud assembly with multi-piece support for ceramic matrix composite material seal segments
131 11,085,302 Blade tip for ceramic matrix composite blade
132 11,085,176 Valve assembly for an electronic faucet
133 11,085,175 Pulldown kitchen faucet with spring spout
134 11,085,092 Targeted modification of malate dehydrogenase
135 11,084,912 Radical polymer film with high electrical conductivity
136 11,084,861 GIP/GLP1 co-agonist compounds
137 11,084,738 Methods and systems for separation of chloramines in aqueous solutions
138 11,084,631 Closure
139 11,084,428 Cargo storage system for a vehicle
140 11,084,413 Vehicle having a bed lift in a corner
141 11,084,361 Rolling tonneau cover
142 11,084,023 Phosphate-promoted nickel catalyst for high temperature oligomerization
143 11,083,710 PSMA binding ligand-linker conjugates and methods for using
144 11,083,636 Incontinence detection system capable of identifying urinary or fecal incontinence
145 11,083,607 Delivery balloon with retractable retention cuffs
146 11,083,606 Endograft delivery device assembly
147 11,083,598 Spinal implant and method of use
148 11,083,588 Methods and apparatuses for trialing a humeral head
149 11,083,525 Reverse shoulder pre-operative planning
150 11,083,501 Surgical system and method
151 11,083,445 Knife and retractor system
152 11,083,193 Method of making a composite material including a thermoplastic polymer, a pest food material and a pesticide
153 D0926,969 Autoinjector
154 D0926,939 Faucet
155 D0926,937 Faucet
156 D0926,921 Showerhead
157 D0926,821 Submersible pump assembly
158 D0926,705 Contact
159 11,082,447 Systems and methods for preventing router attacks
160 11,081,822 Printed circuit board having commoned ground plane
161 11,081,232 Medical device data management configuration systems and methods of use
162 11,081,221 Method of predicting and mitigating adverse events
163 11,079,287 Temperature dependent x-ray fluorescence
164 11,078,854 Systems and methods for utilizing cylinder deactivation when a vehicle is in a reverse operating mode
165 11,078,839 Composite nosecone
166 11,078,704 Method and apparatus for adjusting the closing force of a door
167 11,078,686 Modular cylindrical lockset
168 11,078,652 Faucet including capacitive sensors for hands free fluid flow control
169 11,078,545 Detection of bacterial (Mollicutes) contamination
170 11,078,535 Presymptomatic micro RNA targets for treatment of neurodegeneration pathology
171 11,078,513 Enzyme stabilization in electrochemical sensors
172 11,078,511 Aqueous composition
173 11,078,501 Methods of fermenting mixtures that include di- and tri-saccharides formed at low temperature using a maltophilic yeast
174 11,078,332 Carbohydrate polyamine binders and materials made therewith
175 11,078,261 Anti-N3pGlu amyloid beta peptide antibodies and uses thereof
176 11,078,241 Multi-epitope fusion protein of an HCV antigen and uses thereof
177 11,077,616 Apparatus and method for thermal compensation during additive manufacturing
178 11,077,606 Methods and apparatus for compensating for material distortion during additive manufacturing
179 11,077,439 Micro-fluidic system using micro-apertures for high throughput detection of cells
180 11,077,393 Fuel-water separator systems and methods
181 11,077,244 Fluid dispensing device with a flow detector
182 11,077,231 Methods, substrates, and systems useful for cell seeding of medical grafts
183 11,077,166 Nutritional supplements containing a peptide component and uses thereof
184 11,077,019 Auricular peripheral nerve field stimulator and method of operating same
185 11,076,964 Metarsophalangeal joint replacement device and methods
186 11,076,869 Offset orthopaedic reamer handle
187 11,076,825 Surgical instrument to assess tissue characteristics
188 11,076,580 Variable dimension poultry feeder

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The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in August 2021 based on applications filed by Indiana trademark attorneys:

Reg. Number Word Mark
6463659 DEMON SEER
6463658 IMMORTAL SUPERS
6463610 Z5
6463004 PALIBRIO
6462139 SWIMSUITS FOR ALL

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johnson-controls-300x131South Bend, Indiana – Apparently the Plaintiff, Johnson Controls Technology Company (“Johnson”), is a technology holding company for its parent company Johnson Controls International, plc (“JCI”). Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332, 10,684,029, 10,528,013, 8,826,165, 8,190,728, D788,785, D924,888, D924,890 (collectively, “Asserted Patents”).

According to the Complaint, JCI, including Johnson, are competitors with Defendant, Kreuter Manufacturing Co., Inc. d/b/a KMC Controls, Inc. (“KMC”) in the field of building management systems, HVAC systems, and related technological solutions. Johnson claims KMC manufactures, uses, and sells devices, systems, and software that infringe the Asserted Patents. Namely, the KMC TotalControl software suite, the KMC Conquest line of controllers, the KMC ConnectLite software application, the KMC Commander automation platform, and the KMC Commander gateway devices (collectively, the “Accused Products”). Additionally, KMC allegedly “provides its customers with instructions, product information, and technical information, which instruct its customers to use its devices, systems, and software in infringing ways.”

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Indianapolis, Indiana – Apparently Sayre Berman (“Berman”), the Plaintiff, creates photographic images, which she licenses for various uses including online and print publications. Berman claims she took a photograph of Ray Luzier (the “Photograph”) on March 25, 2019 and registered that photograph with the U.S. Copyright Office under Registration No. VA 2-145-705.

Image-300x65

According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc.’s (“Auralex”) website on July 13, 2021. Auralex, the Defendant, apparently also uploaded the Photograph to its Instagram and Facebook accounts. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. Further, the infringing posts each apparently included a URL “for a fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than transitory duration and therefore constitutes a specific infringement.”

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Indianapolis, Indiana – Apparently, Amy Haehl (“Haehl”), the Plaintiff, is a nationally renowned photography that promotes her work through her photography studio, Coffee Creek Studio. Haehl claims she first gained national notoriety in 2018 after she recreated scenes from “A Christmas Story” featuring a baby wearing pink bunny pajamas. Her work has apparently been featured on “Fox & Friends” and the websites for the “Today” show and “Good Morning America.”

Haehl claims that she drew inspiration from her previous success with using model babies to use photo editing software to add teeth to her infant subjects. According to the Complaint, she registered a series of those images with the U.S. Copyright Office as Group Reg. No. VA0002191510. Further, Haehl claims she posted a copyright notice alongside each photograph posted on her Facebook page.

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Ft. Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. (together with Phoenix “Giant Eagle” or “Plaintiffs”) for its use in connection with its getGo® Convenience Stores. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. The acquired stores allegedly include four former Rickers stores in Fort Wayne, Indiana.

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

Mark U.S. Registration No.
GETGO 2,927,502
Picture3 4,864,242
4864240-PICTURE 4,864,240
getGo 4,766,055
Picture3 4,864,437
4864240-PICTURE 4,864,438
getGo 5,037,377
Picture3 5,038,064
4864240-PICTURE 5,037,370
Get To Know GetGo 5,991,999
getGo 6,158,214
Picture3 6,158,213

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Indianapolis, Indiana – The Plaintiff, Van Ausdall & Farrar, Inc. (“VAF”), is apparently one of Indiana’s oldest privately owned office-solutions companies. According to the Complaint, Defendant, Jane Doe aka Denise Gilbey Moe (“Defendant” or “Moe”), was employed by VAF until October 2018. Due to the nature of Moe’s position, she was allegedly granted access to VAF’s social media accounts including its Facebook page during her employment. VAF claims its Facebook page has economic value as it uses the page to market and promote its products and services. Apparently, Moe’s access to VAF’s social media accounts ended when her employment was terminated on October 4, 2018.

Picture1-300x78

Per the Complaint, VAF’s Facebook page was accessed by Defendant on June 1, 2021 using an account with the name “Denise Gilbey Moe.” While Moe apparently denies accessing VAF’s Facebook after her termination, VAF claims the account appears to be owned and controlled by Moe.

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BlogPhoto-4-300x184Hammond, Indiana – Apparently, James E. Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136, and D/341,471 (collectively, the “Patents in Suit”). Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years.

Cross claims Defendants, Dick’s Sporting Goods Inc., Walmart Inc., Kohl’s Inc., and Amazon, Inc. (collectively “Defendants”), have actively induced and contributorily infringed upon the Patents in Suit and his trade dress by importing, offering for sale, and/or selling t-shirts with his ornamental designs without his permission.

While the pro se Complaint is fairly short, Cross attached numerous exhibits not discussed in the Complaint including an order dismissing Cross’ case against Meijer, Inc. due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. Further attached are black and white photos of zip-up bike jerseys allegedly being sold by Defendants.

Cross is seeking an accounting of damages, costs, expenses, and reasonable attorney’s fees pursuant to 35 U.S.C. § 285.

Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant. 35 U.S.C. § 173.

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
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Indianapolis, IN 46204
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