Indiana Intellectual Property Law News

August 9, 2022

PUMA Sues Competitor for Alleged Trademark and Patent Infringement

Indianapolis, Indiana – The Plaintiffs, PUMA SE and PUMA North America Inc. (“PUMA”), are world leaders in the sportswear industry. PUMA SE, based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. PUMA North America Inc. is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue.

PUMA applied for a Federal Trademark registration under Application Serial No. 97171928 for the mark NITRO for footwear, namely, running shoes, training shoes, and basketball shoes. According to the Complaint, in or around December 2021, PUMA requested the Defendant, Brooks Sports, Inc. (“Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. The parties were unable to reach a settlement.

PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark.

August 3, 2022

Patent Office Issues 153 Patents to Indiana Citizens in July 2022

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 153 patent registrations to persons and businesses in Indiana in July 2022, based on applications filed by Indiana patent attorneys:

11399295	Proactive customer care in a communication system
11398463	Edge interconnect self-assembly substrate
11398305	Patient request system and method
11397189	Methods for determining a tumor margin in a tissue using a desorption electrospray ionization (desi) technique
11397187	IGFBP7 for prediction of risk of AKI when measured prior to surgery

August 2, 2022

159 Trademark Registrations Issued to Indiana Companies in July 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in July 2023 based on applications filed by Indiana trademark attorneys:

Registration No.		Word Mark
6797981		BETTER OFF SINGLE
6797949		THE SOCIAL JUSTICE GAME A GAME ABOUT CENTS & SENSIBILITY
6797815		DELL COVE
6791703		PLATFORM (A PRODUCTION COMPANY)
6782465		L L

July 28, 2022

Lafayette Interior Fashions Sues Competitor for Trademark Infringement

By Overhauser Law Offices, LLC

Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB) conducts business under the business name “Lafayette Interior Fashions” in West Lafayette, Indiana. LVB is in the business of designing, manufacturing and selling window treatments, blinds and shades. LVB has a federal trademark registration, with the USPTO, for the word mark GENESIS under Registration No. 3344243 in Class 20 for “window blinds, window shades, and venetian blinds.”

Defendants, Coulisse Distribution LLC and Coulisse Holding USA Inc. (“Coulisse”), are a Florida based company that sells Window Coverings and according to the Complaint sell a certain brand of window treatments and window components for their “Roller Blinds” product under the name “Genesis.” According to the Complaint, LVB has requested Coulisse cease and desist using the mark GENESIS on its products as it is likely to cause confusion with their products because the Infringing Marks are identical or nearly identical to their mark in sound, appearance and meaning.

July 26, 2022

The TELAH Foundation Alleges Copyright and Trademark Infringement in Lawsuit

By Overhauser Law Offices, LLC

Mishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):

- - - - Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
        
        Video Work Beyond human- -the last call (Certificate Number PA000867224)
        
        Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
        
        Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
        
        Federal Trademarks:
        
        HEAVEN’S GATE Registration No. 3,824,482
        
        HEAVEN’S GATE Registration No. 3,816,596
        
        Registration No. 5,148,959

July 21, 2022

Thrivent Sues for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Thrivent Financial for Lutherans (“Thrivent”), is a fraternal benefits society established in 1902 with over 2 million members and over $100 billion in assets under management or advisement. Thrivent and its licensees offer a wide variety of services and products to their members and customers under the THRIVENT Trademarks (listed below), including insurance and annuity products, financial and business advising, mutual funds and investments, individual retirement accounts, trust accounts, financial advisory services, banking and credit union services, lending services, and debit and credit card services.

July 19, 2022

Patent Office Issues 190 Patents to Indiana Citizens in June 2022

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 190 patent registrations to persons and businesses in Indiana in June 2022 based on applications filed by Indiana patent attorneys:

D956,187	Lavatory basin
D956,184	Faucet
D956,182	Faucet
D955,924	Travel trailer
D955,858	Door trim

July 14, 2022

267 Trademark Registrations Issued to Indiana Companies in June 2022

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 267 Trademark Registrations to persons and businesses in Indiana in June 2022 based on applications filed by Indiana Trademark Attorneys:

Reg. No Word Mark

6791703	PLATFORM (A PRODUCTION COMPANY)
6782465	L L
6782459	DESIGNSPINE
6783940	MIRES METHOD
6782252	I
6774926	NO PUP, NO PROBLEM
6768187	NCAA MARCH MADNESS
6760355	GET A MATED SET IN SECONDS

June 29, 2022

AAA Sues Local Body Shop for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The American Automobile Association, Inc. (“AAA”), the Plaintiff, is a not-for-profit, non-stock Connecticut Corporation. AAA provides approximately 60 million members with products and services throughout the United States and Canada. The products and services include automobile repair services at its AAA Car Care Centers and through AAA Approved auto repair businesses, financial advice, insurance and warranty coverage, and discounts. AAA provides its products and services through local AAA member clubs, including AAA Hoosier Motor Club. Since as early as 1902, AAA has uses more than 150 trademarks in connection with automobile-related products and services offered to its members.

June 28, 2022

Staffing Agency Sues Former Executive for Alleged Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Peoplelink, LLC (“Peoplelink”), a Delaware Corporation, filed suit in the Northern District of Indiana alleging that Defendant, Kelly Boutell, a former employee of Peoplelink, infringed their rights under the Federal Defend Trade Secrets Act, 18 U.S.C. § 1832, the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. § 1030 and committed Breach of Contract.

According to the Complaint, Boutell was employed by Peoplelink for over 20 years in various roles such as Certified Sales Trainer, Vice President of Fulfillment, and Senior Regional Vice President. Boutell was one of two Certified Sales Trainers. She conducted two-to-three annual sales training sessions for all of Peoplink business entities and functioned informally as a sales leader for Peoplelink’s entire footprint.