Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability. Hiker contends that Hyk’s use of the marks “HYK OUTDOORS” and “HYK DESIGN” has led to consumer confusion, with potential customers mistakenly associating Hyk’s products with Hiker.

The lawsuit asserts that Hyk, which began using its marks in 2020, is unfairly capitalizing on the reputation that Hiker has built with its own trademarks, specifically the “HIKER TRAILER” andPic-5 “HIKER DESIGN” marks. According to Hiker, its years of investment in the trailer business have led to the development of a strong brand identity, which is at risk due to the similarities between the two sets of marks. Hiker claims that this confusion has resulted in lost sales and damage to its reputation, as consumers may believe that Hyk’s products are affiliated with Hiker.

Hiker is the registered owner of the “HIKER TRAILER” and “HIKER DESIGN” marks, which are used in connection with trailers and related goods. These marks have been featured in advertising, on product labels, and on apparel, contributing to Hiker’s brand recognition. Hyk, a company formed in 2019, began using its similar marks more than a decade after Hiker had first established its own. Despite this timeline, Hiker claims that the use of these similar marks by Hyk has caused confusion in the marketplace, leading to harm for Hiker’s business.

Pic-4AWGI, LLC and Atlas Van Lines, Inc. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Plaintiffs claim that Defendants are unlawfully using the “Atlas” mark, which is associated with decades of goodwill and recognition in the moving and storage industry.

According to the complaint, Atlas Van Lines was founded in 1948 and has become a globally recognized brand, with over 430 independent agencies and partners in 140 countries. They own trademarks related to “Atlas,” which have been heavily promoted through advertising, online presence, and community engagement. Over the years, Atlas has built a reputation for high-quality service and earned substantial goodwill in its marks.

Defendants AMG and UBM are accused of using the “Atlas” name and logo on their website, and in their marketing materials. Plaintiffs argue that this usage creates confusion among consumers, who mistakenly believe AMG’s services are affiliated with Atlas Van Lines. Plaintiffs allege that this unauthorized use dilutes the distinctiveness of the Atlas Marks and harms their business reputation.

Caitlin V. Neal, a prominent sexologist and sexual health coach, has filed a lawsuit against an e-commerce merchant based in China for using her likeness without consent to promote its products. Neal, who has built a significant online presence across platforms like YouTube, Instagram, TikTok, and Facebook, alleges that the defendant used her image in online ads for adult wellness products she does not endorse. Neal’s legal complaint centers on false endorsement under the Lanham Act and misappropriation of her right of publicity under Indiana law.Pic-3

What makes this case particularly unusual is that the defendant’s identity is currently unknown. The complaint notes that “The name of the Point-of-Sale Site and other information that may be used to identify Defendant is being filed under seal. Plaintiff seeks leave to do so because Plaintiff intends to move for a temporary restraining order, through which the Court would impose a temporary asset freeze with respect to Defendant’s money transfer platform(s). In the absence of a temporary asset freeze, Plaintiff believes that Defendant would obtain advance notice of this suit and would transfer assets abroad, thereby frustrating this Court’s future rulings. Plaintiff also intends to seek expedited discovery, through which Plaintiff would receive additional information from third-party online marketplace platform(s) to further help identify Defendant.”

This suit reflects the challenges of pursuing legal action against anonymous or foreign entities in the digital age. Neal’s legal team is taking precautions to prevent the defendant from hiding assets abroad before a judgment can be made. Through the temporary restraining order and expedited discovery, they hope to uncover the defendant’s identity and ensure that any ruling in the case can be enforced.

Pic-2-300x242Novartis is a Swiss pharmaceutical company known for developing innovative medicines and therapies, particularly in the radiopharmaceutical market. The company is taking steps to strengthen its position by filing lawsuits against competitors over alleged patent violations concerning its top cancer therapies, Pluvicto and Lutathera. These actions began in 2024 and involve Eli Lilly, its subsidiary, Point Biopharma, Lantheus, and Curium Pharma.

In June 2024, Novartis and the Purdue Research Foundation filed a lawsuit in Indiana, claiming that Lilly’s PNT2002 infringes on their U.S. Patent No. 10,624,970.  Because PNT2002 describes similar conjugates and methods to treat the same kind of cancer (prostate) that Pluvicto is designed to treat, Novartis alleges direct competition with their product.

Lilly and the other defendants have requested the Court dismiss the lawsuit, arguing it is not in direct competition, as PNT2002 is not yet ready for the market and may not even receive regulatory approval by June 2025.

The U.S. Trademark Office issued the following  244 trademark registrations to persons and businesses in Indiana in October 2024 based on applications filed by Indiana trademark attorneys:

Registration    Number                        Wordmark
7518951 SOUTHERN INDIANA
7519940 ANDERSON PREPARATORY ACADEMY JETS
7519942 ANDERSON PREPARATORY ACADEMY 2008
7532204 INDIANA FARMERS’ DAIRY BAR SINCE 1941
7534427 ENVIRON
7525981 PILLARS OF TRANSFORMATION

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Pic-1Plaintiff William Miller filed suit against Empire News, LLC (Defendant) for the unauthorized use of a copyrighted photograph depicting migrants being displaced from the Watson Hotel. The lawsuit asserts violations of the Copyright Act (17 U.S.C. §101 et seq.) and the Digital Millennium Copyright Act (17 U.S.C. §1202(b)).

The Plaintiff asserts exclusive rights to the photograph in question, which he reports was first published on January 30, 2023, and later registered by the U.S. Copyright Office on April 1, 2023. Miller claims that the Defendant displayed this image on its website on January 30, 2023, without the proper permission or licensing, thereby violating copyright law.

Empire, LLC, is alleged to have profited from the unauthorized display, thus undermining the Plaintiff’s market for the photograph. The Plaintiff claims that the Defendant failed to implement adequate policies to verify copyright ownership, which indicates negligence in ensuring compliance with copyright law.

On October 11, 2024, the United States District Court for the Northern District of Indiana announced an important development for Fort Wayne’s legal community: Andrew L. Teel has been chosen as the new United States Magistrate Judge. He will take over from the Honorable Susan L. Collins, who will retire in July 2025 after a remarkable career spanning thirty-seven years.

Teel, who earned his degrees from Indiana University Bloomington and the College of William & Mary Law School, brings a wealth of experience to this role. His career includes significantAndrewLTeel positions in both private practice and public service, notably serving as a law clerk for Judge Holly A. Brady since 2019. His background in federal litigation positions him well to handle the challenges of a magistrate judge.

In addition to his professional achievements, Teel has shown a strong commitment to the local community. He has actively participated in the Allen County and Indiana State Bar Associations, recently serving as President of the Allen County Bar Association. Teel is also involved with the Community Advisory Board for the Fort Wayne Sexual Assault Treatment Center.

The U.S. Patent Office issued the following 211 patents to persons and businesses in Indiana in September 2024:

PATENT NUMBER                                                    PATENT TITLE
US 12098575 B2 Transverse concealed latch system
US 12096989 B2 Plan implementation
US 12096745 B2 Animal crate with swing or drop door assembly
US 12097128 B2 System and method for preparing a patient’s femur in an orthopaedic joint replacement procedure
US 12098537 B2 Modular clearspan building, and modular building sections and construction methods therefor

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Plaintiff Forest River, Inc. has filed a lawsuit against Defendant Sharpline Converting, Inc. over claims of willful trademark infringement. Forest River, a leading manufacturer in the recreational vehicle (RV) industry, argues that Sharpline’s partnership with inTech Trailers, Inc., a direct competitor, has significantly harmed its brand identity and reputation.

Founded in 1996, Forest River is well-known for producing high-quality RVs, including travel trailers and cargo trailers. In a Previous Lawsuit, the company was awarded $5.56 million in damages after a federal court found that inTech Trailers had willfully infringed on Forest River’s trademarks—specifically the DELLA TERRA mark and the unique Forest River Mountain logo. The situation is compounded by the fact that both companies target the same customer base and utilize similar dealership networks, making it easier for consumers to become confused.

PicSharpline operates a manufacturing facility in Elkhart, Indiana, where it provides design and branding services to inTech. Forest River contends that Sharpline willfully and knowingly contributed to inTech’s infringing activities while designing, creating, and manufacturing the “Terra” and new mountain design graphics for inTech’s infringing Terra Travel trailers. Forest River further claims that the relationship between Sharpline and inTech has led to market confusion, undermining the significant investment Forest River has made in marketing its products.

The U.S. Trademark Office issued the following  202 trademark registrations to persons and businesses in Indiana in September 2024 based on applications filed by Indiana trademark attorneys:

Registration    Number        Wordmark
7494237 MUNSTERFEST
7512388 APA JETS
7502813 KAIBAN
7504091 AAAI RECORDS
7509510 AAAI RECORDS

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