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Indiana Intellectual Property Law News

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154 Trademark Registrations Issued to Indiana Companies in February 2017

Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing. The U.S. Trademark Office issued the following 154 trademark registrations to persons and businesses in Indiana in February 2017 based on applications filed…

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Indiana Trademark Litigation: Choice Hotels Alleges Former Franchisee is Infringing Econo Lodge Trademarks

Lafayette, Indiana – Choice Hotels International, Inc. of Rockville, Maryland sued in the Northern District of Indiana alleging trademark infringement under federal and Indiana law. Choice Hotels is in the business of franchising hotels.  It offers hotel and motel services under the following brands: CAMBRIA HOTELS & SUITES®, COMFORT INN®,…

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Copyright Law: What Does Copyright Protect?

What does copyright protect? Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way…

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Indiana Patent Litigation: Trial Court Grants Stay in Axiron Lawsuit

Indianapolis, Indiana – The matter of Eli Lilly and Company, et al. v. Apotex Inc., et al. has been stayed pending a ruling by the U.S. Court of Appeals for the Federal Circuit. This Indiana lawsuit was initiated by Lilly, an Indianapolis pharmaceutical company, in conjunction with other Plaintiffs.  Patent…

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Indiana Patent Litigation: Lilly Sues TWi Pharmaceuticals for Patent Infringement

Indianapolis, Indiana – A patent lawyer for Eli Lilly and Company of Indianapolis, Indiana, Eli Lilly Export S.A. of Geneva, Switzerland and Acrux DDS, Pty Ltd. of West Melbourne, Australia filed an intellectual property lawsuit in the Southern District of Indiana. Two Defendants are listed, TWi Pharmaceuticals, Inc. of Paramus,…

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Indiana Trademark Litigation: Vendors of Tanning Products in Dispute over “Beachin’ Life” Trademark

Indianapolis, Indiana – Australian Gold, LLC of Indianapolis, Indiana sued in the Southern District alleging trademark infringement and unfair competition. Plaintiff Australian Gold, which manufactures, distributes and sells tanning preparations, claims ownership to U.S. Federal Trademark Registration No. 5,130,366 for BEACHIN’ LIFE.  It states that it has used this trademark…

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Indiana Trademark Litigation: Trademark Dispute Between Two Veterans’ Museums Heads to Federal Court

Evansville, Indiana – Henager Family Museum, Inc d/b/a National Veterans Memorial of Buckskin, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement. Plaintiff operates a military memorial in Indiana under the trademark “NATIONAL VETERANS MEMORIAL,” U.S. Trademark Registration No. 3,420,974.  That trademark was filed “in connection…

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Seventh Circuit Trade Dress Law: District Court Finds Functionality as a Matter of Law; Seventh Circuit Affirms

Chicago, Illinois – Arlington Specialties, Inc. of Elk Grove Village, Illinois appealed the summary judgment granted by the U.S. District Court of Northern Illinois, Eastern Division in favor of Urban Aid, Inc. of Los Angeles, California. The plaintiff’s and defendant’s bags are shown on the last page: The Seventh Circuit…

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Indiana’s TC Heartland Puts Patent Infringement “Forum Shopping” Issue Before Supreme Court

The Class Action Fairness Act of 2005, was intended to limit “forum shopping” of class actions lawsuits, or in a court where the law was most favorable to the plaintiff, even if the location was not connected with the underlying facts.  However, the Act did not generally apply to patent infringement…

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