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Indiana Intellectual Property Law News

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Indiana Trademark Litigation: Indiana Botanic Gardens Sues VitalMax Vitamins Alleging Infringing Use of “Accu-Hear”

Hammond, Indiana – Plaintiff Indiana Botanic Gardens, Inc. of Hobart, Indiana filed a trademark infringement lawsuit in the Northern District of Indiana alleging that Almark Products, Inc. d/b/a VitalMax Vitamins (“VitalMax”) of Delray Beach, Florida infringed its trademarked “ACCU HEAR”, U.S. Trademark No. 3,010,289, which has been registered with the…

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Indiana Copyright Law: District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals

Chicago, Illinois – One of the copyright lawsuits of Plaintiff Richard N. Bell of McCordsville, Indiana has been terminated by the trial court. Bell filed an appeal on multiple grounds with the United States Court of Appeals for the Seventh Circuit. This Indiana lawsuit alleged copyright infringement of a photo that…

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Patent Law: Patent Litigation May Be Impacted by Amendments to Federal Rules of Civil Procedure

Washington, D.C. – The United States Supreme Court ordered the Federal Rules of Civil Procedure to be amended following last year’s approval of the changes by the Judicial Conference Advisory Committee. Civil Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84, and the Appendix of Forms…

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Indiana Copyright Litigation: Remaining Copyright Defendants in Bell Lawsuit to be Dismissed

Indianapolis, Indiana – District Judge Tanya Walton Pratt of the Southern District of Indiana denied Plaintiff’s request for partial summary judgment for declaratory relief and injunctive relief against Defendants in a copyright dispute over the use of Plaintiff’s copyrighted photograph of Indianapolis. This lawsuit dates back to June 7, 2011…

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Indiana Copyright Litigation: Copyright Defendant Removes Lawsuit to Federal Court

Indianapolis, Indiana – An Indiana copyright lawyer for Defendant Wrightspeed, Inc. of San Jose California filed a notice of removal in the Southern District of Indiana on the basis of both federal-question jurisdiction and diversity-of-citizenship jurisdiction. Plaintiff Precision Rings, Inc. of Indianapolis, Indiana had filed its lawsuit in Marion County…

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Indiana Trademark Litigation: Trademark Lawsuit Filed Over Use of “All Star” Name

Indianapolis, Indiana – Plaintiff All Star Heating & Cooling, Inc. (“All Star”) of Camby, Indiana sued in the Southern District of Indiana alleging that Quality Heating and Air, Inc. (“Quality Heating”) d/b/a All Star Air and Richard Cusick (“Cusick”) of New Palestine, Indiana are infringing its trade name. Both Plaintiff…

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Indiana Copyright Litigation: Brick Shirt House Alleges Infringement of Copyrighted Image of Beer Mug in the Shape of Indiana

Indianapolis, Indiana – Plaintiff The Brick Shirt House, LLC of Indianapolis, Indiana filed a copyright infringement complaint in the Southern District of Indiana. The lawsuit alleges that Indiana on Tap, LLC of Fishers, Indiana infringed Plaintiff’s copyrighted art work “Drink Indiana,” Copyright Registration No. VA0001895289, which has been registered with…

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Criminal Counterfeit Law: U.S. Marshals Selling Thousands of Bottles of Non-Counterfeit Wine of Convicted Wine Counterfeiter

Washington, D.C. – The U.S. Marshals are currently auctioning approximately 4,711 bottles of wine, deemed authentic, that belonged to Rudy Kurniawan, the man convicted of fraud in federal court in 2013 for producing and selling millions of dollars of counterfeit wine. The wine is being sold in two online auctions,…

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Federal Circuit Patent Law: Quality Control Testing Is Not Patent Infringement; Does Not “Make” a Product as Contemplated Under § 271(g)

Washington, D.C. – The United States Court of Appeals for the Federal Circuit heard a patent infringement lawsuit styled Momenta Pharms., Inc. v. Teva Pharms. USA Inc. on the issue of whether Defendants’ quality control procedures infringed the patent-in-suit. This appeal included a companion case, Momenta Pharms., Inc. v. Amphastar…

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161 Trademark Registrations Issued to Indiana Companies in November 2015

The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in November 2015 based on applications filed by Indiana trademark attorneys: Registration No.  Word Mark Click To View 4844317 SYMPHONY RANGEVUE View 4859897 K-POOL View 4859843 BELLESENTIALS View 4859816 BRUSYBRUSH View 4859491 PAINT YOUR…

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