Articles Posted in Damages

Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. CO., INC., filed suit against Silver Lake, Indiana company, PAR-KAN CO., LLC for patent infringement under U.S. Patent Laws, 35 U.S.C. §§ 271, 281, 283, 284, and 285.

According to the complaint, Unverferth manufactures, uses, and sells seed tender products protected by legally issued U.S. Patent No. 8,967,940 (“the ’940 patent”) and U.S. Patent No. 9,745,123 (“the ’123 patent”).  In accordance with statutory marking provision of 35U.S.C. § 287(a), Unverferth has affixed serial numbers to its products to identify the patents used in those products.

8767940-Patent-300x258The Plaintiff claims that Par-Kan had knowledge of the ‘940 and ‘123 patents because these patents are continuations of U.S. Patent No. 8,221,047, which Unverferth sued Par-Kan over in a similar infringement case in 2013 and had received subpoenas and a cease-and-desist letter, identifying the patents by numbers.  It is alleged that the Defendant continues to manufacture, use, and sell products that infringe on the claims of the ‘940 and ‘123 patents, which constitutes willful infringement.

https://www.iniplaw.org/wp-content/uploads/sites/366/2023/03/1.4G-BlogComparisonPhoto-1.jpgMuncie, Indiana – The Plaintiff, 1.4g Holdings, LLC (“1.4g”), filed suit against North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. § 1125 and Misappropriation of Commercial Properties Under Indiana Common Law.

1.4g Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘76 Pro Line.  Per their website, ’76 Pro Line’s mission is to provide high quality 1.54g fireworks for hobbyists, enthusiasts, professional shooters, and display companies. ’76 Pro Line items have been featured in displays and product demonstrations at several annual events including Western Winter Blast, Pyrotechnics Guild International, Cobra-Con, and the National Fireworks Association Expo.

North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. (“NCI”) are companies that also produce and sell consumer fireworks. According to its website, NCI is a second-generation, family-owned direct importer and wholesaler of customer 1.4G fireworks.   With over 68 years of experience, they serve every pyro need with two distribution points in Muncie, Indiana and Forest Park, Georgia.

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BlogPhoto-150x150Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC, filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for participating in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Roller Ready, LLC is a company that manufactures and sells rollers for various purposes, including painting, cleaning, and home improvement projects.  Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers.  The founders developed a new product that would allow users to clean paint rollers quickly and easily.  The product, called the Roller Ready System, is a self-contained unit that allows users to clean paint rollers with a minimal amount of water and effort.

Monkey Rung is a product development company that is marketed by LA Systems, LLC which is owned and operated by Paul Kiley.

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2023-03-15-BlogPhoto-1Richmond, Indiana –The Plaintiff, Vandor Group, Inc. (“Vandor”) doing business as Starmark Cremation Products, filed suit against Defendant, Batesville Casket Company, Inc. (“Batesville”), for patent infringement.

Vandor was established in 1972 by Bruce Elder in Richmond, Indiana. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components.  Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions.  According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. They have designed, marketing and manufactured Sensible Solutions for its customers. Starmark prides itself on providing innovative, affordable and high quality products so that their customer can focus on the things that matter most; giving all families the opportunity to lay their loved ones to rest in an affordable yet dignified and respectful manner.

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BTL-Photo-300x258Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc.  filed suit against Defendant, JV Medical Supplies, Inc.  for  trademark infringement,  false advertising and patent infringement.

BTL Industries, founded in 1993, is a leading manufacturer of non-invasive medical devices that are used for cosmetic and therapeutic purposes. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The device is used for body contouring, muscle strengthening, and rehabilitation. The FDA has cleared EMSCULPT for non-invasive treatment for the abdomen, buttocks, arms, calves and thighs.

JV Medical Supplies, a competitor of BTL Industries, also manufactures a similar medical device called the Muscle Stimulator. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications. The Indiana Secretary of State indicates that the corporation was created in 2021.

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MaddenBlogPhoto-300x124Evansville, Indiana – The Plaintiff, MaddenCo, Inc.  (“MaddenCo”) filed suit against former employees, James Reed (“Reed”) and Dru Darby (“Darby”) along with their new employer HG Autotech LLC (“HG Autotech”) for Breach of Contract, Breach of Fiduciary Duties, Tortious Interference, Copyright Infringement, False Advertising, False Representations, False Designations of Origin, Reverse Passing Off and Unfair Competition.

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers. MaddenCo provides systems for retail, wholesale, commercial and retreading operations for independent tire dealers, and retail and commercial solutions for service centers for truck stops, with full integration to their own accounts payable and general ledger solutions. MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022.

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CentralRailroadPhoto-300x203Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels.

Per the Plaintiff’s website, IC is headquartered in Chicago, Illinois, and has been in business for 148 years. Its Slogan, “The Main Line of Mid-America,” perfectly describes its unique north-south routing running from Chicago to the Gulf Coast.

According to the complaint, the Defendant, Michael Belcher (“Belcher”) is a resident of Crown Point Indiana.  He was employed as a Senior Manager for IC for 20 years until he was terminated on October 19, 2022. Belcher’s duties included writing software code for IC’s financial data systems that included, but was not limited to, IC’s systems for financial metrics, financial records, and compliance. Belcher served as the key point of contact for financial analysis, performance tracking, and corrective action related to Basic Capital budgets for all levels of Engineering management.  He also participated in IC’s Share Units Plan and was awarded Performance Share Units (“PSUs”).  Each time he was awarded PSUs, he received and accepted an award letter that contained a Confidentiality Clause. This prohibited him from revealing, disclosing or making known any Confidential Information without prior written consent from IC. Belcher also received regular training on the Company’s Code of Business Conduct that requires every employee to safeguard Company assets and intellectual property. The Code of Conduct also contained provisions defining Company Confidential Information, and prohibitions against disclosure.

HonestAbeLogoTerre Haute, Indiana – The Plaintiff, Honest Abe Roofing Franchise, Inc. (“Honest Abe”), is an Indiana Corporation with its principal place of business in Terre Haute, Indiana.  Honest Abe has been installing, repairing, and maintaining residential roofs since 2005.  They have numerous locations in multiple states.

The Defendants, DCH & Associates, LLC, and Honest Abe Roofing of Macon Georgia, LLC, are Georgia Limited Liability Companies. Dameion Harris and Christine Harris are listed as residents of Dacula Georgia and are the sole members of both LLC’s.

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OakleyBlogPhoto-300x96Indianapolis, Indiana – The Plaintiff, Oakley, Inc. (“Oakley”), is an American company operating as an independent subsidiary of Luxottica Group S.p.A.  Oakley designs, develops and manufactures sports equipment and lifestyle pieces including, sunglasses, sports visors, ski/snowboard googles, watches, apparel, backpacks, shoes, optical frames, and other accessories.  Oakley currently holds more than 600 patents for eyewear, materials and performance gear and numerous trademark registrations.

The Defendant, Batter’s Box, LLC (“Batter’s Box”) is an Indiana limited liability company having a principal place of business at 3510 S. Keystone Avenue, Indianapolis, Indiana.   According to the Complaint, Shawn Lessor and Brandi Pierson are listed as principal owners, officers, managers and directors of Batter’s Box. Their website describes them as a state of art, year round, indoor facility with over 20,000 square feet of training area, and 18 multi-use indoor batting and pitching tunnels.  It is also reported that Batter’s Box engages in the sale of sunglasses and related accessories at youth sports tournaments in Indiana, as well as through its own retail sporting goods store.

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KilroysLogo-300x300Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC, Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright Infringement.

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.  He later was offered the position of AV Intern where his duties included services related to Defendants’ social media accounts and digital presence, assistance with their relationship with Barstool Sports, promotion of events, the creation of marketing and advertising content, which included the production, filming, and editing of video and digital content for the Defendants.

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