Articles Posted in Injunction

Indianapolis, Indiana – Defendant Circle City Broadcasting, LLC d/b/a WISH-TV, is being sued by Plaintiff Christopher Sadowski over alleged copyright infringement.  Sadowski is a photojournalist from New Jersey, who has been published in numerous popular newspapers and magazines. While he holds the licenses to his photographs, court documents explain that Sadowski allows entities to purchase a one-time-use license for themselves.

PhotoForBlog-300x206According to the complaint, in 2019, Sadowski created and copyrighted a photograph titled “062219garbagetruck4CS,” depicting the bustling streets of New York City.  In 2021, Circle City Broadcasting purportedly published Sadowski’s work on their website, without obtaining the necessary licensing. It is alleged that not only did they display the image without consent, but they also cropped out Sadowski’s copyright management information, potentially infringing upon his rights.

Despite Sadowski’s supposed attempts to resolve the matter amicably, Circle City Broadcasting purportedly failed to address the issue satisfactorily. Consequently, Sadowski pursued legal action to address the alleged willful infringement.

China – Plaintiff Guangzhou Shima Decoration Materials Co., Ltd. (Shima), a Chinese corporation specializing in home improvement items and building materials, has brought legal action against Shenzhen Ruimingxiang Technology Co., Ltd. (SRT) for alleged copyright infringement.

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Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.

According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com. Shima alleges that SRT’s actions amount to willful infringement, resulting in substantial financial losses.

In a recent legal case involving Illinois Plaintiff, SAK Group, Inc. and Indiana Defendant, Blue Hill Hospitality, Inc., the complexities of trademark infringement and its legal implications came to the forefront.Pic-1-300x205

According to the complaint, SAK Group, Inc., is a renowned restaurant group operating under the trademark “Buttermilk Café.”  They initiated legal action against Blue Hill Hospitality, Inc., alleging trademark infringement and unfair competition. The Plaintiff asserted that Blue Hill Hospitality’s use of the name “Buttermilk Pancake House” and its similar mark posed a threat to SAK’s established trademark rights, leading to confusion among consumers.

The complaint filed by SAK Group, Inc. encompassed various legal claims, including federal trademark infringement under the Lanham Act, false designation of origin, passing off, unfair competition, and violation of state laws related to deceptive trade practices. Each claim was supported by specific allegations regarding the similarities in marks, potential confusion among consumers, and the alleged willful nature of Blue Hill Hospitality’s actions.

Plaintiff OrthoPediatrics Corp. (“OP”) filed a Complaint against fellow Warsaw, Indiana corporation, WishBone Medical, Inc. (“WishBone”).  They are alleging patent infringement concerning U.S. Patent No. 8,777,998, titled “Pediatric Long Bone Support or Fixation Plate.”

The complaint states that the Plaintiff (OP) has designed and patented an innovative orthopedic plate system explicitly made for pediatric patients. They claim that the patent in question addresses a longstanding issue in pediatric orthopedics—specifically adapting adult implants for use in children, which poses risks such as damaging the epiphyseal plate or stunting bone growth.

Picture-300x92The Plaintiff asserts that WishBone’s introduction of their “PRIMA™ Femoral Locking Plate System” infringes upon Patent 8,777,998 through alleged replication of at least three of its claimed features.  OP further asserts that in addition to manufacturing their own allegedly infringing product, WishBone also markets and sells the product.

Richmond, Indiana – In a recent legal case between Plaintiff, Vandor Group, Inc., and Defendant, Batesville Casket Company, Vandor sought a preliminary injunction against Batesville for alleged patent infringement concerning casket rental inserts. Vandor claimed that Batesville’s actions caused irreparable harm, impacting their expansion plans and profitability.

Photo-300x122In its decision-making process, the Court applied Federal Circuit Law, which outlines four factors for determining whether a preliminary injunction is warranted: “(1) the movant’s reasonable likelihood of success on the merits; (2) the irreparable harm the movant will suffer if preliminary relief is not granted; (3) the balance of hardships tipping in its favor; and (4) the adverse impact on the public interest.”

The court primarily focused on irreparable harm and the likelihood of success, noting that irreparable harm is assumed when patent validity and infringement are established. However, the defendant can rebut this presumption by presenting evidence to the contrary. The judge ruled that Vandor’s claims of irreparable harm, based on lost expansion opportunities, potential economic losses, and the pending expiration of patents, were speculative and lacked substantial supporting evidence. Emphasizing that general assertions of economic harm without specific evidence are insufficient to prove irreparable harm, the court dismissed Vandor’s argument about the limited duration of their patents as a basis for irreparable harm, based on established legal precedent.

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt, for infringement of its federally registered trademark TILT, in association with arcade, amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).

According to the complaint, Plaintiff Nickels and Dimes opened their first TILT arcade in 1977, inside the Six Flags Mall, in Arlington, TX, and has since owned and operated 200 TILT arcades in the U.S.  NickTiltStudio2-300x225els and Dimes states that it then began using the Trademark TILT STUDIO in 2010, and the TILTED 10 Trademark in 2021, in association with arcade games and indoor entertainment.

The Defendant, Noah’s Arcade, allegedly opened their arcade in 2022 under the mark FULL TILT and has been accused of using the mark in their marketing and advertising, to which the Plaintiff claims infringement of their trademarks TILT, TILT STUDIO, and TILTED 10.  The Plaintiff argues that the products sold under Noah’s FULL TILT mark are identical or highly similar to those that Nickels and Dimes sell under their trademarks.  In addition, the Plaintiff contends that Noah’s Domain Name is similar to Plaintiff’s TILT STUDIO and TILTED 10 marks, which could potentially cause confusion among the customer base who may assume an affiliation between the two entities.

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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This suit is over the design of two bottle caps.

Plaintiff, Closure, claims it designed the bottle cap on the left, and Defendant, Novembal, got a patent on the bottle cap on the right.  But Closure claims that it, not Novembal is the actual “inventor” of the bottle cap design.  Perhaps fearing that Novembal was about to file suit, Closure in its home turf of New Jersey and trying to gain a home court advantage, took the initiative and sued Novembal in Indiana.  Its Complaint sought to “correct the inventorship” of Novembal’s patent and to prevent Novembal from enforcing the patent against Closure. That suit is reported here:  Closure Systems International Sues Novembal USA Seeking Correction of Inventorship.  Not surpisingly, Novembal asserted a counterclaim for patent infringement.

Photo-300x142The twist is that in the infringement counterclaim, Novembal seeks a broad injunction.  So broad, that it would prevent not just Closure, but some of Closure’s customers from infringing the patent.  In its counterclaim, Novembal seeks:

A permanent injunction enjoining CSI and its employees, agents, successors, partners, officers, directors, owners, shareholders, principals, subsidiaries, related companies, affiliates, distributors, dealers, and all persons in active concert or participation with any of them . . . from making, importing, promoting, offering, or exposing for sale, or selling the CSI Production Closures, or any other closures with designs confusingly similar to the claimed design of Novembal’s ‘442 patent.

One company that apparently gets its bottle caps from Closure is Nestle, one of the biggest sellers of bottled water.  So far, no big deal.  Except, Nestle is represented by the blue chip Washington DC patent law firm, Finnegan, Henderson, Farabow, Garrett & Dunner.  Finnegan happens to be the same law firm that represents Novembal in the suit with Closure.  So Finnegan is attempting to get an injunction for one client (Novembal) that would apply to another client, Nestle. Continue reading

Eli Lilly & Company and its subsidiary, Elanco US Inc., both of Greenfield, Indiana, filed suit in the Eastern District of Wisconsin alleging that Arla Foods, Inc. USA of Denmark, and Arla Foods Production LLC a Delaware Corporation used false advertising and unfair businessLilly-v-Arla-BlogPhoto-233x300 practices in regards to Arla brand cheeses.

In 2017, Arla Foods launched a $30 million advertising campaign focused on expanding its cheese sales in the U.S. These advertisements included ads featuring a seven-year-old girl describing recombinant bovine somatotropin (“rbST”), an artificial growth hormone used to treat cows, as a type of monster. The ads implied that milk from cows that were treated with rbST was unwholesome and unnatural, therefore not good for your family.

Elanco makes the only FDA-approved rbST supplement, marketed under the name Posilac®. After the Arla campaign launched, Elanco filed suit alleging that Arla was in violation of the Lanham Act and simultaneously moved for a preliminary injunction with supporting copies of ads, evidence that a major cheese distributor decreased its purchasing of rbST in response to the ad campaign, and scientific literature pertaining to rbST’s safety. The district judge issued the requested injunction and later modified the injunction to cure technical deficiencies.

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