INND News

June 23, 2025

Drop-Down, Drag-Out Fight: Brotherhood Mutual vs. Aloft Media, et al.

Fort Wayne, Indiana – Brotherhood Mutual Insurance Company has filed a lawsuit seeking a declaratory judgment against Aloft Media, LLC, George Street Partners, Todd Schmidt, and George Andrew Gordon. The case centers on a patent dispute over U.S. Patent No. 10,372,793, which Brotherhood says is being wrongly used to demand a licensing payment.

According to the complaint, Aloft Media claims that Brotherhood’s website infringes on this patent, which covers a method involving drop-down menus on a web page. Brotherhood argues the patent is invalid and unenforceable and claims it does not infringe on any part of it. Brotherhood also says that the technology described in the patent is not new or inventive and would not meet modern patent standards, especially following the Supreme Court’s 2016 Alice decision, which raised the bar for patenting abstract ideas implemented on computers.

Brotherhood is asking the court to declare that its website does not infringe the patent, that the patent itself is invalid, and that it cannot be enforced due to inequitable conduct—alleging that key information was intentionally withheld during the patent’s approval process. The complaint outlines what Brotherhood claims were misrepresentations or omissions in the history of the patent application, Aloft’s record of filing at least 14 patent infringement lawsuits in Texas, and a complex web of related entities that frequently file similar patent lawsuits.

June 16, 2025

Brew-Haha Over Branding: Dog ‘N Suds Pours On the Pressure in Trademark Dispute

By Overhauser Law Offices, LLC

An Indiana-based company, TK&C’S, LLC, which operates under the name Dog ‘N Suds, has filed a lawsuit in federal court against a Michigan business, Airline Dog ‘N Suds, Inc., and its president, David J. Hosticka. The complaint centers around trademark infringement, unfair competition, and breach of contract.

Dog ‘N Suds alleges that it owns the exclusive rights to several trademarks associated with its brand, including names, logos, and recipes that date back to the 1950s and have been formally registered for decades. According to the lawsuit, Dog ‘N Suds entered into a licensing agreement with Airline Dog ‘N Suds in 2007, giving them permission to use these trademarks and recipes in a defined region of Michigan. That agreement expired in 2017 and was not renewed.

Despite the expiration of the license, Dog ‘N Suds claims that the Michigan business continued to use its name, branding, and products without authorization. The lawsuit includes allegations that Airline Dog ‘N Suds has continued selling food and root beer under the Dog ‘N Suds branding, which the Indiana company views as a violation of trademark law and a breach of the original licensing agreement. Dog ‘N Suds further claims that attempts to stop the use—including cease-and-desist letters sent in April 2025—were ignored or refused.

May 30, 2025

Cloud Cover Blown: Cloudbusters, Inc. Alleges Plot to Hijack Tech Business

By Overhauser Law Offices, LLC

Crown Point, IN – Plaintiff Cloudbusters, Inc., a technology company based in Indiana, has filed a lawsuit against multiple parties including a former employee and two Florida-based businesses. The company is alleging theft of trade secrets, breach of contract, and other related claims.

According to the complaint, Cloudbusters accuses its former IT manager, Ryan Tinsley, and the companies Practice42, LLC and The Law Office of Audrey Ehrhardt, PLLC, of orchestrating a plan to take confidential business information for their own benefit.

Cloudbusters states that it had hired Tinsley in 2023 and promoted him to IT Manager, a role in which he had access to sensitive company data, including cybersecurity systems, customer lists, and proprietary tools. The company says Tinsley signed both non-compete and non-disclosure agreements during his employment.

May 16, 2025

Glitch in the Merch: Australian Animation Studio Sues Over Alleged Counterfeit Circus

By Overhauser Law Offices, LLC

Glitch Productions Pty Ltd, an Australian animation studio behind hit web series like The Amazing Digital Circus, has filed a lawsuit against various individuals and businesses operating e-commerce stores under various aliases. These stores are accused of selling counterfeit merchandise featuring Glitch’s registered trademarks without permission.

Founded in 2017, Glitch is known for its distinctive 3D animation style and has built a global fanbase with over 8.5 million YouTube subscribers. Its show The Amazing Digital Circus, created by Gooseworx, became a viral success after its October 2023 debut, amassing hundreds of millions of views and expanding to Netflix in 2024. Glitch sells official merchandise—such as clothing, figures, and posters—through its online store, with trademarks recognized in the U.S. and internationally.

The complaint alleges that the defendants target U.S. consumers, including in Indiana, by running interactive storefronts that accept U.S. dollars, ship domestically, and present counterfeit items as official products. Glitch claims the defendants intentionally copy its branding to mislead buyers and weaken its trademark value. The company states it has not authorized these sellers and that their actions violate its intellectual property rights.

April 25, 2025

Quantum Litigator: Emrit’s Lawsuit Universe Expands

By Overhauser Law Offices, LLC

Ronald Satish Emrit, an alleged resident of Florida and Maryland, has filed legal complaints in both Northern and Southern Indiana courts against six defendants, the U.S. Patent and Trademark Office, the U.S. Department of Commerce, NASA Goddard Space Flight Center, the American Institute of Physics, Kennedy Space Center, and the National Science Foundation. He seeks $500 billion in damages, claiming interference with business relations and potential contracts has prevented him from securing patents for his scientific theories.

In his Complaint, Emrit also identifies himself as “Preidential Candidate Number P60005535 and Presidential Committee/Political Action Committee/Seperate (sic) Segregated Fund (SSF) Number C00569897 d/b/a United Emrits of America.”

Emrit’s work involves concepts in quantum mechanics, astrophysics, and relativity, including ideas about black holes, wormholes, and higher-dimensional geometry. He claims these theories are unique and patentable but have been blocked by bureaucratic hurdles and lack of recognition from scientific and government bodies.

April 23, 2025

A Step Too Far? MORryde International, Inc. Accuses Airxcel, Inc. (Suburban) of Patent Infringement

By Overhauser Law Offices, LLC

Elkhart, Indiana – MORryde International, Inc. has filed a lawsuit against Airxcel, Inc., doing business as Suburban, claiming patent infringement. The case centers around three patents (US Patent Nos. 9,903,121, 10,519,671, and 11,739,534), allegedly owned by MORryde, that relate to folding staircases for vehicles like RVs and trailers. These patents—supposedly issued in 2018, 2019, and 2023—cover features such as spring-assisted folding and adjustable legs designed to improve safety and ease of use when entering and exiting a vehicle.

MORryde;s ‘671 Patent

MORryde contends that Suburban’s products, specifically the Stow Away Steps and the Lift Assist Step, unlawfully use the technology protected under MORryde’s patents. According to the complaint, these Suburban products are designed in a way that mimics MORryde’s patented features, including folding mechanisms and mounting systems similar to those described in the patent documents. MORryde claims it first raised conc

April 11, 2025

From StockFood to Courtroom: The American Table Faces Copyright Infringement Claims

By Overhauser Law Offices, LLC

Plaintiff Image Professionals GmbH, operating as StockFood, has filed a lawsuit against Warsaw, Indiana Defendant, The American Table Restaurant, Inc. for copyright infringement. Based in Munich, Germany, Plaintiff specializes in creating and licensing premium food-related imagery, videos, and recipes.

The lawsuit involves a photograph titled “00687624,” registered with the U.S. Copyright Office in 2011. The image was created by a professional photographer who transferred exclusive rights to the Plaintiff, including the right to pursue infringement actions. The Defendant, The American Table Restaurant, is accused of displaying the image on its website and social media without permission, using it for commercial purposes without obtaining a license.

Plaintiff discovered the alleged infringement in March 2024 and notified Defendant, but claims Defendant continued to use the image. Plaintiff asserts this unauthorized use violates the Copyright Act 17 U.S.C. § 501, arguing that the infringement was willful, as evidenced by Defendant’s own copyright notice on its website. Plaintiff seeks a declaration of infringement, actual damages, disgorgement of profits, statutory damages, attorney’s fees, and a permanent injunction to prevent further violations.

April 8, 2025

Stung by Infringement? Artist Sues Fort Wayne Allergy Clinic Over Alleged ‘WASP’ Photo Theft

By Overhauser Law Offices, LLC

Plaintiff Harold Davis has filed a lawsuit against Defendant Fort Wayne Allergy & Asthma Consultants, Inc. (FW Allergy) for alleged copyright inf ringement. Davis claims that FW Allergy violated his exclusive rights under the Copyright Act by using his copyrighted photograph, titled “WASP,” without permission. Davis, an allegedly accomplished artist and photographer recognized for his innovative techniques, created the photograph in 2005, and it was registered with the U.S. Copyright Office in 2016.

In addition to his proclaimed status a highly accomplished artist and photographer, Mr. Davis appears to be an accomplished, or at least frequent, litigator. According to Justia.com, he has filed 23 copyright infringement suits across the country since 2017.

FW Allergy, based in Fort Wayne, Indiana, operates a website at www.fortwayneallergy.com to advertise its allergy and asthma services. Davis alleges that FW Allergy used his photograph to promote its business in a post titled “Stinging Insect Allergy” on March 16, 2023, and distributed it online without his consent. Davis asserts that these actions constitute copyright infringement.

March 17, 2025

Granger, Indiana Entrepreneur Zachary Richard Zellers Sues Over Trademark Infringement, Faces Legal Hurdles in Federal Court

By Overhauser Law Offices, LLC

Granger, Indiana – Zachary Richard Zellers has filed a lawsuit against Diz Jackson and two unknown defendants, using “John Doe” as placeholders, claiming they are using his trademark “DJ Zman” without permission. Zellers, who claims to own the trademark through his DJ, Audio/Visual, and stage production business, DJ ZMAN LLC, argues the defendants’ use of the name online and on social media is damaging his brand and constitutes trademark infringement. The lawsuit, filed in federal court, includes documents showing that Indiana officially issued the trademark in question to DJ ZMAN LLC on February 20, 2025.

However, Judge Damon R. Leichty responded to the complaint, highlighting several issues with Zellers’ self-filed case. He explained that Zellers, who requested a waiver for filing fees due to financial hardship, did not meet the necessary legal requirements for a trademark infringement case. The judge noted that Zellers failed to provide enough detail about the harm caused and emphasized that the trademark belongs to DJ ZMAN LLC, not Zellers personally. Therefore, the lawsuit should be filed by the company, which must also be represented by a lawyer in court.

The court also noted that Zellers cannot use “John Doe” placeholders for the unknown defendants. Instead, he or the company must identify the defendants and provide their details. Judge Leichty gave Zellers until March 28, 2025, to amend his complaint and comply with the required legal procedures. Zellers was also informed he could reapply to have the court waive his fees after making the necessary changes.

March 14, 2025

Fortress Iron L.P. Digs Into Legal Action Against Digger Specialties for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Fortress Iron L.P. filed a lawsuit against Digger Specialties, Inc. for patent infringement, alleging that Digger’s Westbury VertiCable Aluminum Railing violates Fortress’s U.S. Patents 11,643,838 (the “‘838 Patent”) and 12,180,735 (the “‘735 Patent”). The complaint states that Fortress, a Texas-based company, is the owner of the patents protecting its FortressCable V-Series steel cable railing systemv. Meanwhile, the court documents assert that Digger, based in Indiana, produces a similar product and has reportedly continued to sell it despite being notified of the alleged infringement.

The lawsuit claims that Digger’s product infringes on the patents, particularly regarding features such as the design of vertical cable barriers and adjustable end members for tension control. Fortress seeks monetary damages, treble damages for willful infringement, and an injunction to stop Digger from continuing to sell the infringing product.

The case has been assigned to Judge Damon R. Leichty and Magistrate Judge Scott J. Frankel in the U.S. District Court of Northern Indiana Case No. 3:25-cv-00099.