INND News

September 6, 2024

Broadcast Brawl: Joe Hand Promotions Challenges Ralo’s Cocktail Lounge Over UFC Broadcast Rights

Joe Hand Promotions, Inc. (Plaintiff) has filed a lawsuit against Ralo’s Cocktail Lounge, LLC and its principal, Keon Frazier (Defendants), for the alleged, unauthorized public display of UFC 264 Poirier vs. McGregor 3 on July 10, 2021. The lawsuit addresses the legalities surrounding the broadcast of premium content in commercial settings.

Joe Hand Promotions, specializing in licensing exclusive sports programming, claims exclusive rights to distribute UFC events. They allege Ralo’s Cocktail Lounge exhibited UFC 264 without proper authorization, violating 47 U.S.C. §§ 553 and 605 under federal jurisdiction.

Ralo’s Cocktail Lounge, located in East Chicago, IN, is accused of using unauthorized means to broadcast the event, thereby avoiding licensing fees and attracting customers. Keon Frazier, a resident of Indiana and key figure in the establishment’s operations, is also named in the lawsuit.

August 16, 2024

LifeWise, Inc. Sues Zachary Parrish for Alleged Copyright Infringement and Misuse of Curriculum

By Overhauser Law Offices, LLC

LifeWise, Inc., based in Hilliard, Ohio, has filed a lawsuit against Zachary Parrish of Ft. Wayne, Indiana, alleging willful copyright infringement. LifeWise is a privately funded, Christian non-profit organization that provides off-campus, released-time religious instruction to public school students whose families choose it. The organization has developed its own curriculum for use in the program and for licensing by third parties.

LifeWise claims that Parrish pretended to be a volunteer to gain unauthorized access to the password-protected curriculum and subsequently made it available on his own website. Additionally, LifeWise alleges that Parrish is the administrator of a private Facebook group called Parents Against LifeWise and has used the curriculum to undermine the organization and its mission. The plaintiffs argue that this unauthorized use and publication of their curriculum not only violated copyright laws but also jeopardized the sustainability and effectiveness of LifeWise’s educational programs.

Counsel for LifeWise repeatedly requested that Parrish remove the curriculum, but he refused, citing fair use. Court documents reveal that LifeWise filed a Digital Millennium Copyright Act (DMCA) Complaint and Takedown Notice, which led to the temporary removal of the curriculum from the hosting website. Parrish responded by filing a Counter Notice, arguing that the removal was a mistake because the curriculum falls under fair use.

July 1, 2024

U.S. Magistrate Judge Susan L. Collins Announces Retirement After 37 Years of Public Service

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – United States Magistrate Judge Susan L. Collins has announced her plans to retire in July 2025, culminating a distinguished thirty-seven-year career in public service. Judge Collins has served nearly a decade as a Magistrate Judge for the United States District Court for the Northern District of Indiana. Her career includes twelve years as an Assistant U.S. Attorney in Hammond and sixteen years as a prosecuting attorney for the Lake County Prosecutor’s Office, where she handled numerous complex and high-profile federal and state criminal cases.

Judge Collins graduated from Drake University School of Law and DePauw University. She has also contributed to legal education as an Adjunct Professor of Law at Valparaiso University School of Law, teaching trial practice. Her exemplary service has been recognized with several awards, including the Meritorious Public Service Award and the Director’s Award for Superior Performance as an Assistant United States Attorney.

Chief Judge Brady praised Judge Collins, stating, “The judges of the Northern District of Indiana are grateful for Magistrate Judge Collins’ service to the Court. Her well-deserved retirement marks the end of an admirable career of public service.”

April 22, 2024

Scott J. Frankel Appointed as U.S. Magistrate Judge for South Bend Division of Northern Indiana District Court

By Overhauser Law Offices, LLC

Scott J. Frankel has been selected as the new United States Magistrate Judge for the South Bend Division of the United States District Court for the Northern District of Indiana, succeeding the retiring Honorable Michael G. Gotsch, Sr. Frankel was chosen from among 30 applicants after a rigorous selection process that involved a panel of lawyers and non-lawyers recommending five finalists, from which the court’s bench ultimately selected Frankel.

Frankel brings with him extensive litigation experience in both criminal and civil matters, having served as a staff attorney with the Northern District of Indiana’s Federal Community Defenders office since 2018. His career includes law clerking, public defense work, and private sector practice. Chief Judge Holly A. Brady praised Frankel’s qualifications, emphasizing his litigation experience, calm demeanor, and compassion for clients.

As a magistrate judge, Frankel’s duties will encompass a broad range of responsibilities, including conducting preliminary proceedings in criminal cases, hearing pretrial matters, ruling on motions, holding trials for misdemeanor and civil cases, conducting settlement conferences, and other duties outlined in 28 U.S.C. § 636. Frankel’s appointment is subject to completion of required IRS and FBI background investigations.

April 19, 2024

Print Pressures: Fort Wayne Printing vs. Allen & Goel Marketing

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Plaintiff Optical Tactics, LLC, operating as Fort Wayne Printing Company, has filed a trademark infringement complaint under the Lanham Act, 15 U.S.C. §§ 1051, et seq., against Allen & Goel Marketing Company. The complaint alleges that Allen & Goel Marketing Company has infringed upon Fort Wayne Printing Company’s rights to the mark “FORT WAYNE.”

According to court documents, Fort Wayne Printing Company, established in 1902, has built a strong reputation and extensive goodwill associated with its “FORT WAYNE” mark in the printing services market in northeast Indiana. It has invested resources in promoting its services under this mark, making it distinctive and valuable. Fort Wayne Printing Company asserts that Allen & Goel Marketing Company, based in Pennsylvania, operates a website offering printing services targeted at northeast Indiana consumers and uses the “FORT WAYNE” mark without disclosing its location or lack of physical presence in Fort Wayne, Indiana. This association with the established mark owned by Fort Wayne Printing Company is seen by the Plaintiffs as misleading and infringing on their exclusive rights to use the mark in the region. The complaint argues that Allen & Goel Marketing Company’s actions are violating Fort Wayne Printing Company’s rights and diluting the meaning of the “FORT WAYNE” mark in the local printing market.

Fort Wayne Publishing Company is seeking permanent injunctive relief, monetary damages, disgorgement of profits, and any other relief the Court deems just and proper.

April 1, 2024

Protecting the Peaks: Forest River Secures $2 Million Verdict in Trademark Suit

By Overhauser Law Offices, LLC

Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.

The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.

Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement. Despite these warnings, inTech persisted, leading to the initiation of legal proceedings.

March 11, 2024

Red Hex Rivalry: Valcrum Hubcaps vs. Dexter’s Fortress

By Overhauser Law Offices, LLC

In Cyprus, Texas, Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

According to court documents, Valcrum has developed a reputation for innovative hubcaps designed for 8,000-16,000-pound trailer axles. These hubcaps are identified by their distinct features, including a “signature red hex bezel with a hexagonal outer perimeter and an inner diameter.” Valcrum claims to have begun establishing trademark and trade dress rights for this design as early as late 2018.

The dispute arises from Valcrum’s allegation that Dexter, a manufacturer and distributor of axle and trailer accessories, has copied Valcrum’s hubcap design, including the distinctive red hex bezel, to market its own product called the “Fortress” hubcap. Additionally, Valcrum contends that Dexter breached a Mutual Nondisclosure Agreement (NDA) by allegedly using confidential information, such as Valcrum’s customer list, to its advantage.

March 8, 2024

Protecting Quality: Nutramax Laboratories Takes Legal Action Against Alleged Unauthorized Resale

By Overhauser Law Offices, LLC

Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (“Nutramax”) have recently begun legal proceedings against CNB Retailers, LLC, Brett Hart, and Christina Miller (“Defendants”) alleging unauthorized resale of Nutramax products. The suit involves allegations concerning trademark infringement, unfair competition, and interference with contractual agreements.

Nutramax Labs and Nutramax Vet, entities headquartered in South Carolina, are known for their development and distribution of health supplements tailored for companion animals. Court documents state that the trademarks associated with Nutramax, such as NUTRAMAX LABORATORIES and PROVIABLE, are widely recognized within the industry. Nutramax products are sold through authorized retailers which may have online or brick-and-mortar locations.

The crux of Nutramax’s grievance lies in Defendants’ purported unauthorized sales of Nutramax products, notably on Amazon.com, under the seller account name “UniversalExports.” In addition to the accused products bearing the NUTRAMAX LABORATORIES and PROVIABLE trademarks, Nutramax asserts that the products being distributed by Defendants differ materially from those authorized by Nutramax, thus failing to meet the requisite quality standards. These requirements include proper storage conditions to maintain product quality and providing customer support and knowledge about Nutramax products.

February 9, 2024

From Advocate to Adjudicator: Abizer Zani’s Appointment to the Bench

By Overhauser Law Offices, LLC

In a recent announcement from the United States District Court for the Northern District of Indiana, Hammond Division, the legal community welcomes a new addition to its ranks. Abizer Zanzi has been selected as the United States Magistrate Judge, succeeding the esteemed Honorable Joshua P. Kolar, who has recently been elevated to Circuit Judge of the United states Court of Appeals for the Seventh Circuit.

With degrees from the University of Pennsylvania and Duke University School of Law, Mr. Zanzi arrives with a wealth of expertise. As an Assistant United States Attorney in Hammond, Indiana, he has played a pivotal role in prosecuting diverse cases, spanning national security, public corruption, terrorism, human trafficking, and white-collar crimes. Beyond his legal work, his commitment to justice shines through his pro bono representation of indigent clients and his volunteer coaching of youth baseball during his leisure time.

Upon the announcement, Chief Judge Holly A. Brady remarked, “While many qualified candidates applied for the position, Mr. Zanzi’s extensive experience in both civil and criminal litigation and his prior experience clerking with the Court made him a clear choice for the vacancy. In addition to his diverse experience, the pro bono work he has performed demonstrates his clear commitment to equal justice under the law. We are all anxious for Mr. Zanzi to join the Court. He will be a tremendous asset to the Court and litigants.”

February 5, 2024

Honoring the Legacy of Senior Judge William C. Lee: A Tribute to Justice

By Overhauser Law Offices, LLC

In a solemn moment that echoed across the Northern District of Indiana, the flags flew at half-staff, paying tribute to a titan of justice, Senior Judge William C. Lee. With a career spanning over four decades at the U.S. District Court, Judge Lee left an indelible mark on the legal community and beyond, his passing marking the end of an era.

Born and raised in Fort Wayne, Judge Lee’s journey into law commenced with humble beginnings. Graduating from North Side High School in 1955, he embarked on a path that led him to Yale University, where he laid the groundwork for what would become a remarkable career. However, it was his time at the University of Chicago Law School, where he earned his Juris Doctorate in 1962, that truly shaped his trajectory towards judicial excellence.

The pinnacle of Judge Lee’s career came with his appointment as a district judge by U.S. President Ronald Reagan in 1981. Serving as Chief Judge from 1997 to 2003, he embodied integrity and wisdom, earning respect and admiration from his peers and the community alike.