INND News

January 5, 2024

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC

In a recent lawsuit filed by Perma-Green Supreme, Inc. against Dr. Permagreen, LLC, Michael Edward Klott, and FTW Investments LLC, Perma-Green, an Indiana entity in the commercial lawn-care equipment industry, alleges that the defendants engaged in the deliberate and unauthorized use of Perma-Green’s trademark, PERMAGREEN. The complaint asserts that the defendants sold products under the name ‘Dr. Permagreen,’ which, according to the Plaintiff, bears a confusing similarity to Perma-Green’s mark, misleading consumers into falsely believing that the products were affiliated with Perma-Green. These allegations suggest that the defendants’ actions caused consumer confusion, negatively impacting Perma-Green’s reputation and raising concerns about product safety.

If the Plaintiff’s allegations are proven true, this infringement not only violates federal laws, particularly the Lanham Act but also raises ethical questions surrounding fair competition and consumer protection. Regarding potential consequences, the relief sought by Perma-Green includes injunctions, damages, and legal fees, indicating the potential ramifications faced by the defendants for trademark infringement and deceptive practices.

The case has been assigned to Judge Philip P. Simon and Magistrate Judge John E. Martin, in the U.S. District Court of Northern Indiana, and assigned Case No. 2:23-cv-00341-PPS-JEM.

December 22, 2023

Upholding Quality and Protecting Brands: Tempur Sealy v. Luxury Mattress & Furniture

By Overhauser Law Offices, LLC

In the competitive world of mattresses and bedding, brand recognition and trust are paramount. Companies invest years in building their reputation, and protecting their intellectual property is crucial. Plaintiff Tempur Sealy International Inc. recently filed a lawsuit against Defendant Luxury Mattress & Furniture LLC, a suit highlighting the significance of safeguarding trademarks and brand integrity.

According to the complaint, Tempur Sealy is a renowned name in the realm of premium mattresses. Known for its TEMPUR-PEDIC products, Tempur Sealy claims distinctiveness based on their high-quality materials and unparalleled comfort. The company states that they meticulously develop, manufacture, and market products under various trademarks such as TEMPUR, TEMPUR-PEDIC, and TEMPUR SEALY. In addition, they describe exhaustive efforts to maintain their brand’s integrity, from stringent quality control measures to an authorized network of retailers, attempting to ensure that customers receive authentic products and services.

The Plaintiff claims that on February 2, 2023, it notified the Defendant that it was terminating Luxury Mattress’s authorization to sell Tempur Sealy products. The Plaintiff then alleges that Luxury Mattress continued to use the TEMPUR-PEDIC Marks in its Valparaiso, Indiana, retail location and on its website. Furthermore, Tempur Sealy asserts that the Defendant was using the TEMPUR-PEDIC Marks to advertise different products that were not associated with the Plaintiff’s product.

December 18, 2023

Honoring a Legacy of Service: U.S. Magistrate Judge Michael G. Gotsch, Sr., Announces Retirement

By Overhauser Law Offices, LLC

After an illustrious four-decade career dedicated to public service, U.S. Magistrate Judge Michael G. Gotsch, Sr., has declared his intent to retire in August 2024. His impending retirement from the United States District Court for the Northern District of Indiana marks the culmination of a remarkable journey.

Judge Gotsch, with nearly twenty years as a judge and seven years in the federal judiciary, has left an enduring legacy. His tenure as St. Joseph Circuit Court Judge saw transformative initiatives, including repurposing an old jail into spaces for courts and community programs.

A trailblazer in advocating for domestic violence victims, Judge Gotsch pioneered the Civil Protective Order (CPO) Court, prioritizing their protection. His pivotal role in implementing the Odyssey Case Management System across Indiana courts underscores his commitment to efficient judicial processes.

December 8, 2023

Orthopedic Plate System at Center of Patent Infringement Suit

By Overhauser Law Offices, LLC

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.

The 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.

December 4, 2023

Unraveling the Legal Knot: Copyright Infringement and the UFC Broadcast Case

By Overhauser Law Offices, LLC

Joe Hand Promotions, Inc., a Pennsylvania-based corporation, alleges ownership of exclusive distribution rights for broadcasting premier sporting events, including the Ultimate Fighting Championship® (UFC). Through agreements with copyright holders, Joe Hand Promotions, Inc. claims they obtained authorization to exhibit UFC 246: McGregor vs. Cowboy.

Defendants, comprising LNH, LLC operating in Burlington, Indiana as Burlington Pizza/The Barn, along with Neal D. Harmon and Loriann Harmon, allegedly exhibited UFC 246 at their commercial establishment without the required authorization from Joe Hand Promotions, Inc. The plaintiff claims that this action violated licensing requirements and involved unauthorized access to the Program through various means, including cable, satellite, or internet streams.

Joe Hand Promotions, Inc. asserts satellite and cable piracy violations under 47 U.S.C. § 605 and 47 U.S.C. § 553, claiming that the defendants intercepted satellite signals or used unauthorized cable signals to broadcast the Program, contravening federal laws regulating such transmissions. Joe Hand also Alleges infringement of its exclusive distribution rights under the Copyright Act (17 U.S.C. §§ 106, 501), contending that the defendants exhibited the copyrighted Program publicly without proper authorization, violating intellectual property laws.

November 24, 2023

Davaus, LLC Brings Suit Over Alleged Patent Infringement of Agricultural Product

By Overhauser Law Offices, LLC

Hoagland, Indiana – A legal filing initiated by Davaus, LLC against S7 IP Holdings, LLC and Shawn Gengerke is a Complaint for Declaratory Judgment. According to the complaint, Davaus seeks legal affirmation that their product, the Kernel Keeper™, does not infringe, is not covered by, and renders invalid the United States Patent No. 9,961,830 claimed by S7, specifically related to S7’s product called the “Harvest Sweep.” S7 alleged that the Kernel Keeper™ infringed on their patent and demanded Davaus cease its production and sale. Davaus states that they responded by explaining how their product differs from the patented claims, but S7 rejected this explanation and reiterated the demand to stop production.

Davaus contends that their product does not infringe upon S7’s patent and requests the court to rule that their product does not violate the patent, and that the patent itself is invalid and unenforceable. This legal action aims to prevent legal repercussions against Davaus based on the patent claimed by S7.

The case has been assigned to Chief Judge Holly A. Brady and Magistrate Judge Susan L. Collins, in the U.S. District Court of Northern Indiana, and assigned Case No. 1:23-cv-00398-HAB-SLC.

November 10, 2023

Rights to Asphalt Paving Technology at Dispute in Lawsuit Between AarMaz Products Inc, and Rieth-Riley Construction Co.

By Overhauser Law Offices, LLC

Mulberry, Florida – Plaintiff ArrMaz Products Inc. has filed a lawsuit against Rieth-Riley Construction Co., Inc. of Goshen, Indiana, alleging patent infringement related to their asphalt paving technologies covered by U.S. Patents Nos. 7,802,941 and 8,465,843. These patents are associated with ArrMaz’s BondTekk® bonded-paving technology, adopted by multiple states and contractors for creating safer and more durable roads.

The original complaint states that Rieth-Riley Construction is also involved in asphalt paving services and operates in several Midwestern states where asphalt-paving projects are awarded through competitive bidding. In February 2022, the claim states, the Plaintiff notified Rieth-Riley that ArrMaz’s patents covered specific projects awarded to Rieth-Riley by the state of Indiana and offered a license for their use. However, ArrMaz claims that Rieth-Riley expressed an intention to ignore the patents and not obtain the necessary licenses before moving forward with the project.

ArrMaz alleges that Rieth-Riley not only infringed on their patents but also engaged in willful infringement by using and selling the patented technology. Therefore, ArrMaz is seeking a court injunction to prevent Rieth-Riley from using or selling their patented products without the proper licenses. Additionally, they are seeking a monetary award to cover damages, including the costs and expenses of the lawsuit.

October 13, 2023

Magistrate Judge Joshua P. Kolar Congratulated on his Seventh Circuit Nomination

By Overhauser Law Offices, LLC

Magistrate Judge Joshua P. Kolar

HAMMOND, Indiana – On October 10, 2023, Chief Judge Holly A. Brady congratulated Magistrate Judge Joshua P. Kolar on his nomination by President Joseph R. Biden to the United States Court of Appeals for the Seventh Circuit. If confirmed, Judge Kolar will fill the vacancy left behind by the death of Judge Michael S. Kanne.

In her statement about Judge Kolar, Chief Judge Brady wrote that the judges of the Northern District of Indiana are extremely proud of Magistrate Judge Kolar for being nominated to the Seventh Circuit. She also remarked that Judge Kolar “has been a tremendous asset as a member of the judiciary for the Northern District [of Indiana]…his thoughtful and humble approach to the matters pending before him will surely be missed by the bench, the bar and litigants, the judges anxiously await Judge Kolar’s much deserved confirmation.”

October 6, 2023

Nickels and Dimes Goes Full Tilt on Noah’s Arcade in Trademark Infringement Suit

By Overhauser Law Offices, LLC

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. Nickels 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.

July 18, 2023

Chief Judge Brady Succeeds the Honorable Jon E. DeGuilio

By Overhauser Law Offices, LLC

SOUTH BEND, Indiana (July 17, 2023): The United States District Court for the Northern District

of Indiana announces it is now under the leadership of a new chief judge. Effective July 17, 2023,

the Honorable Holly A. Brady became responsible for overseeing the day-to-day operations of the