INSD News

April 28, 2025

Weight Loss, Heavy Lawsuit: Lilly says Premier’s Shots Miss the Mark

Premier Weight Loss, also known as Premier Weight Loss of Indiana, is facing a lawsuit from Eli Lilly and Company. The lawsuit claims Premier has been selling altered versions of Lilly’s FDA-approved drugs, MOUNJARO® and ZEPBOUND®. Lilly accuses Premier of repackaging these medications, removing them from their original packaging, and distributing them in third-party insulin syringes without proper labeling, patient instructions, or safety information. Lilly argues that these altered drugs are unsafe, as they lack essential information like batch numbers and expiration dates, and may not meet FDA-approved dosages or sterility standards.

Lilly points out that Premier’s practices, including splitting auto-injector pens into multiple doses, can result in inconsistent and potentially harmful concentrations. The company also says Premier’s marketing misleads consumers and healthcare providers into believing these altered products are authentic, when they are not. Premier’s use of Lilly’s trademarks in advertisements is also a violation of intellectual property laws, according to the lawsuit.

Lilly argues that these practices pose serious risks to patients, particularly those using the drugs to manage conditions like type 2 diabetes. They believe the unapproved alterations could lead to ineffective treatments or dangerous side effects. The lawsuit aims to stop the sale of these allegedly altered drugs and correct Premier’s supposed false advertising. Lilly is also seeking damages for the purported harm caused by Premier’s actions.

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 16, 2025

Bone of Contention: WOOF FEST Fight Lands in Court

By Overhauser Law Offices, LLC

Evansville, Indiana – A legal dispute has emerged over a local fundraising event called “Woof Fest.” Allison Bush, an event organizer who has been planning and promoting fundraising events since 2019, claims her intellectual property has been used without permission by P.A.A.W.S., Inc.—a local animal rescue group—and its treasurer, Julie Frazier.

According to the complaint, in July 2024, Bush and Frazier began discussing a joint fundraising event to benefit local foster-based animal rescues. During those discussions, Frazier suggested the name ‘Woofstock,’ despite allegedly knowing it was already used by another organization. In response, Bush says she proposed the alternative name ‘Woof Fest.’

Court Documents state that Bush then moved forward with the idea, hiring an artist to create a logo using images of her own dogs. The case filings further report that Bush paid for the design, received full rights to it, and began promoting “Woof Fest” on social media and other platforms. Records note that she later registered the name, WOOF FEST, and logo with the U.S. Copyright Office and applied for federal trademark protection.

March 31, 2025

Rock ‘n’ Roll or Rights Violation? Bar Hit with Copyright Lawsuit Over Alleged, Unlicensed Music

By Overhauser Law Offices, LLC

The Plaintiffs, House of Bram, Little Nemo Music, and Major Bob Music Co., through their lawyers, have filed a lawsuit claiming that their copyrights have been violated under U.S. copyright law. Their main argument is that the Defendants allegedly played the Plaintiffs’ copyrighted music in public without permission.

Defendant Franklinsteins, LLC is based in Indiana and operates Bud’s Rockin’ Country Bar and Grill in Evansville, Indiana, where the music in question is said to have been played publicly. The other Defendants, Kerry Chesser, Chad Brady, and Mikala Daly-Shemwell, are individuals involved in managing Franklinsteins. The Plaintiffs claim that all Defendants had control over what happened at Bud’s, including the music performances.

The Plaintiffs are members of ASCAP (the American Society of Composers, Authors, and Publishers), which protects the public performance rights for its members’ music. The complaint states that ASCAP has attempted to contact the Defendants more than 70 times through phone, mail, and email, offering them licenses to play the music. Despite these efforts, the Defendants allegedly refused to agree to the terms, and the Plaintiffs argue that the performances at Bud’s without a license are copyright violations.

March 28, 2025

August Image Sues Static Media Over Claims of Unauthorized Use of Iconic Photographs

By Overhauser Law Offices, LLC

August Image, LLC, a company based in New York that represents over 100 photographers, is suing Static Media Inc. (formerly 7Hops.com Inc.) for copyright infringement. The lawsuit involves two photographs owned by photographers Peter Yang and Benedict Evans, who are both represented by August Image. Yang’s photo features Eddie Van Halen and his son Wolfgang, while Evans’ photo shows gamer Tyler “Ninja” Blevins.

The company claims that Static Media used these images without permission on its websites, including Mashed.com and SVG.com, in 2021 and 2020. August Image says Static Media never reached out to get the proper licensing, even though the photos are professional work and not meant to be used freely.

August Image purports to hold the exclusive rights to these photos through agreements with the photographers and argues that Static Media’s actions were a clear violation of copyright. The company is asking for damages, any profits made from using the photos, and for Static Media to cover the legal costs. They also want a court order to stop Static Media from using the images again without permission.

March 24, 2025

Trademark Tug-of-War: Shezan Brands Battle Over Trademark Registrations

By Overhauser Law Offices, LLC

Shezan Services (Private) Limited and Shezan International Limited have filed a legal complaint seeking declaratory judgment and injunctive relief against Indiana companies, Intershez Corporation and Shezan, LLC. The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services’ trademarks in the United States and used these registrations to have U.S. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.

According to court documents, Shezan International, established in 1964, is known for high-quality food and beverage products, including juices, jams, sauces, and canned goods. These products are sold in over 25 countries, including the United States. Shezan Services claims to own the SHEZAN trademark and logo for these products.

Plaintiffs allege that Intershez, formed in 1996 and with a distribution agreement with Shezan International, registered Shezan Services’ trademarks without permission in 2004. They further claim that in 2020, these trademarks were transferred to Shezan, LLC, a company established by the same individuals who previously managed Intershez. The plaintiffs argue that after Intershez was dissolved in 2008, it falsely claimed ownership of the trademarks and used them to record with U.S. Customs and Border Protection (CBP), resulting in the detention of genuine Shezan products.

March 21, 2025

Trouble at Home: My Healthy Home, LLC Takes Legal Action Over Trademark Dispute Against Healthy Home Experts, LLC

By Overhauser Law Offices, LLC

My Healthy Home LLC, a New Jersey-based company focused on promoting healthier living environments, has filed a complaint against the Indiana-based company Healthy Home Experts, LLC, and Joshua Harper for trademark infringement. According to court documents, My Healthy Home has been recognized since 2002 for its environmentally friendly services, including air quality testing and mold remediation, and holds several federally registered trademarks, including HEALTHY HOME EXPERT.

The dispute centers around the defendants registering the domain name https://www.healthyhomeexperts.net/ and forming a business under the name Healthy Home Experts, LLC, which reportedly creates confusion due to its similarity to My Healthy Home’s trademark. The defendants reportedly offer overlapping services, such as air quality testing and mold remediation, using the allegedly infringing name.

My Healthy Home is seeking legal relief for trademark infringement, false designation of origin, cybersquatting, and unfair competition. The company is requesting an injunction to stop the defendants from using the infringing name and domain, as well as damages, including the transfer of the domain to My Healthy Home. They also seek reimbursement for attorney’s fees and compensation for any harm caused to their brand.

February 28, 2025

Patent Battle Winds Up: Inpres, Inc. and TWM IP LLC Sue Alltrista Plastics LLC for Alleged Infringement of Screw-Based Dispenser Patent

By Overhauser Law Offices, LLC

Plaintiffs Inpres, Inc. and TWM IP LLC have filed a patent infringement lawsuit against Alltrista Plastics LLC concerning U.S. Patent No. 9,585,460 (the “‘460 Patent”). The plaintiffs allege that the defendant has infringed upon the ‘460 Patent, which relates to a screw-based dispenser system with a locking elevator mechanism, and is seeking relief, including damages and an injunction. The plaintiffs claim that the defendant’s products unlawfully replicate the patented technology and that the infringement has been willful.

The accused patent, titled “Screw-Based Dispenser Having Locking Elevator and Elevator Retention Mechanism,” was issued on March 7, 2017. It specifically addresses issues with propel/repel dispensers used for consumer products such as lip balms and creams, particularly solving a problem known as “up-elevator,” where the elevator mechanism in the dispenser advances too soon.

According to the Complaint, Alltrista, operating as Jarden Plastics in 2018, purchased a large quantity of lip balm dispensers from Inpres, which incorporated the patented elevator retention mechanism. Alltrista was provided detailed specifications and engineering drawings by Inpres under confidentiality agreements, highlighting the proprietary nature of the materials. However, after returning most of the purchased units, Alltrista allegedly used these specifications to develop its own dispensers incorporating the patented technology.

February 21, 2025

RestoPros Files Lawsuit for Trademark Infringement and Breach of Agreement in Restoration and Remediation Dispute.

By Overhauser Law Offices, LLC

RestoPros Franchising, LLC, a North Carolina-based company specializing in restoration and mold remediation services, has filed a lawsuit against Indiana company, SFTS Services, Inc. and its owners, Dale L. Bailey and Brandy M. Bailey. The lawsuit accuses the Baileys of trademark infringement, deceptive trade practices, and breaching their franchise agreement with RestoPros. Specifically, RestoPros alleges that the Baileys used its registered trademark “RESTOPROS” and confidential business information to launch a competing business, “Restore and Renew Professionals,” after leaving the RestoPros franchise. The Baileys are also accused of improperly using RestoPros’ branding, phone numbers, and customer reviews for the new business, while failing to adhere to various terms of the franchise agreement, including payments and territorial restrictions.

Despite multiple cease-and-desist requests, the Defendants reportedly ignored RestoPros’ attempts to settle the matter outside of court. RestoPros is seeking damages for breach of contract, trademark infringement, unfair competition, and misappropriation of trade secrets. Additionally, the company is requesting an injunction to prevent the Defendants from continuing to use its trademarks or operate their competing business.

The case has been assigned to Judge Matthew P. Brookman and Magistrate Judge Kellie M. Barr in the U.S. District Court of Southern Indiana Case No. 1:24-cv-02171.

February 17, 2025

Photojournalist, Christopher Sadowski Focuses New Lawsuit On Pest Control Company for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Christopher Sadowski, a photojournalist from New Jersey, has filed a lawsuit against Fortner Services Inc., operating as Fortner Pest Control, for alleged copyright infringement. Sadowski, who has been published in various prominent outlets, including the New York Post and USA Today, has built a reputation not only for his award-winning photography but also for his diligent efforts to protect his intellectual property. Over the years, he has filed multiple copyright infringement claims against various parties for unauthorized use of his work (See previous blog posts about these suits here, here, here, and here.).

As a self-employed photographer, Sadowski owns the rights to his work and licenses his photographs under terms that retain his copyright. The current suit states that in 2022, Sadowski created a photograph titled “112120rat5CS,” which was registered with the U.S. Copyright Office in December 2022. The photograph was later licensed to the New York Post and appeared in an article, with appropriate attribution to Sadowski.

Fortner Services, a pest control company based in Bedford, Indiana, operates a website and maintains a presence on social media. On December 13, 2023, Fortner allegedly displayed Sadowski’s copyrighted photograph on its website and social media without obtaining permission. Sadowski claims that Fortner did not contact him to request a license for use of the image, which was intended for commercial purposes.