INSD News

May 3, 2024

Legal Jab: Lawsuit Over Alleged Boxing Broadcast Interception Packs a Punch

Plaintiff, G & G Closed Circuit Events, LLC, a California-based company, has filed a lawsuit against Defendant, Pilot Pursuit LLP, along with Lynn A. Pittman, identified as its General Partner, operating the Recovery Room Lounge in Indianapolis, Indiana. The lawsuit centers on allegations of unauthorized interception, receipt, and broadcast of a televised sporting event known as the Gervonta Davis v. Ryan Garcia Championship Fight Program, which G & G Closed Circuit events, LLC holds exclusive nationwide commercial distribution rights to.

The suit alleges that Lynn A. Pittman, with her roles within Pilot Pursuit LLP and Recovery Room Lounge, had the authority and responsibility to supervise the establishment’s activities, including ensuring lawful operations. Despite this, the Plaintiff claims that Pittman either directed or permitted the interception and broadcast of the Program, leading to increased profits for the Lounge.

The defendants are accused of violating both Title 47 U.S.C. Section 605 and Title 47 U.S.C. Section 553, which prohibit the unauthorized interception, receipt, and publication of communications, including television broadcasts. These statutes aim to protect the exclusive rights of content distributors and prevent unauthorized commercial use.

April 29, 2024

Crosshairs on Copyright: Powderkeg Allegedly Targets August Image’s Intellectual Property

By Overhauser Law Offices, LLC

A legal dispute has arisen between Plaintiff August Image, LLC, a New York-based company representing over 100 contemporary photographers globally, and Indy Founders LLC, operating as Powderkeg, an Indiana-based digital community serving startups and professionals. The lawsuit alleges copyright infringement regarding a professional photograph taken by renowned photographer Peter Yang.

August Image, LLC, headquartered in New York City, specializes in representing creative photographers worldwide. Its collection encompasses various genres which are available for licensing, and the company is known for its commitment to customer satisfaction and meticulous acquisition of image rights.

Powderkeg, based in Indianapolis, Indiana, supports startups and professionals across the United States through its digital community. It provides resources and networking opportunities for over 10,000 active members nationwide.

April 26, 2024

Indy’s Dive into Legal Waters: FullBeauty Brands, Inc. Faces Trademark Lawsuit over Swimwear

By Overhauser Law Offices, LLC

Indianapolis, Indiana – FullBeauty Brands Inc. has been accused of trademark infringement in a lawsuit filed by Pennsylvania-based Global Trademarks Inc. The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors.

Global Trademarks, operating under the umbrella of Swim USA, claims ownership of swimwear designs and brands like MIRACLESUIT® and SWIM SOLUTIONS ®. Swim USA asserts that it has diligently pursued protection for its intellectual property through design patents and trademark registrations.

Swim USA’s lawsuit alleges that FullBeauty Brands engaged in unauthorized, commercial activities which include the manufacture, distribution, and sale of swimwear that infringes upon Global Trademark’s intellectual property rights. Specifically, the defendants are accused of replicating patented swimsuit designs and unlawfully using the SWIM SOLUTIONS® trademark.

March 4, 2024

This is Garbage! Photographer Battles Circle City Broadcasting Over Alleged Copyright Infringement

By Overhauser Law Offices, LLC

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.

According 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.

February 26, 2024

Franchise Freeze-Out: Baskin-Robbins vs. Blue Moo

By Overhauser Law Offices, LLC

Baskin-Robbins Franchising LLC (“Baskin-Robbins”) v. Blue Moo Ice Cream Inc. (“Blue Moo”) is a breach of contract and trademark infringement suit involving Plaintiff Baskin-Robbins/BR IP Holder, a well-known franchisor in the ice cream industry, and Defendants Blu Moo Ice Cream Inc., and Robert Holocher.

According to the complaint, Baskin-Robbins entered into franchise agreements with Blu Moo Ice Cream Inc. for the operation of Baskin-Robbins franchises in the greater Indianapolis area. However, Baskin-Robbins claims the termination of the agreements ensued due to Blu Moo’s repeated failure to fulfill financial obligations to Baskin-Robbins, triggering a series of legal actions.

The crux of the case revolves around Blu Moo’s alleged unauthorized use of Baskin-Robbins’ intellectual property, including trademarks and trade dress, after the termination of franchise agreements. Baskin-Robbins claims to have given clear instructions to cease operations and de-identify the restaurants, but Blu Moo purportedly continued to operate, sparking Baskin-Robbins’ claim of irreparable harm to their brand reputation and goodwill.

February 19, 2024

Paws, Patents, and Proceedings: The case of Kennels & Kats v. Delomo

By Overhauser Law Offices, LLC

Plaintiff Excelencia Importing Pty Ltd. d/b/a Kennels & Kats (“K&K”) brought forth a complaint against Defendant Jinping Leng d/b/a Delomo (“Defendant”). The core allegation was that the Defendant, through inequitable conduct, obtained U.S. Patent No. D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

The legal action claimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional. K&K, an online retailer specializing in pet supply products, alleged that the Defendant was fully aware of the materiality of the omissions, which rendered the design in the Asserted Patent unpatentable. The complaint suggested that, had the United States Patent and Trademark Office (USPTO) been aware of this information, the patent would not have been granted.

The complaint further asserted that the Defendant, despite knowledge of the invalidity of the Asserted Patent, made false infringement claims to Amazon against K&K. This action resulted in the suspension of K&K’s Amazon listings, causing immediate harm to its business. The ramifications of such suspension on an online retailer’s revenue and reputation are substantial, especially given Amazon’s market dominance.

February 2, 2024

CONNEX(T) Clash: Ventris Medical vs. Nexxt Spine Trademark Dispute

By Overhauser Law Offices, LLC

In a recent legal action, California-based Plaintiff Secada Medical LLC, doing business as Ventris Medical, LLC, has filed a complaint against Defendant Nexxt Spine, LLC alleging trademark infringement and unfair competition under the federal Lanham Act, 15 U.S.C. § 1051 et seq.

Court documents state that Ventris has expertise in creating, promoting, and distributing advanced tissue and bone healing solutions tailored to meet the specific requirements of different surgical fields. Ventris claims to have actively advertised and sold items bearing the CONNEXT® brand for numerous years. They allege that Nexxt Spine, and Indiana company, is violating Ventris’ trademark by using a similar mark, CONNEXX, for their own surgical implant kits.

The crux of Ventris’ complaint lies in the similarity between the CONNEXT® mark and Nexxt Spine’s CONNEXX mark, with the only difference being the final letter (“T” vs. “X”). Ventris asserts that both marks are used in connection with highly related surgical products and are targeted at the same consumers within the medical community, thus increasing the likelihood of confusion among consumers regarding the source or affiliation of the products.

January 26, 2024

Diamonds in Dispute: Shima’s Legal Battle Against SRT for Copyright Infringement

By Overhauser Law Offices, LLC

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.

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.

January 22, 2024

G & G Closed Circuit Events, LLC Sues Indiana Restaurant/Bar, La Jalisco, LLP In Cable Piracy Suit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff G & G Closed Circuit Events, LLC, a California-based heavyweight in sports distribution, claims they owned exclusive distribution rights to the . They have brought suit against Defendant La Jalisco LLP, the owner and operator of a commercial restaurant and bar in Indianapolis, accusing them of illicitly showcasing the coveted Program.

Title 47 U.S.C. Section 605(a) specifically “prohibits the unauthorized interception, receipt, publication and use of communications, including satellite television signals.” G & G contends that La Jalisco LLP violated this law by knowingly and willfully advertising the viewing event on Facebook, intercepting the signal, and exhibiting the unauthorized Program within their establishment.

G & G is seeking statutory damages, claiming willful violations for commercial advantage. They seek an amount for each violation, alongside recovery of full costs and attorneys’ fees. In addition, Plaintiffs are asking for compensatory, exemplary, and punitive damages.

January 15, 2024

Tap Wars: Delta Faucet Company’s Patent Dispute with Sanitary Ware

By Overhauser Law Offices, LLC

In the modern era of technological advancements and the burgeoning landscape of online commerce, the interconnection of patent law with the dynamics of e-commerce platforms presents intricate challenges. A recent legal dispute between Wenzhou Xin Xin Sanitary Ware Co., Ltd. (“Sanitary Ware” or “Plaintiff”) and Delta Faucet Company (“DFC”) illuminates the complexities faced by international entities selling products on major online platforms like Amazon, particularly concerning allegations of patent infringement.

According to the complaint, Sanitary Ware, a Chinese-based company operating as “HGN Sanitary Ware,” sells kitchen appliances and accessories, including glass rinsers, primarily through the Amazon Marketplace. Court documents also describe DFC, as an American plumbing fixture manufacturer under Masco Corporation, who is alleging patent infringement of its U.S. Patent No. 11,473,277 (“the ‘277 Patent”) against specific Xin Glass Rinsers listed by Sanitary Ware on Amazon.

DFC claims ‘277 Patent details a rinsing apparatus comprising components like a mounting base, fluid discharge member, valve member, and escutcheon. DFC says they initiated an Amazon Patent Evaluation Express (“APEX”) proceeding against Sanitary Ware’s Xin Glass Rinser based on claim 1 of the ‘277 Patent, and Sanitary Ware chose not to participate in the APEX, leading Amazon to remove the listing of the disputed Xin Glass Rinser.