Intellectual Property Law

July 18, 2025

Rethinking Schedule A: Federal Courts Reexamine Mass IP Enforcement Tactics

A recent court order in Warner Bros. Entertainment Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A highlights a shift in judicial handling of certain intellectual property lawsuits commonly known as “Schedule A” cases. These cases are typically filed under the Lanham Act, Copyright Act, or Patent Act against numerous online sellers, and often involve sealed dockets, temporary restraining orders, and asset freezes — all granted on an emergency, or ex parte, basis without prior notice to the defendants.

In this June 9, 2025 order, Judge John F. Kness of the Northern District of Illinois placed the case on hold and stayed all pending motions. The judge noted this pause would allow the court to reevaluate how these Schedule A cases are handled. Specifically, the court is taking a fresh look at whether these practices are appropriate and fair. The issues under review include whether ex parte proceedings should be the norm, whether sealing most or all of the case docket is justified, whether restraining orders and asset freezes should be issued without prior notice, and whether it’s proper to group numerous defendants into one lawsuit.

The case was not dismissed, but plaintiffs like Warner Bros.v were told they could choose to voluntarily move their lawsuits to another district. However, any further filings in the case would require permission from the court.

April 28, 2025

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

By Overhauser Law Offices, LLC

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.

August 23, 2024

Parisian Photography Sues Angi for Alleged Instagram Copyright Breach

By Overhauser Law Offices, LLC

Paris-based photographer Julien Pepy has filed a lawsuit against Angie’s List, Inc., also known as Angi, for alleged copyright infringement. The case, filed in the Southern District of Indiana, highlights the growing concerns around digital content use and copyright protections.

Julien Pepy, a professional photographer renowned for his distinctive images, claims that Angi, a major digital marketing company operating under the Instagram handle “@angi,” used his copyrighted photographs without permission. According to the complaint, Pepy’s works were displayed on Angi’s Instagram account in August 2023 without any authorization.

Pepy’s lawsuit alleges that Angi displayed three of his photographs—showcasing various angles and details of bathroom vanities—on its account. The complaint emphasizes that these images were not only displayed but were also distributed commercially, contradicting copyright laws that protect creators’ rights.

August 9, 2024

Fighting for the Max: Nutramax Battles Alleged Trademark Violations

By Overhauser Law Offices, LLC

Lancaster, South Carolina – Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (collectively known as “Nutramax”) have filed suit against Indiana company, Abumayyaleh Bros, LLC. The Plaintiffs allege multiple intellectual property violations including trademark infringement, unfair competition, and tortious interference with contractual relationships.

According to the complaint, Nutramax contends that Abumayyaleh Bros, LLC is reselling Nutramax products, specifically their Proviable®-DC Digestive Health Supplement Capsules, on Amazon without authorization. The Plaintiffs are concerned that the products bear Nutramax’s well-known trademarks, such as PROVIABLE and NUTRAMAX LABORATORIES, but do not adhere to the stringent storage, distribution, and customer support standards set by Nutramax for its authorized resellers.

Nutramax asserts that the defendants’ unauthorized use of their trademarks constitutes a trademark infringement violation of Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)). By selling products under the Nutramax Marks without authorization, the Plaintiffs claim the defendants are causing consumer confusion regarding the source and authenticity of the products.

June 21, 2024

Cancer Treatment Controversy: Eli Lilly and POINT Biopharma Sued by Purdue for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Eli Lilly and Co., together with POINT Biopharma, are facing a lawsuit accusing them of willful infringement of a cancer treatment patent held by the Purdue Research Foundation. The lawsuit, filed in the U.S. District Court for the Southern District of Indiana, alleges that the defendants have infringed on patents related to radiotherapeutic drugs for prostate cancer, particularly focusing on POINT’s drug PNT2002.

The Purdue Research Foundation, along with co-plaintiffs Endocyte Inc. and Novartis Pharmaceuticals Corp., claims that POINT’s PNT2002 infringes on U.S. Patent 10,624,970, which covers treatments targeting the prostate-specific membrane antigen (PSMA). The plaintiffs assert that POINT’s actions have caused substantial damage and are seeking injunctive relief and monetary damages.

Lilly’s spokesperson stated that the lawsuit lacks merit and expressed confidence in defending against the claims. The case, assigned to District Judge Richard Young and Magistrate Judge Tim A. Baker, is documented under Case No. 1:24-cv-01011.

June 14, 2024

Who Decides? A Critical Examination of Arbitrability in Right of Publicity Cases

By Overhauser Law Offices, LLC

The court’s recent opinion by Justice Massa in Illinois Casualty Company (ICC) v. Thirty-Three Models addresses the key question of “Who decides?” in the context of arbitrability, focusing on whether disputes should be resolved by arbitration or through the courts based on the parties’ agreements. This case exemplifies an intellectual property law dispute centered on the right of publicity, which protects an individual’s identity from unauthorized commercial exploitation. The right of publicity grants individuals exclusive authority to license their own identity for commercial purposes, safeguarding their name, likeness, and other recognizable aspects from being used without permission for profit. By addressing the misuse of a person’s identity for commercial gain, this case shows the importance of upholding intellectual property rights to ensure individuals retain control over how their identity is used in the marketplace.

The main issue explored in this opinon is who has the authority to decide if a dispute must be resolved through arbitration. The court considered two primary questions:

Does incorporating American Arbitration Association (AAA) rules indicate a clear intent to delegate arbitrability to an arbitrator.

June 7, 2024

Snapshot Showdown: Photographer’s Copyright Battle with Indiana Corporation, My Sauna World LLC

By Overhauser Law Offices, LLC

Prince William County, Viriginia – Plaintiff Morgan Howarth has filed suit against Fishers, Indiana Defendant, My Sauna World LLC. Morgan Howarth, a professional photographer, accuses Sauna World LLC of infringement under the Copyright Act, 17 U.S.C. §101 et seq. for allegedly using his copyrighted photographs without permission or authorization.

The photograph in question is a master bathroom image that Howarth claims he created and registered with the United States Copyright Office in 2011. Despite his purported ownership and licensing rights, Howarth argues that My Sauna World LLC prominently featured the photograph on its own website as part of an online product listing, thereby infringing on Howarth’s copyright.

Central to the case is the question of whether My Sauna World LLC’s actions constitute willful copyright infringement. Howarth argues that the defendant knowingly and intentionally violated his copyright by continuing to reproduce and display the photograph even after they were notified of the alleged infringement.

May 31, 2024

Eli Lilly Settles with Totality Medispa Over False Advertising

By Overhauser Law Offices, LLC

Eli Lilly and Company has reached a settlement with Totality Medispa, a South Carolina-based medical spa, after filing lawsuits in late 2023. The agreement requires Totality Medispa to pay a monetary amount and stop misleading consumers about selling Lilly’s popular, FDA-approved, diabetes and weight-loss treatments, tirzepatide, Mounjaro® or Zepbound®.

Eli Lilly is the only authorized supplier of FDA-approved tirzepatide medicines in the U.S. and does not provide tirzepatide’s active pharmaceutical ingredient (API) to any compounding pharmacies. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.

Because Eli Lilly places patient safety at the forefront, the company has been alarmed by the dangers of Totality Medispa’s products being falsely marketed as FDA-approved tirzepatide, Mounjaro®, or Zepbound®. These counterfeit products have not been reviewed by the FDA or any global regulatory bodies, posing serious health risks to patients.

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.