The U.S. Trademark Office issued the following 132 trademark registrations to persons and businesses in Indiana in February 2021 based on applications filed by Indiana trademark attorneys:
| Reg. Number | Word Mark | ||
| 1 | 6261981 | HOPE-FULL LIVING | |
| 2 | 6277718 | CZ ZEROCARB LYFE | |
| 3 | 6277112 | FIRST CLASS LIFE | |
| 4 | 6276978 | MARKETTREND | |
| 5 | 6276678 | XSOFT |
Indianapolis, Indiana – Apparently, Larry Philpot is a well-known photographer of musicians and concerts across the United States. Mr. Philpot has also filed numerous copyright infringement lawsuits over recent years. According to the Complaint, Mr. Philpot took a photograph of Ted Nugent and registered it with the U.S. Copyright Office under Registration No. VAu 1-164-624 (the “Photo”).
Mr. Philpot claims Odyssey Media Group, Inc. (“Odyssey”), the Defendant, used the Photo on its website without his permission or authorization in connection with an article titled “36 ‘Celebrities’ That Openly Support Trump.” Per the Complaint, Odyssey did not attempt to license the Photo for use, copying, publication, or display. Due to the alleged copyright infringement, Mr. Philpot is seeking actual compensatory damages, the disgorgement of profits, or statutory damages pursuant to 17 U.S.C. § 504 and his costs and attorneys’ fees pursuant to 17 U.S.C. § 505.
Indianapolis, Indiana – Apparently, ADESA, Inc. and its wholly owned subsidiary Autoniq, LLC, the Plaintiffs, are in the business of remarketing vehicles through the internet and at auction. ADESA claims to be the owner of U.S. Trademark Registration Nos. 1,783,137, 2,504,410, and 2,930,226 (the “ADESA Marks”). Autoniq claims to own U.S. Trademark Registration No. 4,502,642 (the “Autoniq Mark”).
According to the Complaint, Laser Appraiser, LLC, the Defendant, is in the business of providing used car dealership management software to wholesalers and dealerships via a mobile and desktop application. ADESA claims Laser Appraiser previously licensed the use of certain data (“Run Lists”), marks, and logos from ADESA pursuant to a License Agreement. The License Agreement was apparently terminated on or about December 31, 2018. However, ADESA claims Laser Appraiser continued to display current Run Lists it either misappropriated or illegitimately procured from third parties. When ADESA discovered this use, it claims it requested for Laser Appraiser to remove the allegedly infringing marks and Run Lists from its website.
Autoniq claims Laser Appraiser purchased online keyword search advertisements on Google that resulted in sponsored ads that used the Autoniq Mark without Autoniq’s permission. It further claims that Laser Appraiser posted a comparison post on its webpage between the two companies that contained allegedly false statements. Therefore, Autoniq sent a cease and desist letter to Laser Appraiser for its alleged use of the Autoniq Mark.
Plaintiffs are seeking damages for federal trademark infringement, unfair competition, false designation of origin, and false advertising under the Lanham Act (15 U.S.C. §§ 1117 and 1125). Further, Plaintiffs are claiming Laser Appraiser committed common law unfair competition and violated Indiana’s Crime Victim’s Relief Act (I.C. § 35-24-3-1 et seq.).
The U.S. Patent Office issued the following 245 patent registrations to persons and businesses in Indiana in June 2020, based on applications filed by Indiana patent attorneys:
Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.
| Patent No. | Title |
| RE048069 | Fire-fighting monitor with remote control |
| D0888670 | Cable connectors |
| D0888611 | Buckle cover |
| D0888536 | Compact electronic lock |
| 10,698,429 | Electronic user interface for electronic mixing of water for residential faucets |
| 10,697,701 | Method and apparatus to prevent electronic device screen damage |
The U.S. Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in June 2020 based on applications filed by Indiana trademark attorneys:
Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.
| Reg. Number | Word Mark |
| 6079502 | VERA BRADLEY |
| 6074510 | SOLARBAG |
| 6081975 | DRAKE’S CARWASH |
| 6087506 | GROUND FREIGHT SOLUTIONS |
| 6085844 | GO WITH EXPERIENCE. GO WITH GERLING. |
| 6085713 | CALZBONE |
The U.S. Patent Office issued the following 180 patent registrations to persons and businesses in Indiana in May 2020, based on applications filed by Indiana patent attorneys:
Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.
| Patent No. | Title | |
| 1 | RE048006 | Base for an automatic injection device |
| 2 | PP031799 | Buddleia plant named `PODARASNGA3` lindleyana) |
| 3 | PP031798 | Buddleia plant named `PODARASNGA2` lindleyana) |
| 4 | PP031790 | Shrub rose plant named `WEKchedowahor` |
| 5 | D0885578 | Spinal implant |
| 6 | D0885512 | Target media holder |
| 7 | D0885397 | Computer mouse docking station |
| 8 | D0885111 | Food warmer |
| 9 | 10667439 | Discrete power component assembly |
| 10 | 10667110 | System and method for using an electronic lock with a smartphone |
The U.S. Trademark Office issued the following 187 Trademark Registrations to persons and businesses in Indiana in May 2020 based on applications filed by Indiana Trademark Attorneys
Overhauser Law Offices the publisher of this site, assists with U.S. and Foreign Trademark searches, Trademark Applications and assists with enforcing Trademarks via Infringement Litigation and Licensing.
| Reg. Number | Word Mark | |
| 1 | 6062597 | VALUECHARTS |
| 2 | 6064236 | NEOTI |
| 3 | 6064035 | RESPLENDENCE |
| 4 | 6063944 | |
| 5 | 6063915 | |
| 6 | 6063914 | ADVANCED AGRILYTICS |
| 7 | 6063631 | TURBO TURN |
| 8 | 6063591 | AMG |
| 9 | 6063421 | GIGTEL |
| 10 | 6063360 | EACH LIFE IS PRECIOUS |
Overhauser Law Offices the publisher of this site, assists with U.S. and Foreign Trademark searches, Trademark Applications and assists with enforcing Trademarks via Infringement Litigation and Licensing.
| Reg. Number | Word Mark | |
| 1 | 6044389 | CAMPAIGN AD-CLOUD |
| 2 | 6042101 | PASIC |
| 3 | 6042098 | KEEP MI SMILE |
| 4 | 6041679 | FOOTFIXR |
| 5 | 6041624 | WEIRD WAVES PODCAST |
| 6 | 6041422 | GONZO MUSEUM |
| 7 | 6041419 | GONZO GALLERY |
| 8 | 6041347 | LONGVIDA OPTIMIZED CURCUMIN |
| 9 | 6044127 | DIAMOND SHINE |
| 10 | 6044098 | JUST ONE PENNY |
The U.S. Patent Office issued the following 189 patent registrations to persons and businesses in Indiana in April 2020, based on applications filed by Indiana patent attorneys:
The U.S. Patent Office issued the following 189 patent registrations to persons and businesses in Indiana in April 2020, based on applications filed by Indiana patent attorneys:
| Patent No. | Title | |
| 1 | D0882736 | Faucet handle |
| 2 | D0882276 | Nonwoven fabric |
| 3 | 10,637,388 | Motor drive with moisture control features |
| 4 | 10,637,387 | Motor control device |
| 5 | 10,636,583 | Material property capacitance sensor |
| 6 | 10,634,677 | Use of acamprosate to modulate ERK1/2 activation in animal models for FXS and ASD and individuals diagnosed with FXS and ASD |
| 7 | 10,634,659 | Test strip ejector for medical device |
| 8 | 10,634,579 | Methods and apparatus for detecting position of a liquid |
| 9 | 10,634,549 | Hospital bed scale calibration methods and patient position monitoring methods |
| 10 | 10,634,397 | Devices, systems, and methods for the rapid transient cooling of pulsed heat sources |
New Albany, Indiana – Ultra Athlete LLC (“Ultra Athlete”) originally filed suit against Defendants, Jalmar Araujo and JB Sports, LLC d/b/a Flexibrace, in the Southern District of Indiana. Ultra Athlete claimed the Defendants willfully infringed its rights in both United States Patent Nos. 6,749,578 for “Ankle Brace With Cuff and Strap” and D550,370 for “Ankle Brace Shell”. Further, Ultra Athlete claimed Defendants violated the Lanham Act by infringing its trade dress and by acting in a manner that constituted unfair competition. Finally, Ultra Athlete claimed Defendants violated the unfair competition laws of Indiana.
After the Court dismissed the patent infringement and Lanham Act unfair competition claims, the only claims remaining in the suit were trade tress infringement and unfair competition under Indiana laws. Ultra Athlete filed the dismissed claims in the proper venue – the District of Massachusetts – and Defendants moved to transfer the remaining claims to the same venue.
Judge Richard L. Young of the Southern District of Indiana granted the Motion to Transfer the case to the District of Massachusetts stating, “[t]he court finds the convenience of the parties, the convenience of the witnesses, and the interests of justice warrant” the transfer. Judge Young further noted, “most importantly, transferring this case to Massachusetts will avoid duplicative litigation and the potential for conflicting rulings.” Overhauser Law Offices represented the prevailing Defendants in both the Motion to Dismiss and the Motion to Transfer.
Indiana Intellectual Property Law News