Indiana Intellectual Property Law News

March 30, 2023

Professional Photographer Files Copyright Infringement Suit Against Used Car Dealers

Portland, Indiana – Plaintiff Alexander Bayonne Stross (‘Stross”) has filed suit against Defendants, Lynn Boolman Auto Sales Limited Liability Company and CARSFORSALE.COM, INC. for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information.

According to the Complaint, Stross was inspired by the growth and development of his hometown Austin, Texas to become a professional photographer. He centers his expertise on complicated architectural and landscape photography. Per the StrossStock website, Stross was nominated and accepted as a professional member of the American Society of Photographers in 2016. He received his B.S. in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet.

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. They tout to be a family owned local car business always looking to give the best deal.

Defendant, CARSFORSALE.COM, INC, founded over 20 years ago, is an online auto marketplace operating out of Sioux Falls, South Dakota. Per their website, their goal is to empower customers to find exactly what they need with a click of the button, because car shopping should be as fun as the drive. They serve over 100 million shoppers annually and work directly with over 22,500 dealerships nationwide.

March 28, 2023

Fireworks Company Takes On Competitors For Stealing Their Spark

By Overhauser Law Offices, LLC

Muncie, Indiana – The Plaintiff, 1.4g Holdings, LLC (“1.4g”), filed suit against North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. § 1125 and Misappropriation of Commercial Properties Under Indiana Common Law.

1.4g Holdings, LLC is a company that produces and sells consumer fireworks under the brand name ‘76 Pro Line. Per their website, ’76 Pro Line’s mission is to provide high quality 1.54g fireworks for hobbyists, enthusiasts, professional shooters, and display companies. ’76 Pro Line items have been featured in displays and product demonstrations at several annual events including Western Winter Blast, Pyrotechnics Guild International, Cobra-Con, and the National Fireworks Association Expo.

North Central Industries, Great Grizzly, Inc. and R. Brown, Inc. (“NCI”) are companies that also produce and sell consumer fireworks. According to its website, NCI is a second-generation, family-owned direct importer and wholesaler of customer 1.4G fireworks. With over 68 years of experience, they serve every pyro need with two distribution points in Muncie, Indiana and Forest Park, Georgia.

March 21, 2023

AI Developing Software Companies Litigate Over Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Disintermediation Services, Inc. (DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement.

DSI is a company that develops and sells software that supports omnichannel communications. DSI built implementations of its products on both Amazon Web Services and Microsoft Azure. Since launching their website in 2011, Disintermediation has handled over one million chat messages.

The Defendant, Perq Software, LLC (“Perq”), according to their website, was founded in 2008 by Andy Medley and Scott Hill, two Harvard Business School alumni set out to untangle a big, hairy problem with multifamily. The PERQ platform combines AI leasing assistant automation with powerful website conversion tools.

March 17, 2023

Alleged Deceptive Practices Result in Award Going to Wrong Business

By Overhauser Law Offices, LLC

Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC, filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for participating in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Roller Ready, LLC is a company that manufactures and sells rollers for various purposes, including painting, cleaning, and home improvement projects. Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers. The founders developed a new product that would allow users to clean paint rollers quickly and easily. The product, called the Roller Ready System, is a self-contained unit that allows users to clean paint rollers with a minimal amount of water and effort.

Monkey Rung is a product development company that is marketed by LA Systems, LLC which is owned and operated by Paul Kiley.

March 16, 2023

Patent Office Issued 270 Patents to Indiana Entities in January 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 270 patent registrations to businesses and individuals in Indiana during January 2023, based on applications filed by Indiana patent attorneys:

Patent Number		Patent Title
US 11566569 B1		Method and system for identifying abnormal valve performance in an internal combustion engine
US 11566670 B1		Sensor bearing housing
US 11565353 B2		Axle welder
US 11564674 B2		Lateral access system and method of use
US 11569616 B2		Connector with top- and bottom-stitched contacts

March 14, 2023

Vandor Group Inc. Files Patent Infringement Lawsuit Against Batesville Casket Company

By Overhauser Law Offices, LLC

Richmond, Indiana –The Plaintiff, Vandor Group, Inc. (“Vandor”) doing business as Starmark Cremation Products, filed suit against Defendant, Batesville Casket Company, Inc. (“Batesville”), for patent infringement.

Vandor was established in 1972 by Bruce Elder in Richmond, Indiana. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components. Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. They have designed, marketing and manufactured Sensible Solutions for its customers. Starmark prides itself on providing innovative, affordable and high quality products so that their customer can focus on the things that matter most; giving all families the opportunity to lay their loved ones to rest in an affordable yet dignified and respectful manner.

March 10, 2023

110 Trademark Registrations Issued to Indiana Companies in February 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 110 trademark registrations to persons and businesses in Indiana in February 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
6986618		OPTAVISE OPTIMAL BENEFITS, WELL-ADVISED.
6986617		OPTAVISE OPTIMAL BENEFITS, WELL-ADVISED.
6986433		LEVEL UP DICE
6986212		BE THE TREE
6985475		THE VINE CONNECTS

March 8, 2023

“As Seen On TV” Corporation Sues Competitor for Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana –The Plaintiff, TeleBrands Corporation, filed suit against Plaintiff, Vieneci Garden, Inc. for patent infringement.

TeleBrands Corporation is a leading direct television marketing company and the original creator of the “As Seen On TV” logo and category of the trade. They are a well-known direct-response marketing company that specializes in developing and promoting innovative consumer products. TeleBrands is currently celebrating 30 years of being in business. Its products can be found in over 70 countries. One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. TeleBrands holds several patents related to the design and construction of expandable garden hoses, including US10174870 and US10890278 both titled “Expandable and Contractible Garden Hose.”

Vieneci Garden, Inc. is a competing company that also produces and sells expandable garden hoses that is based out of Franklin, Indiana. According to the Indiana Secretary of State Vieneci was created in August of 2022. Their website touts them to be a preferred gardening tools supplier for a number of garden owners and gardeners.

March 7, 2023

Local Medical Supply Store Sued for Selling Counterfeit Products

By Overhauser Law Offices, LLC

Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Defendant, JV Medical Supplies, Inc. for trademark infringement, false advertising and patent infringement.

BTL Industries, founded in 1993, is a leading manufacturer of non-invasive medical devices that are used for cosmetic and therapeutic purposes. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The device is used for body contouring, muscle strengthening, and rehabilitation. The FDA has cleared EMSCULPT for non-invasive treatment for the abdomen, buttocks, arms, calves and thighs.

JV Medical Supplies, a competitor of BTL Industries, also manufactures a similar medical device called the Muscle Stimulator. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications. The Indiana Secretary of State indicates that the corporation was created in 2021.

March 2, 2023

USPTO Ushers in New Era with Introduction of Electronic Patent Grants

By Overhauser Law Offices, LLC

Beginning April 18, 2023, the U.S. Patent and Trademark Office (USPTO) is shifting towards issuing paper waste-reducing electronic patent grants (eGrants) to patent recipients—a new process that delivers the official copy of patent grants in an electronic format. We will provide a bound paper version as a ceremonial copy throughout a limited transition period, and then for a nominal fee thereafter.