Indiana Intellectual Property Law News

November 3, 2023

Preliminary Injunction Denied in Vandor Group, Inc. v. Batesville Casket Company Suit

Richmond, Indiana – In a recent legal case between Plaintiff, Vandor Group, Inc., and Defendant, Batesville Casket Company, Vandor sought a preliminary injunction against Batesville for alleged patent infringement concerning casket rental inserts. Vandor claimed that Batesville’s actions caused irreparable harm, impacting their expansion plans and profitability.

In its decision-making process, the Court applied Federal Circuit Law, which outlines four factors for determining whether a preliminary injunction is warranted: “(1) the movant’s reasonable likelihood of success on the merits; (2) the irreparable harm the movant will suffer if preliminary relief is not granted; (3) the balance of hardships tipping in its favor; and (4) the adverse impact on the public interest.”

The court primarily focused on irreparable harm and the likelihood of success, noting that irreparable harm is assumed when patent validity and infringement are established. However, the defendant can rebut this presumption by presenting evidence to the contrary. The judge ruled that Vandor’s claims of irreparable harm, based on lost expansion opportunities, potential economic losses, and the pending expiration of patents, were speculative and lacked substantial supporting evidence. Emphasizing that general assertions of economic harm without specific evidence are insufficient to prove irreparable harm, the court dismissed Vandor’s argument about the limited duration of their patents as a basis for irreparable harm, based on established legal precedent.

November 1, 2023

177 Trademark Registrations Issued to Indiana Companies in September 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 177 trademark registrations to persons and businesses in Indiana in September 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark
7188397	KINGDOM ROOFING SYSTEMS
7184867	TRUE ESSENCE
7184446	TRUE ESSENCE
7202013	NATE & NATTY
7201936	CHERRY RUSH
7201492	TIMTUSK

October 30, 2023

Mortgage Company Seeks FREEDOM From Alleged Trademark Infringement Suit

By Overhauser Law Offices, LLC

New Jersey Plaintiff, Freedom Mortgage Corporation, has filed a complaint against New Albany, Indiana Defendant, Freedompoint, LLC, for claims of trademark infringement and related unfair competition in the home mortgage and refinancing field.

According to the complaint, the Plaintiff has owned and used several FREEDOM trademarks since December 1992, and its subsidiary (Roundpoint Mortgage Servicing Corporation) has owned and used ROUNDPOINT marks for the last 13 years. The trademarks that are at issue in the lawsuit are the FREEDOM MORTGAGE trademark (Reg. No. 4,631,944), the FREEDOM MORTGAGE logo trademark (Reg. No. 4,631,946), the ROUNDPOINT trademark (Reg. No. 3,595,914), and ROUNDPOINT EXCHANGE (Reg. No. 5,172,847). According to Court documents, all the trademarks are specified for use in financial services, specifically the mortgage industry.

Freedom Mortgage alleges that the Defendant, Freedompoint, began using the word and design marks FREEDOMPOINT, FREEDOMPOINT MORTGAGE, and their FREEDOMPOINT logo as early as 2020. It is the Plaintiffs’ belief that the FREEDOMPOINT mark used by the Defendants in similar financial and mortgage services is a combination of its own FREEDOM MORTGAGE and ROUNDPOINT marks and, therefore, causes confusion among its customer bases. Furthermore, the Plaintiffs’ contend that the Defendants previously knew about the FREEDOM marks owned by the Plaintiff and have refused to cease-and-desist from using the alleged Infringing Marks.

October 27, 2023

Banjo Corporation Sues Green Leaf, Inc. Over Trademarked Yellow Handle

By Overhauser Law Offices, LLC

Crawfordsville, Indiana – Plaintiff, Banjo Corporation (formerly known as Terra-Knife and Terra-Products) is suing Fontanet, Indiana company, Green Leaf, Inc. (also known as TerreMax) for Trademark infringement under 15 U.S.C. § 1114(1), unfair competition, use of false designations of origin and false advertising under 15 U.S.C. § 1125(a); as well as infringement and unfair competition under Indiana common law.

According to the complaint, Banjo is a leading business in the development and sales of commercial, industrial, and agricultural products, and is most widely known for its valves that regulate the flow of liquids in hoses and pipes. It claims its customers identify these valves by their distinctive yellow handle that is sold on all 150 types of control valves that they sell. Court documents show that Banjo has received a Trademark registration (No. 6,600,065) for the Yellow Handle Design specifically for “liquid handling products for commercial, industrial and agricultural use, namely control valves for regulating the flow of liquids in hoses and pipes.”

The Plaintiff alleges that Green Leaf, who sells similar valves but with green handles, recently hired two Banjo employees, and has launched a new division of its company called, TerreMax, which is not only very close in name to Banjo’s previous company names, Terre Knife and Terre Products, but it has also begun selling a line of control valves that have handles in the exact shade of yellow that Banjo uses for their product. The complaint claims that Green Leaf is acting “in a deliberate effort to encourage false associations with Banjo,” through its name change, handle color, and advertisements which point customers away from Banjo and toward Green Leaf’s nearly identical product.

October 23, 2023

HealthSmart Foods Files Suit Over SWEET NOTHINGS Trademark

By Overhauser Law Offices, LLC

Evansville, Indiana – Plaintiff HealthSmart Foods, Inc., has brought a Trademark infringement suit against Menlo Park, California Defendants Beth Porter and Sweet Nothings, Inc. In addition to infringement claims, the suit also alleges Unfair Competition, Trademark Dilution, and Deceptive Trade Practices.

According to the complaint, HealthSmart has been manufacturing, marketing, and selling health food snacks that include a line of chocolates, candies, nut butter food snacks with chocolate/peanut butter flavors, and chocolate/banana/peanut butter flavors, under the SWEET NOTHINGS Trademark (registration no. 5,306,700). HealthSmart claims that it has marketed and sold these products on its website, on Amazon.com, and in stores across the country.

The Plaintiff’s suit claims that the “Defendants have used a mark [SWEET NOTHINGS] identical in appearance, sound, and meaning for substantially similar products.” HealthSmart alleges that the Sweet Nothings, LLC, owner, Beth Porter, used the mark even though she became aware of the similarities when the United States Patent and Trademark Office twice refused to issue Porter a Trademark Registration for the SWEET NOTHINGS Mark due to the likelihood of confusion with HealthSmart’s SWEET NOTHINGS Mark. To remedy this, the Plaintiff claims, Porter submitted statements that her products would be exclusively frozen, fruit would be the primary ingredient, and they would contain chia seeds, flax seeds, and dates. However, HealthSmart argues that Porter has since manufactured and sold “Nut Butter Bites,” which is a candy that is not frozen, nor does it contain fruit as a primary ingredient, nor is it comprised of chia seeds, flax seeds, or dates.

October 20, 2023

Multiple Patents Allegedly Infringed Upon In Suit between Rogue Fitness and Bells of Steel USA, Inc.

By Overhauser Law Offices, LLC

Columbus, Ohio – Plaintiff Coulter Ventures, LLC, d/b/a Rogue Fitness (“Rogue”) filed suit against Bells of Steel USA Inc., for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom.

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. 11,173,337: “Weightlifting Assembly and Weight Rack Including Weightlifting Assembly”, Patent No. 10,226,661: “Weightlifting Rack Assembly and Wall Mount Bracket for a Weightlifting Rack Assembly,” Patent No. D992,063: “Wall Mounted Exercise Rack,” Patent No. D961,020: “Weight Plate,” and Patent No. RE49,513: “Barbell.” Rogue states that all these patented products are listed on the company’s website for the public to view at any time.

In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents. Rogue specifically identified 8 of the products Bells advertises as infringing upon the Plaintiff’s patents in their design and/or utility. The Plaintiffs claim that the Defendant relies on “making cheap copies of products and designs created by others and only later dealing with patent infringement.”

October 17, 2023

Patent Office Issued 297 Patents to Indiana Entities in August 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 297 patents to persons and businesses in Indiana in August 2023:

Patent Number	Patent Title
US 11739342 B2	Nucleotide sequences and polypeptides encoded thereby useful for modifying plant characteristics
US 11739561 B2	Electronic door with key-in-lever feature
US 11739053 B2	P62-ZZ chemical inhibitor
US 11737896 B2	Wirelessly-powered implantable EMG recording system
US 11737944 B2	Removable customizable casket panel

October 16, 2023

1927 Enters the Public Domain

By Overhauser Law Offices, LLC

United States – The year 1927 brought with it musical compositions by the likes of Duke Ellington, cinematic masterpieces by film greats like Alfred Hitchcock, who produced his first thriller in 1927, The Lodger: A Story of the London Fog, and pieces of classic literature, such as To the Lighthouse, by Virginia Woolf. All the authors, composers, and directors of those pieces, along with others like them, wisely had their works copyrighted, giving them exclusive rights over how (and by whom) their work could be used.

However, January 1^st of each year marks the expiration of another year of historical copyrights, and 2023 ushered works from the year 1927 into the public domain, making them eligible for extensive use without permission or royalties. Although copyright expirations may mean a loss of income and control for the original authors/producers of the material, the public domain gives current artists opportunities to draw inspiration and build on previous ideas. It gives libraries, historians, and museums the right to collect and preserve documents and media that would otherwise be destroyed or remain unknown. It also makes educational materials less expensive and readily available, because without factoring in the cost of copyright permissions, publishers and teachers can reproduce and distribute copies of materials at much lower costs to students and taxpayers.

October 13, 2023

165 Trademark Registrations Issued to Indiana Companies in September 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 165 trademark registrations to persons and businesses in Indiana in September 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
7176226		FLYDREAM FEATHERS
7178103		NUTRAMIGEN
7175120		SCRAPS ROOTED IN COMPOST ROOTED IN COMPOST ROOTED IN COMPOST
7175088		SCRAPS ROOTED IN COMPOST
7175083		SCRAPS
7174815		UNBOX WHAT’S POSSIBLE

October 13, 2023

Magistrate Judge Joshua P. Kolar Congratulated on his Seventh Circuit Nomination

By Overhauser Law Offices, LLC

Magistrate Judge Joshua P. Kolar

HAMMOND, Indiana – On October 10, 2023, Chief Judge Holly A. Brady congratulated Magistrate Judge Joshua P. Kolar on his nomination by President Joseph R. Biden to the United States Court of Appeals for the Seventh Circuit. If confirmed, Judge Kolar will fill the vacancy left behind by the death of Judge Michael S. Kanne.

In her statement about Judge Kolar, Chief Judge Brady wrote that the judges of the Northern District of Indiana are extremely proud of Magistrate Judge Kolar for being nominated to the Seventh Circuit. She also remarked that Judge Kolar “has been a tremendous asset as a member of the judiciary for the Northern District [of Indiana]…his thoughtful and humble approach to the matters pending before him will surely be missed by the bench, the bar and litigants, the judges anxiously await Judge Kolar’s much deserved confirmation.”