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Indianapolis, Indiana – Trademark lawyers for Brandt Industries Ltd. of Saskatchewan, Canada, have brought a declaratory judgment action concerning the mark BRANDT, as used in connection with agricultural equipment and the manufacture thereof. The existence of the requisite “actual controversy” is based on the defendant, Pitonyak Machinery Corporation of Carlisle, AR, allegedly previously claiming to the plaintiff that the plaintiff’s use of the mark is infringing.

The mark at issue is not currently registered with the U.S. Trademark Office, but both parties have used the mark for several decades in different geographic areas. The plaintiff cites its prior “common law” rights in the mark, based on its continuous use of the mark in commerce, and requests that the court declare, among other things, that this use is non-infringing.

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Indiana patent attorneys obtained issuance of the following 94 patents from the US Patent Office to persons and businesses in Indiana in June, 2010:

 

PAT. NO.

 

Title

1

7,747,572

Method and system for supply chain product and process development collaboration

2

7,747,400

VA metering in polyphase systems

3

7,747,067

System and method for three dimensional modeling

4

7,745,966

Method and device for an actuator motor including an air-actuated brake device

5

7,745,732

Drawn strand filled tubing wire

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Indianapolis, Indiana – Patent infringement lawyers for Eli Lilly and Company of Indianapolis, IN, filed a complaint alleging Actavis Totowa LLC of Little Falls, NJ, and Actavis Elizabeth LLC of Elizabeth, NJ, are infringing Patent No. 5,464,826, titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES and issued by the U.S. Patent Office.

The ‘826 patent covers the drug marketed under the name GEMZAR(R) for the treatment of abnormal masses of tissue known as neoplasms. The complaint states that, in a separate lawsuit, the ‘826 patent was found invalid on grounds of obviousness-type double patenting, but that Lilly has appealed to the Federal Circuit and believes the ruling will be reversed. Lilly also holds approved New Drug Application No. 20-509 for the use of GEMZAR(R) as a treatment for certain types of cancer.
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The US Trademark Office issued the following 157 trademark registrations to persons and businesses in Indiana in June, 2010, based on applications filed by Indiana Trademark Attorneys:

 Reg. Number 

Mark

 Click to View
1           3,804,926 Z-TRAK PLUS View
2           3,801,222 COUNTER CULTURE BY PATACHOU View
3           3,799,569 CHARLOTTE View
4           3,804,373 VENTLINE View
5           3,805,534 INTERACTION CENTER PLATFORM View

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Indianapolis, Indiana – Trademark lawyers for Allison Transmission, Inc., of Indianapolis, IN, have filed a complaint alleging Harlan Global Manufacturing, LLC, of Kansas City, KS, is infringing various trademarks incorporating the terms ALLISON and ALLISON TRANSMISSION(R) in connection with transmissions, including Trademark Registration Nos. 2,686,798; 2,615,428; 2,625,008; 1,666,977; and 1,624,473 which are registered with the U.S. Trademark Office.

The defendant is an OEM manufacturer of tractors who allegedly is using the ALLISON marks in its advertising despite not having any relationship with plaintiff. The complaint sets forth causes of action for trademark infringement, false designation of origin, counterfeiting, dilution, and unfair competition.
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 Indianapolis, Indiana – Intellectual property counsel for J & J Sports Productions, Inc. of Campbell, CA, filed a lawsuit alleging Rocio Albarran of Indianapolis, IN, et al. improperly exhibited the June 2008 Diaz-Pacquaio boxing match. The plaintiff claims to hold the rights to distribute the broadcast of the fight and that the defendants “unlawfully intercepted, received and/or de-scrambled” the satellite signal of the broadcast and publicly showed it at the Taqueria El Maguey establishment in Indianapolis. Violations of 47 U.S.C. §§ 553 and 605(a), which prohibit unauthorized reception and use of satellite and cable system transmissions, are asserted.
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 Indianapolis, Indiana – Patent attorneys for Hill-Rom, Inc. of Batesville, IN, filed suit against Huntleigh Healthcare LLC and Huntleigh Healthcare, Inc., both of Eatontown, NJ, alleging an infringement of the following patents issued by the U.S. Patent Office: Patent No. 7,533,429; Patent No. 7,610,637; Patent No. 6,791,460; and Patent No. 6,208,250. The asserted patents cover bed lifting and positioning technology, and plaintiff claims the defendants are importing, making, using, selling, or offering to sell devices embodying the patented inventions, in violation of the Patent Act.
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Indianapolis, Indiana – Copyright lawyers for Broadcast Music, Inc. (“BMI”) of New York City and various musical copyright holders such as Universal and EMI Virgin Songs have initiated litigation against Bugsy’s Entertainment Group, LLC of Indianapolis, IN. The complaint alleges that the defendants caused the unlicensed performance, at Bugsy’s Sports Grill in Indianapolis, of at least eight musical compositions protected by copyrights registered with the U.S. Copyright Office. The case has been assigned to Senior Judge Larry J. McKinney and Judge Jane E. Magnus-Stinson in the Southern District of Indiana, and assigned case no. 1:10-cv-00721-LJM-JMS.

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Indianapolis, Indiana – Intellectual property attorneys for Masco Corporation of Indiana d/b/a Delta Faucet Company of Indianapolis, IN, have filed a lawsuit alleging Watermark Designs, Ltd.of Brooklyn, NY, has infringed both Patent No. 6,962,168, titled CAPACITIVE TOUCH ON/OFF CONTROL FOR AN AUTOMATIC RESIDENTIAL FAUCET and issued by the U.S. Patent Office, and Trademark Registration No. 3,676,837 for the mark TOUCH20, as registered with the U.S. Trademark Office in connection with plumbing products, namely, faucets.

In its complaint, Delta Faucet asserts that Watermark, without a license or any other authorization, is making, using, selling, or offering for sale, faucets that embody the inventions claimed in the ‘168 patent and marketing those products under a confusingly-similar TOUCH27 mark. With regard to the trademark, the plaintiff also brings causes of action for false designation of origin, false advertising, and unfair competition.
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 Indianapolis, Indiana – Patent lawyers for ICOR International, Inc., of Indianapolis, IN, have filed a complaint seeking a declaratory judgment against E.I. du Pont De Nemours & Company (“DuPont”) of Wilmington, DE. Specifically, ICOR requests a ruling that it is not infringing Patent No. 6,783,691, titled COMPOSITIONS OF DIFLUOROMETHANE, PENTAFLUOROETHANE, 1,1,1,2-TETRAFLUOROETHANE AND HYDROCARBONS, which has been issued by the U.S. Patent Office and assigned to DuPont.
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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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