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Indianapolis, Indiana – Intellectual property counsel for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Novedades Latina of Indianapolis, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Indianapolis, Indiana – Intellectual property attorneys for Jane Ruemmele of Indiana have filed an infringement lawsuit against Fundex Games, Ltd. of Indianapolis, IN.

The plaintiff created a game in which the players place historical events described on cards in chronological order and markets this game under the trademark CHRONOLOGY(R), as registered with the U.S. Trademark Office under Trademark Registration No. 2,044,867. Copyrights in the game have been registered with the U.S. Copyright Office. The defendant acquired the company to whom the plaintiff licensed her game, but the complaint alleges that defendant failed to pay royalties for game sales and continues to sell the game despite the end of the license. Among others, causes of action are brought for breach of the license contract, trademark infringement, counterfeiting, unfair competition, copyright infringement, and trademark dilution.
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Indianapolis, Indiana – Patent lawyers for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Hospira, Inc. of Lake Forest, IL of Lake Forest, IL, has infringed and will infringe the following two patents, as issued by the U.S. Patent Office: Patent No. 4,808,614, titled DIFLUORO ANTIVIRALS AND INTERMEDIATE THEREFOR, and Patent No. 5,464,826, titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES.

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 notes 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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Indianapolis, Indiana – Patent lawyers for One Number Corporation of Anderson, IN, have filed a lawsuit alleging Google, Inc. of Mountain View, CA, has infringed the following two patents, as issued by the U.S. Patent Office: Patent No. 7,440,565, titled CONTACT NUMBER ENCAPSULATION SYSTEM, and Patent No. 7,680,256, titled CONTACT NUMBER ENCAPSULATION SYSTEM.

The asserted patents claim telecommunications systems which allow a user to obtain a telephone number that is associated with the individual, rather than being tied to a specific location or phone. The plaintiff’s complaint alleges that the defendant’s Google Voice PC-to-phone service, as well as the GrandCentral technology which defendant previously acquired, infringes both patents.
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 Indianapolis, Indiana – Patent attorneys for Eli Lilly and Company of Indianapolis, IN, and its subsidiary ICOS Corporation of Indianapolis, IN, initiated litigation alleging Synthon Pharmaceuticals, Inc. of Research Triangle Park, NC, have infringed the following two patents, as issued by the US Patent Office: Patent No. 6,821,975, titled BETA-CARBOLINE DRUG PRODUCTS, and Patent No. 7,182,958, titled BETA.-CARBOLINE PHARMACEUTICAL COMPOSITIONS.
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New Albany, Indiana – Trademark lawyers for Batesville Services, Inc. of Batesville, IN, filed an infringement suit alleging Safe Choice, Inc. of Charlotte, NC, and the Safe Choice principals are infringing various trademarks for burial caskets, including several which are registered with the U.S. Trademark Office.

The plaintiff is a long-time manufacturer and marketer of caskets and alleges in its complaint that the defendants are using, without approval, Batesville trademarks and related imagery on their Web site to advertise caskets. The complaint also cites the plaintiff’s copyrighted lithographic casket images, as registered with the U.S. Copyright Office, and includes claims for copyright infringement as well as trademark infringement and unfair competition.
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Fort Wayne, Indiana – Copyright lawyers for Sandra Wilson of Portland, TN have filed a lawsuit alleging Michelle Parrish d/b/a Want2Scrap of Fort Wayne, IN, has infringed a copyrighted work, for which an application has been filed with the U.S. Copyright Office.

The plaintiff created an acrylic dress scrapbook album design which she had laser cut by defendant Want2Scrap, who sent plaintiff a work sans the pinafore element and a pinafore design created by Want2Scrap. For a period of time, plaintiff worked for Want2Scrap as an independent contractor and created other works specifically for the company. Subsequently, the plaintiff noticed her work being displayed, without authorization, on the Want2Scrap Web site and at their booth at a convention. Want2Scrap revised the designer listing on the Web site so that plaintiff’s name no longer was listed. The plaintiff has since filed a complaint for copyright infringement, seeking damages.
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 Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Accessory Closet, of St. John, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. As with other filings in this state and elsewhere, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Lafayette, Indiana – Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Diggz Clothing, LLC of Lafayette, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. Identical to others filed by the plaintiff, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Indianapolis, Indiana – Intellectual property lawyers for The Bettie Page Trust of Indianapolis, IN, and its administrator Mark A. Roesler, have filed a lawsuit alleging Stockingirl.com of Connecticut and its principal Edward Miccinati are infringing trademarks, copyrights, rights of publicity, and other intellectual property of the late “pin-up” queen Bettie Page.

Defendants are in the business of producing and selling, over the Internet, “women’s leg wear, stockings, and/or lingerie.” The complaint states that the trust has previously entered into license agreements with the defendants, but that the defendants are now, without approval, marketing women’s undergarments under brand names incorporating the word “Bettie.” Trademark infringement, false endorsement, violations of the statutory and common law rights of publicity, and unfair competition are among the causes of action raised.
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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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