CentralLibrary-300x161Indianapolis, Indiana – The United States Patent and Trademark Office will be hosting a free program for up and coming independent inventors titled “Gender Gap in Patents”.  Following the free program you can attend an educational training session in order to learn about Patent and Trademark basics.  USPTO staff will be on site to answer your questions.

The program will be held on Thursday, March 23, 2017 at the Indianapolis Public Library – Central Library located at 40 East Saint Clair Street, Indianapolis, IN 46204.

The itinerary for the day will be as follows:


UFC-Pettis-244x300Fort Wayne, Indiana
Joe Hand Promotions, Inc. of Feasterville, Pennsylvania filed an intellectual property lawsuit in the Northern District of Indiana.

One business entity was sued in this Indiana litigation, Gum Dinger Slingers, LLC d/b/a Foxhole Pub at Norwood Golf Course of Warren, Indiana.  Also listed as Defendants were the following Indiana residents: Lee Cutting, Stephanie Cutting, Kevin Killen, Amanda Killen and Jason Kennedy.

Defendants are accused of unlawfully intercepting and broadcasting an “Ultimate Fighting Championship®” program that was broadcast on March 14, 2015.  The program, Ultimate Fighting Championship® 185: Pettis v. Dos Anjos, was broadcast exclusively on pay-per-view.

Joe Hand states that it held the exclusive commercial distribution rights to the broadcast of this program and that the business known as Foxhole Pub at Norwood Golf Course displayed the program in a commercial establishment without having obtained the proper license.  In addition to suing the limited-liability company that operates the Foxhole Pub, an Indiana intellectual property lawyer for Joe Hand has sued five individuals, stating that each was an officer, director, shareholder, owner, member and/or principal of the entity owning and operating the Foxhole Pub; that each individual had a right and ability to supervise the activities of the pub; and that each had an obvious and direct financial interest in the activities of the pub.

Plaintiff asserts that Defendants’ conduct violated 47 U.S.C. § 605 or, in the alternative, violated 47 U.S.C. § 553.  It asks the court for statutory damages, interest, costs and attorneys’ fees.

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The U.S. Patent Office issued the following 134 patent registrations to persons and businesses in Indiana in February 2017, 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 D780,015 Ring with internal stones
2 9,584,895 Teardrop variable wall earbud
3 9,583,967 Ruggedized pressure transducer with integrated wireless antenna and rechargeable battery system
4 9,583,028 Flashlight
5 9,581,635 System and method for high voltage cable detection in hybrid vehicles

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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.

The U.S. Trademark Office issued the following 154 trademark registrations to persons and businesses in Indiana in February 2017 based on applications filed by Indiana trademark attorneys:

Registration No. Word Mark Click To View
5136340 CORNERSTONE INFORMATION SYSTEMS TSDR
5151327 SAVE YOUR SELFIE TSDR
5153033 CAMPAIGN CLUB TSDR
5153016 COMPETITIVE GIVING TSDR
5151151 ART’S SKILLET TSDR

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EconoLodge-Lafayaette-300x170Lafayette, IndianaChoice Hotels International, Inc. of Rockville, Maryland sued in the Northern District of Indiana alleging trademark infringement under federal and Indiana law.

Choice Hotels is in the business of franchising hotels.  It offers hotel and motel services under the following brands: CAMBRIA HOTELS & SUITES®, COMFORT INN®, COMFORT SUITES®, QUALITY®, SLEEP IN®, CLARION®, MAINSTAY SUITES®, SUBURBAN EXTENDED STAY HOTEL®, ECONO LODGE®, and RODEWAY INN®.

At issue in this Indiana trademark litigation is the Econo Lodge family of trademarks.  These trademarks include U.S. Trademark Nos.:

What does copyright protect?Untitled-300x249
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.  The U.S. Copyright Office has more information in Circular 1, Copyright Basics, section “What Works Are Protected.”

Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.

How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records. See FL 122, Recipes.

Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact an intellectual property attorney or the U.S. Patent and Trademark Office for further information or see Circular 34Copyright Protection Not Available for Names, Titles, or Short Phrases.

How do I copyright a name, title, slogan, or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact an intellectual property attorney or the U.S. Patent and Trademark Office for further information or see Circular 34.  However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

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Indianapolis, Indiana – The matter of Eli Lilly and Company, et al. v. Apotex Inc., et al. has been stayed pending a ruling by the U.S. Court of Appeals for the Federal Circuit.

This Indiana lawsuit was initiated by Lilly, an Indianapolis pharmaceutical company, in conjunction with other Plaintiffs.  Patent attorneys for Plaintiffs filed a lawsuit asserting patent infringement after Defendants filed an Abbreviated New Drug Application seeking approval to market a generic version of the drug Axiron® before various patents related to the drug expired.  Among Plaintiffs’ contentions were claims of patent infringement of seven patents pertaining to Axiron.861-Patent_Fig-2-300x219

In this motion, patent lawyers for Plaintiffs have asked the court to stay its proceedings pending a ruling in a similar case, Eli Lilly and Company, et al. v. Perrigo Company, et al.  The Perrigo case was filed in the Southern District of Indiana in 2013.  After a trial, the court issued findings including that one claim in one of the Axiron patents was invalid, while two claims pertaining to another Axiron patent were valid.  That ruling was appealed to the Federal Circuit; that appeal remains pending.

LillyHeadquarters-300x127Indianapolis, Indiana – A patent lawyer for Eli Lilly and Company of Indianapolis, Indiana, Eli Lilly Export S.A. of Geneva, Switzerland and Acrux DDS, Pty Ltd. of West Melbourne, Australia filed an intellectual property lawsuit in the Southern District of Indiana.

Two Defendants are listed, TWi Pharmaceuticals, Inc. of Paramus, New Jersey and TWi Pharmaceuticals USA, Inc. of Taipei, Taiwan.  In a 28-count complaint, Defendants are accused of infringing seven patents by filing an Abbreviated New Drug Application with the U.S. Food and Drug Administration for approval of a generic version of the pharmaceutical product Axiron® before the expiration of the patents under which the drug is protected.  The patents at issue in this litigation are U.S. Patent Nos. 8,435,944; 8,993,520; 9,180,194; 8,419,307; 8,177,449; 8,807,861 and 9,289,586.

The counts against Defendants include “direct patent infringement,” “inducement to infringe” and “contributory infringement” as well as counts requesting declaratory judgment.  Lilly et al. are seeking declaratory relief, injunctive relief, costs and attorney fees.

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Indianapolis, IndianaAustralian Gold, LLC of Indianapolis, Indiana sued in the Southern District alleging trademark infringement and unfair competition.

Plaintiff Austbeachlive-248x300ralian Gold, which manufactures, distributes and sells tanning preparations, claims ownership to U.S. Federal Trademark Registration No. 5,130,366 for BEACHIN’ LIFE.  It states that it has used this trademark since “at least 2016”; the trademark was issued by the U.S. Patent and Trademark Office on January 24, 2017.

Defendant in this Indiana lawsuit is Devoted Creations, Inc. d/b/a Ed Hardy Tanning of Oldsmar, Florida.  Devoted Creations has introduced and is selling a #BEACHLIFE tanning preparation for the indoor tanning market.

Evansville, IndianaHenager Family Museum, Inc d/b/a National Veterans Memorial of Buckskin, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement.

Plaintiff operates a military memorial in Indiana under the trademark “NATIONAL VETERANS MEMORIAL,” U.S. Trademark Registration No. 3,420,974.  That trademark was filed “in connection Veterans-300x126with promoting public awareness of the need for reconciliation and recognition by all veterans” and was issued on April 29, 2008 by the U.S. Patent and Trademark Office.

In this Indiana litigation, Henager states that Columbus Downtown Development Corp. (“CDDC”) of Columbus, Ohio is currently developing a museum, scheduled to open in 2018, to be operated under the name “NATIONAL VETERANS MEMORIAL & MUSEUM.”  Henager states that CDDC’s use of this name in a state adjoining Indiana, and in conjunction with the offering of the same type of services, is likely to cause confusion or deceive consumers.   It also contends that CDDC’s use of the purportedly similar name has resulted in CDDC being unjustly enriched at Henager’s expense.

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