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On September 19, 2024, Judge Damon R. Leichty in the United States District Court of Northern Indiana granted Forest River, Inc. enhanced damages after a September 2023 jury found that inTech Trailers, Inc. infringed on its mountain design trademarks for recreational vehicles.

In 2021, Forest River, Inc., a major RV manufacturer, sued inTech for violating two of its trademarks- DELLA TERRA and the mountain design logo. In September 2023, a jury unanimously ruled in favor of Forest River, awarding $2 million and determining that willful infringement had occurred.DellaTerraTrailor

Forest River requested enhanced damages because InTech’s infringement was willful.  The Court began its decision by quoting a famous case in which a trademark registration for THIRST-AID was found to be infringed by the slogan “Gatorade is thirst aid”:

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The U.S. Patent Office issued the following 199 patents to persons and businesses in Indiana in August 2024:

US 12070711 B2 Air filter arrangement; assembly; and, methods
US 12070231 B2 Customized patient surgical plan
US 12070975 B2 Under bed hitch mounting system
US 12070251 B2 Systems and methods for spinal rod insertion and reduction
US 12073341 B2 Proactive spatiotemporal resource allocation and predictive visual analytics system

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Mia Lind, the plaintiff and creator of the Delaware brand “Hot Girl Walk,” filed a lawsuit against Casey Springer, accusing Springer of infringing on her trademark with a local version of thepic-1 concept called “Hot Girl Walk Indianapolis.” Lind’s “Hot Girl Walk,” which originated during the pandemic, is a women’s-only mental health walk that has been trademarked and commercialized through merchandise and sponsorships.

Inspired by Lind, Springer launched a similar initiative in Indianapolis. Initially called “Hot Girl Walk Indy,” it was later rebranded as “Hot Walk Indy.” Lind’s lawsuit alleges trademark infringement, business disparagement, and defamation.

Springer contended that her initiative was distinct and non-commercial, designed as a free community event. She argued that Lind’s trademark protects specific brand elements but does not cover the broader concept of a group walk.

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The U.S. Trademark Office issued the following  196 trademark registrations to persons and businesses in Indiana in August 2024 based on applications filed by Indiana trademark attorneys:

Registration Number Wordmark
7465709 MATCHBOOK LEARNING
7472578
7485258 MAMMOTH CONSTRUCTION
7468789 CETRA
7466597 POPA HEATING & COOLING
7466598 POPA HEATING & COOLING

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UFC-PicJoe Hand Promotions, Inc. (Plaintiff) has filed a lawsuit against Ralo’s Cocktail Lounge, LLC and its principal, Keon Frazier (Defendants), for the alleged, unauthorized public display of UFC 264 Poirier vs. McGregor 3 on July 10, 2021. The lawsuit addresses the legalities surrounding the broadcast of premium content in commercial settings.

Joe Hand Promotions, specializing in licensing exclusive sports programming, claims exclusive rights to distribute UFC events. They allege Ralo’s Cocktail Lounge exhibited UFC 264 without proper authorization, violating 47 U.S.C. §§ 553 and 605 under federal jurisdiction.

Ralo’s Cocktail Lounge, located in East Chicago, IN, is accused of using unauthorized means to broadcast the event, thereby avoiding licensing fees and attracting customers. Keon Frazier, a resident of Indiana and key figure in the establishment’s operations, is also named in the lawsuit.

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An Indiana federal judge has dismissed a patent infringement lawsuit between Knauf Insulation Inc. and Johns Manville Corp. just days before trial. Chief U.S. District Judge Tanya Walton Pratt chose not to overturn previous rulings on claim construction, stating it would be against public interest and waste substantial efforts already put into the case.

On August 16, the two companies jointly requested dismissal of the 2015 lawsuit, which alleged that Johns Manville’s EasyFit and Flex-Glass insulation products infringed on seven Knauf patents. Although the case is dismissed, the court’s earlier rulings, including invalidation of six patents, remain in effect.CombinedPic

Judge Pratt argued that vacating prior rulings would not benefit the public and could encourage prolonged litigation. She cited the U.S. Supreme Court’s decision in U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership as precedent against overturning rulings after settlement.

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Paris-based photographer Julien Pepy has filed a lawsuit against Angie’s List, Inc., also known as Angi, for alleged copyright infringement. The case, filed in the Southern District of Indiana, highlights the growing concerns around digital content use and copyright protections.

Julien Pepy, a professional photographer renowned for his distinctive images, claims that Angi, a major digital marketing company operating under the Instagram handle “@angi,” used his copyrighted photographs without permission. According to the complaint, Pepy’s works were displayed on Angi’s Instagram account in August 2023 without any authorization.

Photo
Pepy’s lawsuit alleges that Angi displayed three of his photographs—showcasing various angles and details of bathroom vanities—on its account. The complaint emphasizes that these images were not only displayed but were also distributed commercially, contradicting copyright laws that protect creators’ rights.

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LifeWise, Inc., based in Hilliard, Ohio, has filed a lawsuit against Zachary Parrish of Ft. Wayne, Indiana, alleging willful copyright infringement. LifeWise is a privately funded, Christian non-profit organization that provides off-campus, released-time religious instruction to public school students whose families choose it. The organization has developed its own curriculum for use in the program and for licensing by third parties.

LifeWise claims that Parrish pretended to be a volunteer to gain unauthorized access to the password-protected curriculum and subsequently made it available on his own website. Additionally, LifeWise alleges that Parrish is the administrator of a private Facebook group called Parents Against LifeWise and has used the curriculum to undermine the organization and its mission. The plaintiffs argue that this unauthorized use and publication of their curriculum not only violated copyright laws but also jeopardized the sustainability and effectiveness of LifeWise’s educational programs.

LOGOCounsel for LifeWise repeatedly requested that Parrish remove the curriculum, but he refused, citing fair use. Court documents reveal that LifeWise filed a Digital Millennium Copyright Act (DMCA) Complaint and Takedown Notice, which led to the temporary removal of the curriculum from the hosting website. Parrish responded by filing a Counter Notice, arguing that the removal was a mistake because the curriculum falls under fair use.

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The U.S. Patent Office issued the following xxx patents to persons and businesses in Indiana in July 2024:

US 12048278 B1 Garden lid for an instant planter
US 12049852 B1 Heterogeneous fuel injector driver topologies
US 12048302 B2 Preserved tissue products and related methods
US 12048804 B2 Computerized oral prescription administration for securely dispensing medication and associated systems and methods
US 12049941 B2 Digging attachment support for shovel
US 12049324 B2 Aircraft emergency escape slide container and method of changing an aircraft emergency escape slide

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Lancaster, South Carolina – Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (collectively known as “Nutramax”) have filed suit against Indiana company, Abumayyaleh Bros, LLC.  The Plaintiffs allege multiple intellectual property violations including trademark infringement, unfair competition, and tortious interference with contractual relationships.

Pic-226x300According to the complaint, Nutramax contends that Abumayyaleh Bros, LLC is reselling Nutramax products, specifically their Proviable®-DC Digestive Health Supplement Capsules, on Amazon without authorization. The Plaintiffs are concerned that the products bear Nutramax’s well-known trademarks, such as PROVIABLE and NUTRAMAX LABORATORIES, but do not adhere to the stringent storage, distribution, and customer support standards set by Nutramax for its authorized resellers.

Nutramax asserts that the defendants’ unauthorized use of their trademarks constitutes a trademark infringement violation of Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)). By selling products under the Nutramax Marks without authorization, the Plaintiffs claim the defendants are causing consumer confusion regarding the source and authenticity of the products.

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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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