The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in August 2021 based on applications filed by Indiana trademark attorneys:
| Reg. Number | Word Mark |
| 6463659 | DEMON SEER |
| 6463658 | IMMORTAL SUPERS |
| 6463610 | Z5 |
| 6463004 | PALIBRIO |
| 6462139 | SWIMSUITS FOR ALL |
South Bend, Indiana – Apparently the Plaintiff, Johnson Controls Technology Company (“Johnson”), is a technology holding company for its parent company Johnson Controls International, plc (“JCI”). Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332, 10,684,029, 10,528,013, 8,826,165, 8,190,728, D788,785, D924,888, D924,890 (collectively, “Asserted Patents”).
According to the Complaint, JCI, including Johnson, are competitors with Defendant, Kreuter Manufacturing Co., Inc. d/b/a KMC Controls, Inc. (“KMC”) in the field of building management systems, HVAC systems, and related technological solutions. Johnson claims KMC manufactures, uses, and sells devices, systems, and software that infringe the Asserted Patents. Namely, the KMC TotalControl software suite, the KMC Conquest line of controllers, the KMC ConnectLite software application, the KMC Commander automation platform, and the KMC Commander gateway devices (collectively, the “Accused Products”). Additionally, KMC allegedly “provides its customers with instructions, product information, and technical information, which instruct its customers to use its devices, systems, and software in infringing ways.”
Indianapolis, Indiana – Apparently Sayre Berman (“Berman”), the Plaintiff, creates photographic images, which she licenses for various uses including online and print publications. Berman claims she took a photograph of Ray Luzier (the “Photograph”) on March 25, 2019 and registered that photograph with the U.S. Copyright Office under Registration No. VA 2-145-705.
According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc.’s (“Auralex”) website on July 13, 2021. Auralex, the Defendant, apparently also uploaded the Photograph to its Instagram and Facebook accounts. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. Further, the infringing posts each apparently included a URL “for a fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than transitory duration and therefore constitutes a specific infringement.”
Indianapolis, Indiana – Apparently, Amy Haehl (“Haehl”), the Plaintiff, is a nationally renowned photography that promotes her work through her photography studio, Coffee Creek Studio. Haehl claims she first gained national notoriety in 2018 after she recreated scenes from “A Christmas Story” featuring a baby wearing pink bunny pajamas. Her work has apparently been featured on “Fox & Friends” and the websites for the “Today” show and “Good Morning America.”
Haehl claims that she drew inspiration from her previous success with using model babies to use photo editing software to add teeth to her infant subjects. According to the Complaint, she registered a series of those images with the U.S. Copyright Office as Group Reg. No. VA0002191510. Further, Haehl claims she posted a copyright notice alongside each photograph posted on her Facebook page.
Ft. Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. (together with Phoenix “Giant Eagle” or “Plaintiffs”) for its use in connection with its getGo® Convenience Stores. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. The acquired stores allegedly include four former Rickers stores in Fort Wayne, Indiana.
Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).
| Mark | U.S. Registration No. |
| GETGO | 2,927,502 |
 |
4,864,242 |
 |
4,864,240 |
| getGo | 4,766,055 |
|
4,864,437 |
|
4,864,438 |
| getGo | 5,037,377 |
|
5,038,064 |
|
5,037,370 |
| Get To Know GetGo | 5,991,999 |
| getGo | 6,158,214 |
|
6,158,213 |
Indianapolis, Indiana – The Plaintiff, Van Ausdall & Farrar, Inc. (“VAF”), is apparently one of Indiana’s oldest privately owned office-solutions companies. According to the Complaint, Defendant, Jane Doe aka Denise Gilbey Moe (“Defendant” or “Moe”), was employed by VAF until October 2018. Due to the nature of Moe’s position, she was allegedly granted access to VAF’s social media accounts including its Facebook page during her employment. VAF claims its Facebook page has economic value as it uses the page to market and promote its products and services. Apparently, Moe’s access to VAF’s social media accounts ended when her employment was terminated on October 4, 2018.
Per the Complaint, VAF’s Facebook page was accessed by Defendant on June 1, 2021 using an account with the name “Denise Gilbey Moe.” While Moe apparently denies accessing VAF’s Facebook after her termination, VAF claims the account appears to be owned and controlled by Moe.
Hammond, Indiana – Apparently, James E. Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136, and D/341,471 (collectively, the “Patents in Suit”). Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years.
Cross claims Defendants, Dick’s Sporting Goods Inc., Walmart Inc., Kohl’s Inc., and Amazon, Inc. (collectively “Defendants”), have actively induced and contributorily infringed upon the Patents in Suit and his trade dress by importing, offering for sale, and/or selling t-shirts with his ornamental designs without his permission.
While the pro se Complaint is fairly short, Cross attached numerous exhibits not discussed in the Complaint including an order dismissing Cross’ case against Meijer, Inc. due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. Further attached are black and white photos of zip-up bike jerseys allegedly being sold by Defendants.
Cross is seeking an accounting of damages, costs, expenses, and reasonable attorney’s fees pursuant to 35 U.S.C. § 285.
Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant. 35 U.S.C. § 173.
Hammond, Indiana – Pro se Plaintiff, Xavier Gatewood (“Gatewood”) claims to perform comedy in the Chicago area. Between 2014 and 2015, Gatewood claims Defendant, David Khari Webber Chappelle (“Chappelle”), saw him performing comedy at one or more of four places located within two miles of Chappelle’s movie shoot for “CHI-RAQ.”
According to the Complaint, Chappelle then used material from Gatewood’s performance in Chappelle’s standup special “Deep in the Heart of Texas” on Netflix. As Chappelle was allegedly paid $20 Million and the joke was exactly one minute long, Gatewood is seeking $303,030.30.
Unfortunately, the very short Complaint does not disclose the allegedly stolen joke and does not disclose or specifically allege any copyright registration or infringement. Further, while Gatewood lives in Indiana, the alleged theft took place in Illinois and Chappelle lives in Ohio, so jurisdiction may be another hurdle for Gatewood. Continue reading
Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Monster also claims it has used a distinctive trade dress for packaging, clothing, bags, sports gear, helmets, and promotional materials that use the Claw Icon in connection with the colors black and green (the “Monster Trade Dress”). Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).
Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Monster in turn divested the rights and title to the Full Throttle® energy drink line to its child company, Energy Beverages LLC (“Energy”), the Plaintiff. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos. 2,957,843, 5,562,250, and 5,722,956 (the “Energy Marks”). Energy also claims it has used a distinctive trade dress on its Full Throttle® products since 2004.
Apparently, Energy has licensed the Energy Marks and trade dress in connection with a variety of goods and services throughout the years, including sponsoring motorsports. Since 2015, Energy claims it has spent over $22.6 million dollars in promoting the Full Throttle® brand. Additionally, the retail sales of Full Throttle® products allegedly exceed 47 million cans per year, with estimated revenues of approximately $113 million per year. Therefore, Energy claims its Full Throttle® brand including the Energy Marks and trade dress have acquired great value to identify and distinguish its products and services from those of other, including association with the automotive industry.
