The U.S. Trademark Office issued the following 170 trademark registrations to persons and businesses in Indiana in June 2021 based on applications filed by Indiana tradmark attorneys:
| Reg Number | Word Mark |
| 6385278 | JESUS GIRL |
| 6402371 | FOR FOX SAKE OFFROAD |
| 6402148 | LET’S NOT MEET BY ACCIDENT! |
| 6402123 | SAFEMINISTRY SOLUTIONS A SAFE HIRING SOLUTIONS COMPANY |
| 6402120 | SAFEMINISTRY SOLUTIONS |
Indianapolis, Indiana – Apparently, La Michoacana Meat Market TM Holdings, LLC (“La Michoacana”), the Plaintiff owns a number of federal trademark registrations for use in connection with its Mexican-styled grocery stores, meat markets, fruit shops, restaurants, and bakeries (the “LA MICHOACANA Marks”).
According to the Complaint, Defendants, Josue Lopez and Supermercado Jireh LLC, own and operate at least one Mexican-themed grocery store using the name “Super Mercado Jireh Pollo Michoacano. La Michoacana claims that Defendants’ use of “MICHOACANO” in connection with food-related goods and services is confusingly similar to the LA MICHOACANA Marks and therefore constitutes infringement of those marks.
La Michoacana is seeking damages for federal trademark infringement pursuant to 15 U.S.C. § 1117(a). It is further claiming damages for false designation of origin and unfair competition under 15 U.S.C. 1125(a). As La Michoacana claims it has suffered irreparable injury for which it has no adequate remedy at law, it is seeking a permanent injunction pursuant to 15 U.S.C. § 1116(a). Finally, La Michoacana is seeking damages for common law unfair competition and unjust enrichment.
Indianapolis, Indiana – Plaintiff, Somero Enterprises, Inc. (“Somero”), originally filed suit in the Indianapolis Division of the Southern District of Indiana alleging patent infringement against Defendant, Ligchine International Corporation (“Ligchine”). Ligchine responded to the Complaint by filing a Motion for Intra-District Transfer to the New Albany Division.
Pursuant to 28 U.S.C. § 1404(a), a Court may “transfer an action filed in a proper, though not necessarily convenient, venue to a more convenient district.” According to the Court’s Order, the Court typically considers four factors: “(1) the convenience of the parties; (2) the convenience of the witnesses; (3) the situs of material events and access to proof; and (4) the interest of justice.” Order at p. 2. (citation omitted).
Ligchine argued that because Somero does not reside in the Southern District of Indiana and all of Ligchine’s offices, operations, witnesses, and evidence are located in the New Albany Division, the transfer should be granted. Somero opposed the Motion arguing that its preference for the Indianapolis Division should be given substantial deference. Further, Somero claimed its counsel would have to drive two hours more each way for in-person Court appearances which would require counsel to fly and/or stay overnight in a hotel, thereby increasing his exposure to COVID-19. However, in its Reply, Ligchine pointed out that a plaintiff’s choice of forum has diminishing importance when the selected forum is not the plaintiff’s home forum.
The Court found that while “several of the factors are neutral . . . [it is] significant the fact that none of the events giving rise to this lawsuit occurred within the Indianapolis District, that Somero’s witnesses will have to travel 9.5 hours to the Indianapolis Division in any event and only an additional 1.5 hours to the New Albany Division, and that Ligchine’s witnesses are located within the New Albany Division.” Therefore, the transfer to the New Albany Division was granted. Order at p. 11.
Indianapolis, Indiana – Defendants, Gateway Triangle Corp., 7405 Indy Corp., 850 Indy Corp. Northlake Marketing, LLC and Thomas M. Collins, in a suit originally filed by Noble Roman’s, Inc. in the Superior Court of Marion County, Indiana filed a Notice of Removal to the United States District Court for the Southern District of Indiana.
According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand. Noble Roman’s claims while they had a Franchise Agreement with Defendant Gateway, that Franchise Agreement terminated on December 31, 2019. Noble Roman’s filed suit seeking damages for Defendants’ alleged conversion and theft of Noble Roman’s property rights in violation of Indiana Code §§ 35-43-4-3 and 34-43-4-2. The Complaint further sought damages for breach of the Franchise Agreement, trademark infringement of U.S. Registration Nos. 987,069, 1,920,428, and 1,682,308, and unjust enrichment.
Defendants claim the case is removable under 28 U.S.C. § 1441 in part because federal question jurisdiction exists as Noble Roman’s asserted a federal claim under the Lanham Act. Further, Defendants assert the Southern District of Indiana has supplemental jurisdiction of the state law claims under 28 U.S.C. § 1367(a) because they form part of the same case or controversy as the federal trademark claims.
Ft. Wayne, Indiana – Apparently, Westwood One, LLC (“Westwood”), the Plaintiff owns a large portfolio of audio products for use by its affiliated broadcast radio stations and media partners. According to the Complaint, Westwood owns U.S. Patent Nos. 7,860,448 and 7,412,203 (the “Patents in Suit”). The Patents in Suit relate to methods and computer programs for localizing broadcast content and an apparatus for operating a broadcast network, respectively.
Westwood claims it began notifying the Defendant, Local Radio Networks LLC (“LRN”), regarding its ownership of the Patents in Suit in May 2020. It appears the alleged infringement had not ceased after these communications and therefore Westwood filed suit for willful patent infringement. In addition to direct patent infringement, Westwood is claiming LRN has induced and continues to induce infringement of the Patents in Suit by knowingly inducing others to make, use, or sell products covered by the Patents in Suit. Further, Westwood claims LRN targeted former Westwood employees for employment that have knowledge of Westwood’s patented programs. Westwood is seeking damages, including treble damages, for willful infringement pursuant to 35 U.S.C. § 284 and attorneys’ fees pursuant to 35 U.S.C. § 285.
USA – The Copyright Alternative in Small-Clams Enforcement (CASE) Act was enacted on December 27, 2020. This creates a Copyright Claims Board consisting of three officers chosen by the Librarian of Congress and the Register of Copyrights. The officers will act as arbitrators for civil copyright claims and counterclaims capped at $30,000 in damages for declaratory judgment of non-infringement or for notices under the Digital Millennium Copyright Act. The Board is expected to be operational by December 27, 2021.
Parties may affirmatively opt out of adjudication before the board within 60 days of service. Failure to do so will serve as consent to the proceeding before the Board and will waive the right to a jury trial.
The proceedings before the Board are also less formal. While parties can conduct written discovery, they may not conduct depositions under the CASE Act. Further, unlike federal district courts, attorneys’ fees are not generally awardable to prevailing parties.
Indianapolis, Indiana – Apparently Indianapolis Bouldering LLC, the Plaintiff, provides bouldering facilities as part of its fitness facility. According to the Complaint, Indianapolis Bouldering intends on opening a 52,000 square foot fitness facility (“North Mass Boulder”) in May 2021 using images of rocks and natural surfaces to create an organic branding aesthetic. The Defendants, BP Holdings Company, LLC, Seattle Bouldering Project, LLC, Minneapolis Bouldering Project, LLC, and Austin Bouldering Project, LLC (“Defendants”), allegedly operate climbing gyms in Washington, Texas, and Minneapolis with colorful and geometric branding.
Indianapolis Bouldering acknowledges in the Complaint that for “a brief period of time in late 2020, one of its members used content from one of Defendant’s websites (the “Website Content”) as a placeholder text during the website design process.” It further claims the Website Content was removed after being publicly available for two weeks and was replaced. The Parties apparently exchanged multiple letters regarding the Website Content and various other intellectual property rights. According to the Complaint, Defendants continued to threaten suit to enforce their purported intellectual property rights.
Therefore, Indianapolis Bouldering is seeking a declaratory judgment that (1) the intellectual property interests asserted by Defendants are invalid and/or unenforceable; (2) it is not infringing, has not infringed, and is not liable for infringing any allegedly enforceable intellectual property interest; and (3) non-violation of alleged trade secrets of Defendants.
Indiana – Apparently Stefan Schnebelt, the Plaintiff, is a professional photographer that licenses his photographs. Schnebelt claims he took a photograph of Murlough Bay in Northern Ireland (the “Photo”) and later placed it on his website www.stefanschnebelt.com with a gutter credit. Schnebelt also claims to have registered the Photo with the U.S. Copyright Office under Registration No. VA 2-111-254.
According to the Complaint, Anglotopia, LLC, the Defendant, operates the website www.Anglotopia.net. Schnebelt claims Anglotopia posted an article entitled The Telly Fiver-Five Game of Thrones Filming Locations You Can Visit along with the Photo on its website without his permission or a license. Therefore, Schnebelt is seeking damages for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501. Further, Schnebelt is claiming Anglotopia removed his copyright management information in violation of 17 U.S.C. § 1202.
Carmel, Indiana – Apparently Midcontinent Independent System Operator, Inc. (“MISO”), the Plaintiff, delivers electric power across 15 U.S. states and operates one of the world’s largest energy markets. In connection with its services, MISO claims it has three registered, incontestable, U.S. Trademarks 4,129,745, 4,616,653, and 4,136,817 (the “MISO Marks”). The MISO Marks include a wordmark for “MISO,” and two design marks: .
MISO claims that James F. Sullivan aka Jim Cassidy, the Defendant, under his business ADSNELLC, published a mobile application “Midcontinent ISO with Realtime Dashboard” (the “Infringing App”). The Infringing App and the Google Play listing for the Infringing App allegedly misappropriate and infringe the MISO Marks. Further, MISO claims ADSNELLC has published at least one other mobile application that encourages users to “hunt” and report illegal immigrants. Therefore, MISO claims the mere presence of the Infringing App is causing harm to MISO.
MISO is seeking injunctive relief and damages for trademark infringement and counterfeiting pursuant to 15 U.S.C. §§ 1116 and 1117.
Middlebury, Indiana – According to the Complaint, Grand Design RV, LLC (“Grand Design”), the Plaintiff, designs innovative recreational vehicle products including its line of “toy hauler” recreational vehicles. Grand Design claims the “toy hauler” invention, which depicts a raisable bed positioned above the garage in a recreational vehicle, is protected by U.S. Patent Nos. 10,046,690, and 10,654,398 (the “Grand Patents”).
Grand Design claims Defendants, Thor Industries, Inc, Keystone RV Company and Jayco, Inc., offer, make, and/or sell products that infringe the Grand Patents (the “Accused Products”). The Accused Products allegedly include the Keystone Montana High Country Toy Hauler, the Keystone Raptor Toy Hauler, the Keystone Fuzion Toy Hauler, and the Jayco Northpoint Toy Hauler. Apparently Grand Design provided notice of infringement to the Defendants, but the alleged infringement has not ceased. Therefore, Grand Design is seeking damages for patent infringement, including treble damages and attorneys’ fees pursuant to 35 U.S.C. §§ 284 and 285.
