Indiana Intellectual Property Law News

July 12, 2021

Watch Communications Sues Ex-Employees for Alleged Trade Secret Misappropriation

Indianapolis, Indiana – Apparently, W.A.T.C.H TV Company d/b/a Watch Communications (“Watch”), the Plaintiff, is in the business of providing broadband Internet access to consumers and enterprise customers in Ohio, Indiana, Illinois, and Kentucky. Defendant, Greg Jarman (“Jarman”), was allegedly an employee of Watch beginning in February 2014. According to the Complaint, Jarman was then elected to the positions of Vice President of Operations and Chief Operating Officer in March 2018. In February 2019, Watch claims Jarman approached the President and Chief Executive Officer, Ken Williams (“Williams”) with an opportunity to assist in a project in Tennessee. However, Watch claims Williams instructed Jarman to not proceed with the Tennessee project because Watch did not have a presence in Tennessee.

July 9, 2021

Elanco Animal Health, Inc. Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, Epitopix, LLC d/b/a Vaxxinova US (“Vaxxinova”) is an animal health research and development company specializing in veterinary vaccines. Vaxxinova is the owner of three patents at issue, all entitled “Immunizing Compositions and Methods of Use,” U.S. Patent Nos. 8,282,941, 7,943,150, and 7,943,151 (collectively the “Patents in Suit”). According to the Complaint, Vaxxinova produced vaccine products using the specialized technology of the Vaxxinova Patents for cattle, poultry, and swine.

Vaxxinova claims it has discussed its technology including that of the Patents in Suit with Defendant, Elanco Animal Health, Inc. (“Elanco”), during potential business negotiations. When these negotiations ceased, it appears Elanco proceeded to develop and acquire technology that allegedly infringes upon the Patents in Suit. Vaxxinova claims Elanco launched a new product family called Nuplura PH+ that allegedly infringes the Patents in Suit after Vaxxinova informed Elanco of the allegations.

Therefore, Vaxxinova is seeking damages and fees for willful patent infringement of the Vaxxinova Patents pursuant to 35 U.S.C. §§ 284 and 285.

July 7, 2021

Patent Office Issues 228 Patents to Indiana Citizens in June 2021

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 228 patent registrations to persons and businesses in Indiana in June 2021, based on applications filed by Indiana patent attorneys:

1	D0923,639	Display screen with graphical user interface for medical treatment and/or diagnostics
2	D0923,464	Storage rack guard drop-in bracket device
3	D0923,429	Drawer organizer
4	11,050,995	Method and system for multi-wavelength depth encoding for three-dimensional range geometry compression
5	11,050,114	Impact resistant battery enclosure systems
6	11,050,058	Methods of making electrodes, electrodes made therefrom, and electrochemical energy storage cells utilizing the electrodes
7	11,047,871	Centering unit for diagnostic laboratory transporting compartment
8	11,047,869	Mass spectral tissue analysis
9	11,047,866	IGFBP7 for diagnosing diastolic dysfunction
10	11,047,865	Troponin and BNP based diagnosis of risk patients and cause of stroke
11	11,047,853	Fluidic control elements for signal readout enhancement in two-dimensional paper networks (2DPN)
12	11,047,791	Systems and methods for sample display and review
13	11,047,652	Target assembly with stowed position and deployed position
14	11,047,474	Control system and method thereof for multispeed transmission
15	11,047,456	Variators
16	11,047,358	Systems and method for harmonizing knock in engine cylinders
17	11,047,320	Fuel type prediction from mass flow measurements and thermal conductivity sensor
18	11,047,290	Systems and methods for controlling piston cooling nozzles using control valve actuator
19	11,047,280	Assembly and methods for NOx reducing reagent dosing with variable spray angle nozzle
20	11,047,251	Routing for electrical communication in gas turbine engines
21	11,047,150	Noise-reducing strike box
22	11,047,024	High-strength aluminum alloy coatings, deformation layers and methods of making the same
23	11,047,016	Techniques for controlling precipitate phase domain size in an alloy
24	11,047,009	Blood biomarkers for suicidality
25	11,046,972	Nucleic acid molecules to control insect pests
26	11,046,968	Production of omega 3 long chain polyunsaturated fatty acids in oilseed crops by a thraustochytrid PUFA synthase
27	11,046,873	Methods of adhering in an aqueous environment
28	11,046,620	Method of processing a ceramic matrix composite (CMC) component
29	11,046,618	Discrete solidification of melt infiltration
30	11,046,309	Dynamic torque management techniques for enhanced engine cycle efficiency
31	11,046,052	Protective covers and methods of manufacture and use
32	11,045,783	Systems and methods for increasing reaction yield
33	11,045,676	Activated carbon supported Ni.sup.0Fe.sup.0 nanoparticles for reductive transformation of perfluoroalkyl-containing compounds
34	11,045,625	Medical devices, methods, and kits for delivering medication to a bodily passage
35	11,045,601	Infusion set with components comprising a polymeric sorbent to reduce the concentration of m-cresol in insulin
36	11,045,401	Partial melt co-crystallization compositions
37	11,045,378	Method and apparatus for making fabric casket components
38	11,045,327	Adjustable interbody fusion devices and methods of use
39	11,045,301	Implantable medical device with compound stitching connection of framework to fabric
40	11,045,234	Bone plate system and method
41	11,045,173	Full core biopsy device
42	11,044,892	Aviary system and method of circulating litter in an aviary
43	D0923,285	Cremation urn
44	D0923,284	Cremation urn with decorative applique applied thereto
45	D0923,153	Faucet spout
46	D0923,151	Faucet handle
47	D0923,148	Faucet
48	D0923,059	Non-axial turbomachine
49	D0922,851	Door lever
50	11,044,562	Multi-diaphragm speaker driven by multiple voice coil plates and a shared permanent magnet pair
51	11,042,019	Systems and methods for imaging a sample
52	11,041,917	Sensing systems with orientation selection mechanisms
53	11,041,846	Test element analysis system for the analytical examination of a sample
54	11,041,655	Aviary ventilation system and method
55	11,041,528	Profiled main bearing caps
56	11,041,487	Wastewater sump assembly
57	11,041,446	Gas turbine engine fuel additive control system
58	11,041,394	CMC airfoil joint
59	11,041,051	Method for dispersion of nanocellulose in melt-processed polymers
60	11,040,807	Closure
61	11,040,742	Trailer with fender box
62	11,040,607	Multiple motor multiple speed continuous power transmission
63	11,040,499	Method and apparatus for thermoforming an article
64	11,040,308	Systems and methods for purging reductant from a reductant injector
65	11,040,302	Folded filter media pack with varying channels and deep corrugations
66	11,040,177	Medical balloon with incorporated fibers
67	11,040,137	Wearable drug delivery device
68	11,039,972	Funerary display arrangement with insert kit
69	11,039,892	Robotically-assisted knee arthroplasty support systems and methods
70	11,039,868	Patella fracture reduction plates
71	11,039,867	Calcaneal bone plate targeting guide
72	11,039,859	Spinal correction construct and method
73	11,039,826	Method and apparatus for forming a self-locking adjustable loop
74	11,039,763	Interactive physical therapy
75	11,039,682	Platform mechanism
76	11,039,628	Methods of using silage produced from a corn hybrid comprising brown midrib and floury traits for meat production
77	11,039,614	Solid herbicide compositions containing fluroxypyr-meptyl
78	11,039,604	Laying nest with rack drive floor expulsion system
79	D0922,539	Faucet handle
80	D0922,538	Faucet handle
81	D0922,537	Faucet handle
82	D0922,535	Faucet handle
83	D0922,534	Faucet handle
84	D0922,531	Faucet
85	D0922,530	Faucet
86	D0922,527	Faucet escutcheon
87	11,038,591	Optical interface and distributed fiber optic communication network for controlling a gas turbine engine and method
88	11,038,309	Modular electrical receptacle assembly
89	11,037,777	Systems and methods for separating ions at about or above atmospheric pressure
90	11,037,772	Methods for analyzing a tissue sample
91	11,037,369	Virtual or augmented reality rehabilitation
92	11,036,603	Distributed test suite tools
93	11,036,328	Touch input lock
94	11,035,837	Methods and systems for analyzing a field
95	11,035,818	Blood glucose meter with low cost user interface having programmed graphic indicators
96	11,035,595	Recuperated superheat return trans-critical vapor compression system
97	11,035,481	Bi-directional valve device for selective control of fluid flow through multiple converging paths
98	11,035,440	Multi-speed transmission
99	11,035,367	Sump pump system with an electronic controller module secured in a sump pump power cord
100	11,035,326	Propane fuel system temperature control systems and methods
101	11,035,310	Reference value engine control systems and methods
102	11,035,300	Control of a gas turbine driving a generator of an electrical system based on faults detected in the electrical system
103	11,035,281	Soot load estimation using dual differential pressure sensors
104	11,035,279	Method, engine, and control system for controlling soot loading of exhaust gas aftertreatment components
105	11,035,263	Compression release valvetrain design
106	11,035,241	Method to pilot using flexible profile
107	11,035,156	Automobile door latch apparatus
108	11,035,149	Modular cylindrical lockset
109	11,034,689	Small molecule protein arginine methyltransferase 5 (PRMT5) inhibitors and methods of treatment
110	11,034,459	Distributed control and monitoring system for multiple platforms
111	11,034,352	Systems and methods for engine and transmission control in response to look ahead data
112	11,034,279	Slide out ramp
113	11,034,203	Spring hanger system and methods of making and using same
114	11,034,199	Shock absorbing trailer coupler system
115	11,034,072	Prestretched elastic film in personal hygiene products
116	11,034,043	Knife assemblies for slicing machines and machines equipped therewith
117	11,033,697	Nasal drug delivery devices
118	11,033,402	Expandable interbody implant
119	11,033,400	Glenoid implant
120	11,033,384	Aortic valve stent graft
121	11,033,294	Method of treatment for aortic dissection
122	11,033,282	Acetabular/patellar/glenoid/calcar reamer cutting tooth arrangment with depth-of-cut control feature
123	11,033,281	Knee resection and gap balancing instruments and techniques for kinematic alignment
124	11,033,117	Dynamic foam mattress adapted for use with a variable length hospital bed
125	11,033,106	Storage rack guard drop-in bracket
126	11,033,105	Storage rack guard drop-in bracket
127	11,032,996	Soybean variety OT34673116
128	D0921,927	Step tread frame
129	D0921,904	Glucose meter
130	D0921,848	Faucet handle
131	D0921,847	Faucet handle
132	D0921,846	Faucet handle
133	D0921,843	Faucet
134	D0921,842	Faucet
135	D0921,662	Display screen with graphical user interface for medical treatment and/or diagnostics
136	D0921,391	Coordinated set of furniture backs
137	11,031,741	Smart connector assembly
138	11,031,268	Device for in situ thermal control and transfer of a monolayer or thin film
139	11,031,130	Patient support apparatus having data collection and communication capability
140	11,031,116	Autonomous management of a diabetic condition based on mealtime and activity detection
141	11,030,874	Bathroom clean monitoring in a healthcare facility
142	11,030,869	Method of communicating between a client-server system and remote clients
143	11,029,309	Composition comprising up-converting phosphors for detecting an analyte
144	11,028,927	Wide differential pressure range air riding carbon seal
145	11,028,810	Injector method of switching between injection state and drain state
146	11,028,807	Bowl for filter assemblies
147	11,028,792	Systems and methods for controlling EGR flow during transient conditions
148	11,028,773	Compressed gas integrated power and thermal management system
149	11,028,754	Real-time control of reductant droplet spray momentum and in-exhaust spray distribution
150	11,028,753	System and method for determining engine out NOx based on in-cylinder contents
151	11,028,752	Reductant insertion assembly comprising a bladder
152	11,028,737	Mechanical retention member for valvetrain components
153	11,028,732	High temperature panel damper for sheet metal structures
154	11,028,722	Ceramic matrix composite blade track assembly with tip clearance control
155	11,028,715	Reduced leakage air seal
156	11,028,706	Captured compliant coil seal
157	11,028,427	Systems and methods for proteomic activity analysis using DNA-encoded probes
158	11,028,393	siRNA compositions that specifically down regulate expression of a variant of the PNPLA3 gene and methods of use thereof for treating a chronic liver disease
159	11,028,352	Detergent pouch with enzymatic water-soluble film
160	11,028,096	Tricyclic P2-ligand containing potent HIV-protease inhibitors against HIV/AIDS
161	11,028,074	CD73 inhibitors
162	11,028,019	Boron carbide composite
163	11,027,893	Package
164	11,027,869	Method for separate sterilization and aseptic assembly
165	11,027,853	Distributed control and monitoring system for multiple platforms
166	11,027,530	Recreational vehicle component with image and method of manufacturing
167	11,027,529	Joint surface coatings for ceramic components
168	11,027,484	3D printed fluoropolymer-based energetic compositions
169	11,027,450	Cutting heads, cutting machines equipped therewith, and methods of operation
170	11,027,351	Braze for ceramic and ceramic matrix composite components
171	11,027,069	Drug delivery device with retaining member
172	11,027,059	Spring force assembly for biasing or actuating stoppers of syringes, injection pen cartridges and the like
173	11,026,857	Shoulder hold-down and locking mechanism therefor for use with a surgical frame
174	11,026,853	Patient repositioning system
175	11,026,813	Spinal implant system and method
176	11,026,810	Prosthesis alignment system
177	11,026,799	Ethnic-specific orthopaedic implants and custom cutting jigs
178	11,026,736	Surgical instrument and method
179	11,026,733	Surgical system and method
180	11,026,723	Pedicle screw assemblies with 3D printed components
181	11,026,722	Orthopedic tethered implants and system
182	11,026,699	Tibial tubercule osteotomy
183	11,026,674	Anchoring system and method for securing a suture to a pre-drilled hole
184	11,026,667	Devices and methods for treating fistulae and other bodily openings and passageways
185	11,026,423	Herbicidal compositions and methods
186	D0920,778	Beverage box
187	11,025,598	Method and apparatus for managing encryption keys and encrypted electronic information on a network server
188	11,024,348	Memory array with reduced read power requirements and increased capacity
189	11,023,875	Electronic credential management system
190	11,022,981	Control architecture for predictive and optimal vehicle operations in a single vehicle environment
191	11,022,604	Dock derived compound against laminin receptor (37 LR) and uses thereof
192	11,022,360	Method for reducing condenser size and power on a heat rejection system
193	11,022,193	Inaccuracy tolerant actuation assembly, article using the same, and method of producing the article
194	11,022,174	Drain arrangement for a squeeze film damper
195	11,022,127	Laminar flow radial ceiling fan
196	11,022,124	Whole home water appliance system
197	11,022,115	Controlled variable delivery external gear machine
198	11,022,060	Diagnostic systems and methods for isolating failure modes of a vehicle
199	11,022,050	Automatic engine brake control systems and methods
200	11,022,042	Aircraft having a gas turbine generator with power assist
201	11,022,014	Exhaust aftertreatment system with heated flash-boiling doser
202	11,021,974	Turbine wheel assembly with retainer rings for ceramic matrix composite material blades
203	11,021,972	Variable pitch blade holder for gas turbine engine
204	11,021,897	Overtravel hinge
205	11,021,779	Sacrificial 3-dimensional weaving method and ceramic matrix composites formed therefrom
206	11,021,688	Derivation of human skin organoids from pluripotent stem cells
207	11,021,472	Use of compounds comprising two or more hydrophobic domains and a hydrophilic domain comprising PEG moieties for stabilization of a cell
208	11,021,410	Layer-wise agglomerated urea granules
209	11,021,302	Closure with rotation-inhibiting projection
210	11,021,052	Capless closure assembly for fuel-tank filler pipe
211	11,020,751	Separation process for plastics materials
212	11,020,698	Filter with variable cross-section axial seal
213	11,020,579	Combined arterial venous fistula graft implant and method of using same
214	11,020,304	Surgical frame including main beam for facilitating patient access
215	11,020,284	Incontinence detection pad with liquid filter layer
216	11,020,257	Pre-loaded multiport delivery device
217	11,020,252	Longitudinally folded stent and method of using same
218	11,020,246	Force and rotation sensing device and method
219	11,020,239	Expandable spinal implant system and method of using same
220	11,020,238	Unilateral moveable interbody fusion device and method of use
221	11,020,160	Surgical injection system and method
222	11,020,154	Surgical instrument and methods of use
223	11,020,131	Multi-use tool
224	11,020,128	Patient-specific bone grafting system and method
225	11,019,958	Flameless non-electric chafing dish
226	11,019,795	Soybean variety AV42705183
227	11,019,794	Soybean variety OT34675955
228	11,019,793	Soybean variety GF34657602

July 5, 2021

170 Trademark Registrations Issued to Indiana Companies in June 2021

By Overhauser Law Offices, LLC

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

July 2, 2021

Indianapolis-based Supermercado Sued for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

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.

June 30, 2021

Southern District Grants Intra-District Transfer to New Albany

By Overhauser Law Offices, LLC

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.

June 28, 2021

Defendants File Notice of Removal in Case Filed by Noble Roman’s

By Overhauser Law Offices, LLC

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.

June 25, 2021

Local Radio Networks LLC Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

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.

June 23, 2021

Copyright Alternative in Small-Claims Enforcement (CASE) Act Enacted by Congress

By Overhauser Law Offices, LLC

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.

June 21, 2021

Indianapolis Bouldering LLC Seeks Declaratory Judgment of Non-Infringement

By Overhauser Law Offices, LLC

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.