Indiana Intellectual Property Law News

October 8, 2020

Indiana-Based Paul’s Marine, Inc. Sued for Alleged Trademark Infringement

South Bend, Indiana – Float-On Corporation (“Float-On”), the Plaintiff, claims to sell unique, high quality immersible boat trailers throughout the United States and in several other countries. According to the Complaint, Float-On has used the registered and incontestable mark FLOAT-ON® (the “Registered Mark”), covered by U.S. Reg. No. 885,333, to identify its boat trailers for over fifty years. Float-On further claims it has expended large amounts of money in advertising its products bearing the Registered Mark.Per the Complaint, Paul’s Marine, Inc. d/b/a PMI Marine Distributors and Paul E. Myers, Jr., the Defendants, copied the Registered Mark and have adopted a confusingly similar mark for boat trailers – FLOTE-ON. Float-On claims the Defendants intentional and willful selling of their products with the alleged infringing mark has caused actual consumer confusion in the marketplace. Float-On is seeking damages for federal trademark infringement, unfair competition, false designation of origin, and counterfeiting pursuant to the Lanham Act among several common law claims.

October 7, 2020

Great Grizzly Sues Winco Fireworks for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Great Grizzly, Inc. (“Grizzly”), Plaintiff, claims to have sold and imported fireworks in Indiana for over 50 years. In addition, Grizzly claims to have several federal trademarks including the one at issue in this case assigned Registration No. 2,329,220 for “PREDATOR” (the “Registered Mark”).

Grizzly alleges the Defendants, Winco Fireworks, Inc. and Winco Fireworks International, LLC (the “Winco Defendants”) offer and sell fireworks throughout the United States. According to the Complaint, the Winco Defendants have sold fireworks that infringe the Registered Mark and have failed to desist their infringement after being informed of the Registered Mark. Therefore, Grizzly is seeking damages for trademark infringement, trademark dilution, false designation of origin, and unfair competition under the Lanham Act, 15 U.S.C. §§ 1051, et seq. and state common law. Grizzly is also claiming the Winco Defendants violated Indiana Code § 24-5-0.5-3(b)(1) for deceptive consumer practices and committed tortious interference with a business relationship under the common law.

October 5, 2020

Eli Lilly Declaratory Judgment Suit Transferred to North Carolina

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Eli Lilly and Company (“Lilly”) filed suit on November 13, 2019 in the Southern District of Indiana against Defendant SensorRx seeking a declaratory judgment that it had not misappropriated trade secrets among other things. SensorRx in turn, on November 22, 2019 filed a lawsuit in the Western District of North Carolina seeking injunctive relief and monetary damages. SensorRx then filed a Motion to Dismiss or to Transfer Lilly’s declaratory action suit to North Carolina.

The Southern District found Lilly’s declaratory action was an “improper anticipatory filing” as there was a clear threat of litigation prior to the filing of the declaratory action. As such, the Court declined to exercise its discretion to hear the declaratory judgment action. The Court further found that the balance of factors under 28 U.S.C. § 1404(a) weighed in favor of transferring the action to the Western District of North Carolina where SensorRx filed its suit. Therefore, SensorRx’s Motion to Transfer was granted and the case was transferred to the Western District of North Carolina. Continue reading

September 30, 2020

Church Hymn at Issue in Copyright Infringement Suit

By Overhauser Law Offices, LLC

South Bend, Indiana – Vincent Ambrosetti (“Ambrosetti”), the Plaintiff, is apparently the author and creator of the musical composition “Emmanuel.” According to the Complaint, the composition was first published in a songbook in 1980. However, Ambrosetti did not receive U.S. Copyright Registration No. PA 2-231-246 for “Emmanuel” until March 4, 2020.

Ambrosetti claims Defendant, Bernadette Farrell (“Farrell”), copied and infringed upon his work when she composed “Christ Be Our Light” in 1993. Further, Ambrosetti claims, Defendant, Oregon Catholic Press (“OCP”), obtained the rights to sell, market, distribute, and license “Christ Be Our Light” from Farrell. Because Farrell and OCP have apparently been distributing and publicly performing the allegedly infringing “Christ Be Our Light” for many years, and especially within the past three years, Ambrosetti is seeking damages and attorneys’ fees for copyright infringement pursuant to 17 U.S.C. §§ 504(b) and 505.

September 17, 2020

Pandemic-Related Photograph at Issue in Copyright Infringement Lawsuit

By Overhauser Law Offices, LLC

South Bend, Indiana – Savanna Campbell (“Campbell”), the Plaintiff, claims to have taken a photograph inside a Walmart of the child car seat section (the “Photograph”). Campbell apparently registered the Photograph with the U.S. Copyright Office and given Copyright Registration No. VA 2-204-282.

According to the Complaint, Defendant Gray Television (“Gray”) used the Photograph on a television program and then on its website in an article entitled “Fact Check: Does Michigan’s stay-at-home order ban purchase of child safety seats?”. Campbell claims Gray did not have a license, her permission, or consent to use the Photograph in its television program or on its website. Therefore, Campbell is seeking damages for copyright infringement pursuant to 17 U.S.C. §§ 504 and 505. Continue reading

September 9, 2020

3M Sues for Trademark Infringement Related to Alleged Price-Gouging Scheme

By Overhauser Law Offices, LLC

Indianapolis, Indiana –3M Company (“3M”) claims there has been an increase in wrongdoers seeking to exploit the COVID-19 pandemic by using scams including those to price-gouge and offer fake sales of 3M-brand N95 respirators. 3M claims Defendants, Zachary Puznak, Zenger LLC d/b/a ZeroAqua, and John Does 1-10 offered Indiana an opportunity to purchase 3M N95 masks at approximately $2.82 each, which is more than double 3M’s price.

There were numerous allegedly false communications from the Defendants to various representatives of the State of Indiana, including Indiana Governor Eric Holcomb’s Chief of Staff and the Senior Vice President and Chief of Staff of the Indiana Economic Development Corporation, regarding the sale of 3M-brand N95 respirators. When 3M became aware of the alleged price gouging and false communications, it filed this suit claiming the Defendants infringed its rights in United States Trademark Reg. No. 3,398,329 (the “‘329 Registration”) and Registration No. 2,793,534 (the “‘534 Registration”). 3M is further seeking damages for unfair competition, false endorsement, false association, false designation of origin, trademark dilution, and false advertising. Finally, 3M filed multiple claims pursuant to the Indiana Crime Victim’s Relief Act for deception, conversion, and theft.

September 3, 2020

Patent Office Issues 208 Patents To Indiana Citizens in August 2020

By Overhauser Law Offices, LLC

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.

The U.S. Patent Office issued the following 208 patent registrations to persons and businesses in Indiana in August 2020, based on applications filed by Indiana patent attorneys:

	Patent No.	Title
1	PP032109	Floribunda rose plant named `WEKlovapkemu`
2	D0894385	Orthopedic tool
3	D0894380	Stylet hub
4	D0894124	Fuel cell
5	D0894056	Flatbed adjustable hitch

September 1, 2020

175 Trademark Registrations Issued to Indiana Companies in August 2020

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 175 trademark registrations to persons and businesses in Indiana in August 2020 based on applications filed by Indiana trademark attorneys.

Reg. Number	Word Mark
6125786	CASTED
6127380	REPAIRWARES GET IT RIGHT THE FIRST TIME. EVERY TIME. COM
6136391	VU
6136380	HEALTHLINC
6136377	HEALTHLINC RX

August 18, 2020

Willfulness Not Required for Award of Profits in Trademark Infringement

By Overhauser Law Offices, LLC

The Supreme Court of the United States issued a ruling that a plaintiff alleging trademark infringement does not have to prove willfulness to recover an award of profits. This ruling came down in the case of Romag Fasteners Inc. (“Romag”), versus Fossil Group, Inc. FKA Fossil, Inc. et. al (“Fossil”).

In this case, Romag and Fossil entered into an agreement to use Romag’s fasteners on Fossil’s leather goods. Romag claimed factories in China were making Fossil’s leather goods using counterfeit Romag fasteners. As such, Romag sued Fossil, among other defendants, for trademark infringement, which can trigger an award of a defendant’s profits.

August 10, 2020

Seventh Circuit Rules Against Molson Coors in Beer Rival Litigation

By Overhauser Law Offices, LLC

The Seventh Circuit Court of Appeals issued an opinion in the case of Molson Coors Beverage Co. (“Molson Coors”) v. Anheuser-Busch Companies, LLC (“Anheuser-Busch”) which was originally filed in United District Court for the Western District of Wisconsin.

The basic issue is whether “the true statement ‘their [Molson Coors] beer is made using corn syrup and ours [Anheuser-Busch] isn’t’ wrongly implies that ‘their beer contains corn syrup.’” While the ingredient lists for both Miller Lite and Coors Light include “Corn Syrup (Dextrose),” Molson Coors argues that a list of “ingredients” is different from what is contained in the finished product. To support its argument, Molson Coors relies on the fact alcohol is omitted from the ingredients list, but is included in the final product. Continue reading