Indiana Intellectual Property Law News

July 2, 2020

Boiling Crab Sues Two Indianapolis Restaurants for Alleged Infringement

Indianapolis, Indiana –Boiling Crab Franchise Co., LLC (“The Boiling Crab”), the Plaintiff, filed two separate complaints for trademark infringement and unfair competition alleging similar facts. The first complaint was filed against Defendant The Mad Crab LLC d/b/a The Boiling Crab, Crawfish & Shrimp (“The Mad Crab”). The second complaint was filed against CC Food Enterprise LLC and KC Groups Inc. (collectively “The Boiling Seafood”). According to the complaints, The Boiling Crab owns four relevant U.S. trademarks for “The Boiling Crab” in various styles with Registration Nos. 3,256,219, 4,174,077, 4,491,054, and 5,374,534.

The Boiling Crab franchise, started in California in 2004, has allegedly grown to include locations throughout California and at least four other states. According to the complaints, the Louisiana-style seafood served by The Boiling Crab and the distinctive restaurant décor and menus create a one-of-a-kind dining experience. The Boiling Crab also claims unique trade dress rights in the look and feel of its restaurants.

June 29, 2020

Greenfield Convenience Store Sues Indianapolis Competitor for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – KS Equity Company, LLC (“KS”), the Plaintiff, operates a convenience store, Leo’s Market and Eatery (the “Leo’s Store”) in Indianapolis, Indiana. KS claims to own and use the following U.S. Trademark Reg. Nos. 5886802, 5886803, 5892871, and 5962680 (collectively, “Leo’s Trademarks”) in connection with the Leo’s Store. According to the Complaint, KS has also developed trade dress in the unique design elements of the Leo’s Store (“Leo’s Trade Dress”).

KS claims Defendants, RSM Investments LLC, Raghbir Singh, Pushpinder Singh, York Multani, and York Singh (collectively, “Defendants”), operate a convenience store or gas station called Leon’s in Indianapolis, Indiana (the “Leon’s Store”). Per the Complaint, the Leon’s Store is located approximately 22 miles away from the Leo’s Store and uses a confusingly similar name and logo compared to the Leo’s Trademarks. The brand of fuel sold in connection with each store, Marathon, allegedly exacerbates the potential customer confusion between the two stores.

June 26, 2020

Federal Circuit Affirms Patents-in-Suit Unenforceable Due to Inequitable Conduct

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Appellants, GS CleanTech Corporation and Greenshift Corporation (collectively “CleanTech”), appealed the U.S. District Court for the Southern District of Indiana’s finding that U.S. Patent Nos. 7,601,858 (the “‘858 patent”), 8,008,516 (the “‘516 patent”), 8,008,517 (the “‘517 patent”), and 8,283,484 (the “‘484 patent”) (together, the “Patents-in-Suit”) are unenforceable due to inequitable conduct. The U.S. Court of Appeals for the Federal Circuit affirmed.

Before joining CleanTech in 2006, David Cantrell founded Vortex Dehydration Technology (“VDT”). In June 2003, Mr. Cantrell sent an email to two Agri-Energy LLC (“Agri-Energy”) employees regarding how VDT’s oil recovery system may be applicable in an ethanol plant. He also included an operational cost spreadsheet and an image of the system. VDT representatives conducted tests with Agri-Energy’s ethanol syrup in early July 2003.

A proposal dated July 31, 2003 was emailed to multiple Agri-Energy employees on August 1, 2003 offering “Agri-Energy a No-Risk trial [of the] ‘Oil Recovery System.’” The proposal allowed Agri-Energy to use the unit for sixty days at which point it could purchase the system for $423,000 or return it to VDT. That proposal was not accepted, however, in early 2004 communications resumed and the system was installed in the Agri-Energy plant in May 2004.

June 25, 2020

Photo of Bill Murray at Issue in Copyright Infringement Suit

By Overhauser Law Offices, LLC

Lafayette, Indiana – Aaron Babcock (“Babcock”), the Plaintiff, claims to be a professional photographer in Lincoln, Nebraska. According to the complaint, Babcock photographed actor Bill Murray attending a Nebraska vs. Purdue football game (the “Photograph”). The Photograph was registered with the U.S. Copyright Office under Registration No. VA 2-126-687.

In the second of two lawsuits with identical parties, Babcock claims Gannett Satellite Information Network, LLC (“Gannett”), the Defendant, ran four articles on its websites featuring the Photograph. Babcock first sued Gannett for copyright infringement of a different photograph in December 2019 in the Western District of Wisconsin. In this case, Gannett allegedly used the Photograph without a license or permission from Babcock. As such, Babcock is seeking damages, costs, and attorneys’ fees for copyright infringement.

The case was assigned to Chief District Judge Theresa Lazar Springmann and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 4:20-cv-00023-TLS-JPK.

June 16, 2020

Evansville Cigar Bar Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Lafayette, Indiana – Professional photographer and Plaintiff, Bryan Glynn, managing member of BG Pictures LLC, claims Defendant Cigar Cigar LLC (“Cigar Cigar”) displayed his photograph protected by U.S. Copyright No. VAu 1-271-409 on its website without his consent. Glynn claims Cigar Cigar’s actions amount to copyright infringement in violation of 17 U.S.C. §§ 106 and 501. Pursuant to 17 U.S.C. §§ 504 and 505, Glynn is seeking Cigar Cigar’s profits from the use of the photograph, statutory damages, and attorney’s fees.

The case was assigned to District Judge Theresa L. Springmann and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 4:20-cv-00022.

1-Complaint

June 4, 2020

Patent Office Issues 180 of New Patents Patents To Indiana Citizens in May 2020

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 180 patent registrations to persons and businesses in Indiana in May 2020, based on applications filed by Indiana patent attorneys:

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.

	Patent No.	Title
1	RE048006	Base for an automatic injection device
2	PP031799	Buddleia plant named `PODARASNGA3` lindleyana)
3	PP031798	Buddleia plant named `PODARASNGA2` lindleyana)
4	PP031790	Shrub rose plant named `WEKchedowahor`
5	D0885578	Spinal implant
6	D0885512	Target media holder
7	D0885397	Computer mouse docking station
8	D0885111	Food warmer
9	10667439	Discrete power component assembly
10	10667110	System and method for using an electronic lock with a smartphone

June 3, 2020

187 Trademark Registrations Issued to Indiana Companies in May 2020

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 187 Trademark Registrations to persons and businesses in Indiana in May 2020 based on applications filed by Indiana Trademark Attorneys

Overhauser Law Offices the publisher of this site, assists with U.S. and Foreign Trademark searches, Trademark Applications and assists with enforcing Trademarks via Infringement Litigation and Licensing.

	Reg. Number	Word Mark
1	6062597	VALUECHARTS
2	6064236	NEOTI
3	6064035	RESPLENDENCE
4	6063944
5	6063915
6	6063914	ADVANCED AGRILYTICS
7	6063631	TURBO TURN
8	6063591	AMG
9	6063421	GIGTEL
10	6063360	EACH LIFE IS PRECIOUS

June 2, 2020

Lafayette Company Seeks Damages for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Lafayette, Indiana – Lafayette Venetian Blind, Inc. (“LVB”), the Plaintiff, claims it has developed substantial goodwill in connection with its distinctive U.S. Trademark Registration No. 3537759 for the word “Allure” for use in connection with window blinds and treatements. LVB claims that Defendant, Blinds to Go (U.S.), Inc. (“Blinds to Go”), uses the term “Allure” “to sell competing goods to many of the same consumers served by LVB.” According to the Complaint, LVB has demanding Blinds to Go cease and desist from using the “Allure” mark in connection with Blinds to Go’s window treatments, but it has failed to do so.

As such, LVB is seeking declaratory relief that it has superior rights to the term “Allure” and has the right to use the term “Allure” throughout the United States for “manufacturing, designing, and selling window treatments, blinds, shades, and related products and services.” Further, LVB is seeking damages for trademark infringement and unfair competition and false designation of origin under the Lanham Act (15 U.S.C. § 1114 and 15 U.S.C.A. § 1125(a), respectively). Finally, LVB is claiming damages for common law trademark infringement and passing off/unfair competition.

The case was assigned to Judge Phillip P. Simon and Magistrate Judge John E. Martin in the Northern District and assigned Case 4:20-cv-00021-PPS-JEM.

May 19, 2020

Photographer Alleges Indiana Company Infringed Photo of Mayor de Blasio

By Overhauser Law Offices, LLC

South Bend, Indiana – Real Clear Holdings LLC (“RCH”), the Defendant, is alleged to have copied Plaintiff Christopher Sadowski’s photograph of Mayor Bill de Blasio (the “Photograph”) without a license or authorization. Sadowski claims to be a professional photographer and owner of U.S. Copyright No. VA 2-175-419 for the Photograph. According to the Complaint, Sadowski licensed the Photograph to the New York Post who posted the Photograph with Sadowski’s name in an article on its website on July 25, 2019.

RCH allegedly took the Photograph from the New York Post’s website and used the Photograph on RCH’s website www.realclearmarkets.com/ in an article posted on September 9, 2019. Sadowski claims RCH did not license the Photograph from him and did not have his permission to utilize the Photograph. He further claims RCH removed the copyright management information identifying Sadowski as the photographer as shown on the New York Post’s website and instead credited “YouTube”. Therefore, he is seeking damages for copyright infringement and removal and alteration of copyright management information.

The case was assigned to District Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00215-DRL-MGG.

May 18, 2020

Texas Photographer Sues Gray Television for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

South Bend, Indiana – Kevin Jairaj (“Jairaj”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs including one of Olympic gold medalist McKayla Maroney (the “Photograph”). Jairaj claims to have registered the Photograph with the U.S. Copyright Office and granted Copyright Registration No. VA 2-112-984. According to the Complaint, Defendant Gray Television ran multiple articles on its websites regarding the alleged sexual abuse of McKayla Maroney featuring the Photograph without a license. Jairaj is seeking damages and statutory relief for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501 and intentionally removing copyright management information pursuant to 17 U.S.C. § 1202.

The case was assigned to District Judge Robert L. Miller, Jr., and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00156-RLM-MGG.

Complaint