Indiana copyright owners will now be able to collect royalties more easily. The Copyright Royalty Board Judges announced the termination of the transition period from paper filing to electronic filing using the eCRB electronic filing and case management system. Effective January 1, 2018, all parties having the requisite technological capability must file documents electronically. The CRB will not accept paper filings except filings (1) from pro se parties technologically incapable of using eCRB and (2) documents not amenable to electronic filing as described in 37 CFR § 350.5(j). Any entity obtaining an eCRB password consents to electronic delivery of all documents subsequent to a Petition to Participate. See 37 CFR § 350.5(g). The Judges refer counsel and pro se parties having an interest in CRB proceedings to 37 CFR § 350.5.
160 Trademark Registrations Issued to Indiana Companies in December 2017
Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.
Registration No. | Word Mark | Click To View |
5366639 | ALTERNATIVE & DIRECT INVESTMENT SECURITIES ASSOCIATION | TSDR |
5365157 | GEARPET | TSDR |
5365049 | CHROMATIC | TSDR |
5364979 | COUPONCABIN SIDEKICK | TSDR |
5364834 | GRIZZLY PEAK | TSDR |
5364826 | SPLASH TECH | TSDR |
William T. Lawrence Announces Decision to Take Senior Status
INDIANAPOLIS, Indiana (December 22, 2017):
More changes are coming to the United States District Court for the Southern District of Indiana, as District Judge William T. Lawrence has notified President Donald J. Trump of his intention to take senior status effective July 1, 2018.
Judge Lawrence will continue to render substantial judicial service as a senior judge. President Trump, with the guidance of Indiana’s United States Senators Joseph S. Donnelly and Todd C. Young, will nominate Judge Lawrence’s successor.
Indiana Patent Litigation: Purdue Trustees Sue Japanese Corporation Over Blood Pressure Monitor Patent
Lafayette, Indiana – Attorneys for Plaintiff, The Trustees of Purdue University of Lafayette, Indiana filed suit in the Northern District of Indiana alleging that Defendants, Omron Corporation and Omron Healthcare Company, Limited of Japan infringed its rights in United States Patent No. 7,014,611 B1 (“the 611 Patent”) for “Oscillometric Noninvasive Blood Pressure Monitor”. Plaintiff is seeking judgment, compensatory damages, supplemental damages and interest, and such other and further relief and all remedies available at law.
The ‘611 patent describes a small blood pressure monitor to be worn around one’s wrist or other limb. The patented item includes the monitor and a pump to inflate the cuff, among other details. Plaintiff alleges that Defendants have been infringing the patent by offering for sale numerous infringing blood pressure monitors that Plaintiff alleges “embody the apparatuses and practice the methods covered by one or more claims of the ’611 patent.”
Indiana Copyright Litigation: Bell Finds Another Defendant To Sue Over Skyline Photo’s Copyright
Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, River Pools & Spas Incorporated of Warsaw, Virginia, infringed its rights in the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.
Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:
- Indianapolis Real Estate Agent Sued for Infringing Copyright of Photo
- Limousine Service Sued for Copyright Infringement
- Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint - Richard Bell Files Another Copyright Infringement Lawsuit
The Defendant in this case is River Pools & Spas Incorporated manufactures and installs pools and spas in residential homes. According to the complaint, the Defendant used the copyrighted photo on their business website, without permission or attribution. Plaintiff also claims that Defendant is vicariously liable for any profits realized by third parties through any third party’s downloading and use of the photo off of Defendant’s website.
Arizona-based Manufacturer Sues Indiana Corporation for Alleged Infringement of “Bulletproof” and Bulletproof Diesel” common law and registered Trademarks
Indianapolis, Indiana – Attorneys for Plaintiff, Neal Technologies, Inc. d/b/a Bullet Proof Diesel of Mesa, Arizona filed suit in the Southern District of Indiana alleging that Defendant, Superior Auto and Diesel Repair, Inc., of Shelbyville, Indiana infringed its rights in the following trademarks: U.S. Registration No. 4,235,578, U.S. Registration No. 4,262,825, U.S. Registration No. 5,130,772, U.S. Registration No. 5,220,129, U.S. Registration No. 5,220,128, and U.S. Registration No. 5,220,127.
Plaintiff company is an Arizona-based manufacturer of aftermarket parts for diesel engines, specifically Ford Power Stroke diesel engines. In 2009, the Plaintiff began selling an aftermarket part to improve the cooling system of a 6.0 liter Ford Power Stroke diesel engine, and marketed the part under various trade names such as “Bulletproof” and “Bulletproof Diesel.”
The Plaintiff has both common law and registered trademarks for various “Bulletproof” and “Bulletproof Diesel” marks. According to the complaint, the Defendant has marketed packages of aftermarket parts for the same type of Ford engine under the name “Bulletproof” and “Bulletproofing packages.” Plaintiff’s complaint alleges that Defendant uses theses marks to market aftermarket parts packages on their website, despite not having authorization from Plaintiff, and Defendant does not sell or install genuine Bullet Proof Diesel parts.
The complaint alleges federal trademark infringement under the Lanham Act, Unfair Competition under the Lanham Act, and Unfair Competition under Indiana common law. Plaintiff is seeking compensatory and treble damages, costs incurred, prejudgment interest, attorney’s fees and all other relief the court deems proper.
Southern District of Indiana Dismisses College Football Players’ Suit Against FanDuel and DraftKings
Indianapolis, Indiana – Attorneys for Plaintiffs, Akeem Daniels, Cameron Stingily, and Nicholas Stoner, Inc., filed suit in the Southern District of Indiana alleging Defendants, FanDuel, Inc., and DraftKings, Inc. used the likeness of the three Plaintiffs and alleged a Right of Publicity claim.The decision was made by the district court granting the Defendants’ Motion to Dismiss the case.
The Defendants are fantasy sports websites that run collegiate fantasy football games, among other sports. The Plaintiffs were collegiate football players whose names appeared on the websites as players available for selection for a user’s fantasy team.
Plaintiffs filed suit claiming that Defendants violated their rights of publicity under Indiana’s Right of Publicity statute by using their name and likenesses on the websites without first obtaining permission. Defendants moved to dismiss for failure to state a claim. The Defendants put forward three main defenses: that certain statutory exemptions in the Indiana statute removed protection for the Plaintiffs, that First Amendment free speech allowed the use, and that federal copyright law preempted Plaintiff’s claims.
The Court ruled in favor of the Defendants’ motion to dismiss based on the statutory exemptions in the Indiana statute. The Court found that the Defendants’ use of Plaintiff’s names fell into the “newsworthy” and “public interest” exemptions to the state Right of Publicity statute. For the sake of thoroughness, the Court continued their analysis and rejected the other statutory exemptions put forward, as well as the First Amendment and federal preemption defenses.
Indiana Trademark Litigation: Purdue University Granted Injunction Against “Boilermaker Beer”
Tippecanoe County, Indiana – Attorneys for Plaintiff, The Trustees of Purdue University, filed suit in the Superior Court No.1 of Tippecanoe County, Indiana alleging that Defendant, Paul Parshall d/b/a Sports Beer Brewing Company, of Florida infringed its rights for use of the “Boilermakers Beer” and “Purdue Boilermakers Brewing” trademarks which were registered by the defendant. A Tippecanoe County Judge sided with Purdue University in an order dated November 9, 2017, and issued a Preliminary Injunction against the Defendant.
Defendant’s business is not a beer brewing company; rather, it is an Intellectual Property holding company whose portfolio consists of trademarks and service marks of various sports teams across the country. The company then works with breweries in different cities to provide beverages to customers with the chosen team’s logos, nicknames, and word marks on cups and other forms of packaging.
The Defendant has state trademark registrations in Indiana for the marks “Boilermakers Beer” and “Purdue Boilermakers Brewing.” Purdue University owns various registered federal trademarks for combinations of the words “Purdue,” “Boilermakers,” and “Boiler.”
Indiana Copyright Litigation: Richard Bell Sues Again On Copyright Claim Over Indianapolis Skyline Photo
Indianapolis, Indiana – Attorney for Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Keith Arnett infringed its rights in the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.
Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:
- Indianapolis Real Estate Agent Sued for Infringing Copyright of Photo
- Limousine Service Sued for Copyright Infringement
- Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint - Richard Bell Files Another Copyright Infringement Lawsuit
This suit follows the same lines as the previous suits. Bell alleges copyright infringement and violations of the Lanham Act, stemming from the Defendant’s alleged unauthorized use of the copyrighted photo of the Indianapolis skyline. Plaintiff claims that Defendant used the photo on Defendant’s business website to help draw visitors to the website.
Plaintiff also alleges that Defendant falsely claimed that Defendant owned all copyrights for all photos appearing on the website. Bell even goes so far to allege that, by making the photo available for download on his website by third parties, Defendant is vicariously liable for any and all profits derived by third party users who downloaded the photo.
Court Of Appeals For Federal Circuit Denies Eli Lilly’s Appeal, Opens Door for Testosterone Generics
The Plaintiffs, Eli Lilly and Company, Eli Lilly Export S.A., and Acrux DDS Pty Ltd. had filed a patent infringement lawsuit in the Southern District of Indiana alleging that Defendants, Perrigo Company, Perrigo Israel Pharmaceuticals Ltd., Actavis Laboratories UT, Inc., FKA Watson Laboratories Inc., Lupin Pharmaceuticals, Inc., and Lupin LTD infringed patent no. 8,435,944, Method and Composition for Transdermal Drug Delivery (the ‘944 patent) and 8,807,861, Spreading Implement, (the ‘861 patent), which have been issued by the US Patent Office.
The ‘944 patent “recites a transdermal delivery method of applying testosterone to the axilla of a patient.” The District Court ruled in favor of the Defendants and invalidated the ‘944 patent for obviousness based on prior art, and the Court of Appeals for the Federal Circuit affirmed this decision. The Federal Circuit cited a lack of merit in Lilly’s appeal and a misreading of the district court’s decision.
The District Court upheld the validity of Lilly’s ‘861 patent, for an applicator that administers testosterone to the body. The Federal Circuit affirmed this decision as well, denying Cross-Appellant Amneal Pharmaceuticals’ appeal. Amneal’s version of the applicator was found to infringe on the ‘861 patent, and the Federal Circuit agreed. Amneal claimed that prior art invalidated the ’861 patent, but the Federal Circuit denied that argument.