Indiana Intellectual Property Law News

April 22, 2024

Scott J. Frankel Appointed as U.S. Magistrate Judge for South Bend Division of Northern Indiana District Court

Scott J. Frankel has been selected as the new United States Magistrate Judge for the South Bend Division of the United States District Court for the Northern District of Indiana, succeeding the retiring Honorable Michael G. Gotsch, Sr. Frankel was chosen from among 30 applicants after a rigorous selection process that involved a panel of lawyers and non-lawyers recommending five finalists, from which the court’s bench ultimately selected Frankel.

Frankel brings with him extensive litigation experience in both criminal and civil matters, having served as a staff attorney with the Northern District of Indiana’s Federal Community Defenders office since 2018. His career includes law clerking, public defense work, and private sector practice. Chief Judge Holly A. Brady praised Frankel’s qualifications, emphasizing his litigation experience, calm demeanor, and compassion for clients.

As a magistrate judge, Frankel’s duties will encompass a broad range of responsibilities, including conducting preliminary proceedings in criminal cases, hearing pretrial matters, ruling on motions, holding trials for misdemeanor and civil cases, conducting settlement conferences, and other duties outlined in 28 U.S.C. § 636. Frankel’s appointment is subject to completion of required IRS and FBI background investigations.

April 19, 2024

Print Pressures: Fort Wayne Printing vs. Allen & Goel Marketing

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Plaintiff Optical Tactics, LLC, operating as Fort Wayne Printing Company, has filed a trademark infringement complaint under the Lanham Act, 15 U.S.C. §§ 1051, et seq., against Allen & Goel Marketing Company. The complaint alleges that Allen & Goel Marketing Company has infringed upon Fort Wayne Printing Company’s rights to the mark “FORT WAYNE.”

According to court documents, Fort Wayne Printing Company, established in 1902, has built a strong reputation and extensive goodwill associated with its “FORT WAYNE” mark in the printing services market in northeast Indiana. It has invested resources in promoting its services under this mark, making it distinctive and valuable. Fort Wayne Printing Company asserts that Allen & Goel Marketing Company, based in Pennsylvania, operates a website offering printing services targeted at northeast Indiana consumers and uses the “FORT WAYNE” mark without disclosing its location or lack of physical presence in Fort Wayne, Indiana. This association with the established mark owned by Fort Wayne Printing Company is seen by the Plaintiffs as misleading and infringing on their exclusive rights to use the mark in the region. The complaint argues that Allen & Goel Marketing Company’s actions are violating Fort Wayne Printing Company’s rights and diluting the meaning of the “FORT WAYNE” mark in the local printing market.

Fort Wayne Publishing Company is seeking permanent injunctive relief, monetary damages, disgorgement of profits, and any other relief the Court deems just and proper.

April 18, 2024

Patent Office Issued 251 Patents to Indiana Entities in February 2024

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 251 patents to persons and businesses in Indiana in February 2024:

Patent Number	Patent Title
US 11911276 B2	Rotatable collar for a prosthesis
US 11911270 B2	Stent structures for use with valve replacements
US 11913924 B2	Ion generation using modified wetted porous materials
US 11911295 B2	Orthopaedic surgical saw assembly for removing an implanted glenoid component and method of using the same
US 11911487 B2	Hydrodynamic methods for delivering fluids to kidney tissues and related materials and methods
US 11913898 B2	System error compensation of analyte concentration determinations based on pseudo-reference concentration and signal-based anchor parameters

April 17, 2024

163 Trademark Registrations Issued to Indiana Entities in March 2024

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 163 trademark registrations to persons and businesses in Indiana in March 2024 based on applications filed by Indiana trademark attorneys:

Registration Number	Wordmark
7325304	ITC INDIANA TICKET COMPANY DESIGN QUALITY SECURITY
7319505	INDIANA TICKET COMPANY
7336322	GRAY BROTHERS CAFETERIA
7319504	INDIANA TICKET CO.
7333601	NEURO SUPPORT PLUS
7335961	ADVOCATE. EDUCATE. PROTECT.

April 1, 2024

Protecting the Peaks: Forest River Secures $2 Million Verdict in Trademark Suit

By Overhauser Law Offices, LLC

Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.

The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. This infringement stemmed from inTech’s introduction of a “Terra” brand travel trailer, which the jury found to bear similarities to Forest River’s established trademarks.

Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement. Despite these warnings, inTech persisted, leading to the initiation of legal proceedings.

March 25, 2024

Stormy Dispute: Copyright Infringement Case in Lafayette, Indiana

By Overhauser Law Offices, LLC

Lafayette, Indiana – Plaintiff Aaron Rigsby, a professional videographer, has brought suit against Defendant John W. Darnell, Inc. d/b/a All Seasons Roofing for alleged copyright infringement under the Copyright Act, 17 U.S.C §101 et seq.

According to the complaint, Aaron Rigsby recorded and produced a video capturing the aftermath of a tornado in Sullivan, Indiana. Rigsby then secured copyright registrations for his work, establishing his exclusive rights to its use and distribution.

Rigsby now alleges that All Seasons Roofing, operating under the account “@All Seasons Roofing and Restoration” on Facebook, unlawfully copied and displayed his video on their platform without obtaining the necessary permissions or licenses. This unauthorized use, as Rigsby contends, constitutes a violation of his exclusive rights as a copyright holder under 17 U.S.C. §106.

March 11, 2024

Red Hex Rivalry: Valcrum Hubcaps vs. Dexter’s Fortress

By Overhauser Law Offices, LLC

In Cyprus, Texas, Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

According to court documents, Valcrum has developed a reputation for innovative hubcaps designed for 8,000-16,000-pound trailer axles. These hubcaps are identified by their distinct features, including a “signature red hex bezel with a hexagonal outer perimeter and an inner diameter.” Valcrum claims to have begun establishing trademark and trade dress rights for this design as early as late 2018.

The dispute arises from Valcrum’s allegation that Dexter, a manufacturer and distributor of axle and trailer accessories, has copied Valcrum’s hubcap design, including the distinctive red hex bezel, to market its own product called the “Fortress” hubcap. Additionally, Valcrum contends that Dexter breached a Mutual Nondisclosure Agreement (NDA) by allegedly using confidential information, such as Valcrum’s customer list, to its advantage.

March 8, 2024

Protecting Quality: Nutramax Laboratories Takes Legal Action Against Alleged Unauthorized Resale

By Overhauser Law Offices, LLC

Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (“Nutramax”) have recently begun legal proceedings against CNB Retailers, LLC, Brett Hart, and Christina Miller (“Defendants”) alleging unauthorized resale of Nutramax products. The suit involves allegations concerning trademark infringement, unfair competition, and interference with contractual agreements.

Nutramax Labs and Nutramax Vet, entities headquartered in South Carolina, are known for their development and distribution of health supplements tailored for companion animals. Court documents state that the trademarks associated with Nutramax, such as NUTRAMAX LABORATORIES and PROVIABLE, are widely recognized within the industry. Nutramax products are sold through authorized retailers which may have online or brick-and-mortar locations.

The crux of Nutramax’s grievance lies in Defendants’ purported unauthorized sales of Nutramax products, notably on Amazon.com, under the seller account name “UniversalExports.” In addition to the accused products bearing the NUTRAMAX LABORATORIES and PROVIABLE trademarks, Nutramax asserts that the products being distributed by Defendants differ materially from those authorized by Nutramax, thus failing to meet the requisite quality standards. These requirements include proper storage conditions to maintain product quality and providing customer support and knowledge about Nutramax products.

March 7, 2024

Patent Office Issued 312 Patents to Indiana Entities in January 2024

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 312 patents to persons and businesses in Indiana in January 2024:

Patent Number	Patent Title
US 11886208 B2	Electronic user interface for electronic mixing of water for residential faucets
US 11884752 B2	Inhibited non-pregelatinized granular starches
US 11883335 B2	Medical products storage device including access control
US 11884467 B2	Degradable materials and packaging made from same
US 11883110 B2	Sensor-based shoulder system and method

March 5, 2024

204 Trademark Registrations Issued to Indiana Entities in February 2024

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 204 trademark registrations to persons and businesses in Indiana in February 2024 based on applications filed by Indiana trademark attorneys:

Registration Number

Wordmark

7309930	AIRFEET
7298640	PERQ CONVERT
7317144	ENVIRON
7302107	PAINT & DECORATING RETAILER
7308828
7312041	KIRKWOOD CANDLE BAR