Tag Archives: M. Kendra Klump

Indianapolis Company sued for sale of Unauthorized Animal Health Supplements on Amazon

25 Tuesday Jun 2024

Posted by in Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Nutramax Laboratories (“Nutramax”) produces health supplements for companion animals. In February 2024, Nutramax filed a trademark lawsuit against a Fort Wayne company for the sale of unauthorized animal health supplements on Amazon. Nutramax is now back in the Southern District in Indiana pursuing an Indianapolis company for similar violations.

It must feel like whack-a-mole for the plaintiff’s counsel, as unauthorized resellers can disappear just as fast as they appear. Nutramax has no option but to go through this legal process in order to get Amazon to take action and remove the unauthorized sales. In the context of health supplements for animals, potentially leading to illness or death if unsafe, this plaintiff simply can’t sit back and take no action when it sees counterfeit or unauthorized sales.

Stay tuned for updates on this case and look out for the June Indiana Intellectual Property Litigation Update in the next few days for the latest on the February lawsuit (and all other pending Indiana IP cases).

Nutramax Laboratories, Inc. et al v. Abumyyaleh Bros LLC et al

Court Case Number: 1:24-cv-01047-SEB-MKK
File Date: June 20, 2024
Plaintiff: Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences Inc.
Plaintiff Counsel: Blake P. Holler of Krieg Default LLP
Defendant: Abumayyaleh Bros LLC, Mohammad Abumayyaleh
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Description, Indiana Common Law Tortious Interference with a Contract
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: M. Kendra Klump

Complaint:

Trademark Infringement Lawsuit filed in Indiana over Surgical Bovine Collagen, Implant Kits

02 Thursday Nov 2023

Posted by in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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The plaintiff in this new Indiana trademark infringement lawsuit, Ventris Medical, offers a bovine collagen product for management of complex wounds called CONNEXT®.

The defendant, Nexxt Spine of Noblesville, Indiana, recently adopted and is using the mark CONNEXX in connection with a surgical implant kit.

Per the Complaint (below), cease-and-desist communications have been unsuccessful to date and the plaintiff now seeks court intervention in the Southern District of Indiana.

In this case, both parties sell products to highly sophisticated consumers, i.e. surgeons. The more sophisticated the purchaser, the less likely that there will be likelihood of confusion. The defendant likely considered that high sophistication level when selecting its similar trademark.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC

Court Case Number: 1:23-cv-01960-JRS-MKK
File Date: November 1, 2023
Plaintiff: Secada Medical LLC d/b/a Ventris Medical, LLC
Plaintiff Counsel: Samuel B. Gardner of Ice Miller LLP
Defendant: Nexxt Spine, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Passing Off
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: M. Kendra Klump

Complaint:

Copyright Infringement Lawsuit filed in Southern District of Indiana by the “Riot Photographer’s Riot Photographer”

20 Wednesday Sep 2023

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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The plaintiff in this copyright infringement lawsuit is a retired independent journalist from the UK. His work is focused on social issues such as policing, homelessness, drugs, racial and social conflict, social exclusion, and environmental protection. He is described as “the riot photographer’s riot photographer.”

The defendant is an Indianapolis-based investigation firm that allegedly used one of the plaintiff’s photographs on its website without permission. The Complaint (below) indicates that the parties have been in contact but unable to negotiate a reasonable license. Presumably the cost of a reasonable license will go up now that a lawsuit has been filed, but let’s see whether their fee negotiations are helped by the filing, perhaps now with the input of an insurer who might be responsible for the cost.

Stay tuned for updates.

Hoffman v. Lauth Investigations International Inc

Court Case Number: 1:23-cv-01678-JPH-MKK
File Date: September 18, 2023
Plaintiff: David Hoffman
Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck, LLP
Defendant: Lauth Investigations International Inc
Cause: Copyright Infringement, Removal of Copyright Management Information
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: M. Kendra Klump

Complaint:

Indianapolis Water Damage Restoration Company sued over Unauthorized Use of Photograph on Christmas Safety Blog Post

13 Thursday Jul 2023

Posted by in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Restoration 1, an Indianapolis-based water damage restoration service, has been sued for unauthorized use of a photograph on their website. The Plaintiff is a professional photographer from New Jersey who, per the Complaint (below), first sought to negotiate a reasonable license before bringing this lawsuit with a single claim of copyright infringement.

The photograph of blurry Christmas lights was allegedly used by the Defendant as the header in a blog post titled “A Safety Guide to Outdoor Christmas Lights.” This lawsuit should be a reminder to other companies that no matter how benevolent your intended use might be, don’t ever use images you pull directly from Google Images or you could get sued. A second lesson, probably soon to be learned by this Defendant, is that the “reasonable license” fee can increase significantly after a lawsuit is filed.

Stay tuned for updates.

Sadowski v. Restoration 1 by J&D, LLC

Court Case Number: 1:23-cv-01224-JRS-MKK
File Date: July 12, 2023
Plaintiff: Christopher Sadowski
Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck LLP
Defendant: Restoration 1 by J&D, LLC d/b/a Restoration 1 of Greater Indianapolis
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: M. Kendra Klump

Complaint:

Second Defendant in Gestalt Therapy Lawsuit Transfers Venue to Indiana

14 Wednesday Jun 2023

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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This lawsuit was transferred in from the Eastern District of Pennsylvania on motion from an individual defendant. It is related to Gestalt Therapy manuscript lawsuit transferred in earlier this year.

The Center for Gestalt Development, Inc. v. Robine et al

Court Case Number:  1:23-cv-01027-JMS-MKK
File Date: June 13, 2023
Plaintiff: The Center for Gestalt Development, Inc.
Defendant: Charles Bowman, Jean-Marie Robine, Institut Francais de Gestalt-Therapie
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: M.Kendra Klump