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Paul Overhauser
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Practice Areas
- Intellectual Property
- Patents
- Business Law
- Trademarks
- Communications & Internet Law
- Insurance Claims
Additional Practice Areas
- Copyrights
- Infringement Litigation
Fees
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Indiana
- North Carolina
- Northern District of Indiana
- Southern District of Indiana
- US Patent Office
- 7th Circuit
- 8th Circuit
- 9th Circuit
- 10th Circuit
Education
- Indiana University - Indiana University-Bloomington
- J.D. | Law
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- Honors: cum laude
- Purdue University - Purdue University
- B.S. | Computer Science
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- Purdue University - Purdue University
- B.A. | Philosophy
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Awards
- "40 Under 40"
- Indianapolis Business Journal
- "Who's Who in Law"
- Indianapolis Business Journal
Professional Associations
- Indiana State Bar
- Member
- Current
- Venture Club of Indiana
- Director and Past president
- Current
- Indiana State Bar Association, Intellectual Property Committee
- Board, Secretary
- Current
- Purdue University
- Dean's Advisory Council
- Current
- CERIAS Institute
- Board
- Current
- Indiana Technology Referral Network
- Board
- Current
- Indiana Business Modernization and Technology Corporation
- Software Committee
- Current
- TechPoint Foundation
- Director and Secretary
- Current
- Hancock County Bar Association
- Past President
- Current
- American Intellectual Property Law Association
- Member
- Current
- Indiana State Bar Association
- Member
- Current
- American Association for Justice
- Member
- Current
- American Intellectual Property Law Association
- Member, Service on Various Committees
- - Current
- Hancock County Bar Association
- Finding John Doe-Pursuing Intellectual Property Claims Against and Discovery From Unknown Internet Users
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- ICLEF
- Critical Intellectual Property Issues for Business Attorneys
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- Hancock County Bar Association
- Intellectual Property Issues for the General Practitioner
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- TechPoint, Inc.
- Founder and Director
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- ICLEF
- Personal Jurisdiction and the Internet
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- Indianapolis Business Journal
- The Dollars and Sense of an Information Security Practice
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- Indianapolis Business Journal
- What Does a "Secure" Organization Look Like?
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- Indianapolis Business Journal
- Information Security - A Huge Potential for CPAs, The Account
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- ICLEF
- 2001 Computer Law Update
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- ICLEF
- 1999 Midwest Intellectual Property Law Symposium
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- Indiana State Bar Association
- Year 2000 Litigation Update
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- ISA
- Managing Risk in Software Contracts
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- Indianapolis Business Journal
- Legal Implications of the Millennium Bug, Year 2000 Proceedings
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- Indianapolis Business Journal
- The Internet: The Great Equalizer for Corporate Counsel
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- Growth 100
- Copyright Law Fundamentals
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- ISA
- Cyberrights and Cybercrime
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- ACM/Purdue
- The Law of the Information Superhighway
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- ICLEF
- The Scope of Fair Use and Implied Licenses in Computer Law
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- CISI
- The Internet for Attorneys
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- ICLEF
- Trademark Use and Infringement on the Internet
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- ISA
- Legal Considerations for Doing Business on the Internet
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- ICLU
- Civil Liberties In Cyberia: Intellectual Property and Electronically Transmitted Information
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- Indianapolis CEO
- The Information Superhighway: Where Will It Lead?
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- Indianapolis Business Journal
- Latest Computer Technology Intrudes on Privacy
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- ISA
- Protecting Your Trademarks on the Internet
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- ICLEF
- Current Trends in Software Licensing
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- ISA
- Reverse Engineering and Fair Use in Software Development
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- IBJ
- Builders and Owners Face New Liabilities From Copyright Changes
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- ITVA
- "Securing and Enforcing Videotape Copyrights"
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- IBMTC
- "Software Patents"
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- IBJ
- "FAX Facts: Translating Business Laws for the Electronic Age"
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- Proceedings of the Technology Transfer and Database Tutorial Workshop
- "Maximizing Profitability Through Software Licenses"
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- U.S. Dept. of Commerce Briefing
- "Legal Considerations for Exporting"
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- SEF
- "Software Piracy"
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- SEF
- "Software Products Liability"
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- U.S. Dept of Commerce Briefing
- "Legal Aspects of EC 1992 for Indiana Computer Software, Hardware and Peripheral Manufacturers"
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- SEF
- "Software Licensing"
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- Entrepreneurship
- ICLEF "Patents and Trade Secrets"
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Publications
Articles & Publications
- Indiana Intellectual Property Law News
- Paul Overhauser
Certifications
- Registered Patent Attorney
- US Patent and Trademark Office
Websites & Blogs
- Website
- Website
- Blog
- Indiana Intellectual Property Lawyer Blog
- Patent Office Issues 216 Patents To Indiana Citizens in November 2019
3 December 2019 - 235 Trademark Registrations Issued to Indiana Companies in November 2019
2 December 2019 - Indiana Trademark Litigation: AWGI, LLC and Atlas Van Lines, Inc. Granted Default Judgment
26 November 2019 - Indiana Trademark Litigation: Three Floyds Brewing LLC of Munster, Indiana Seeks Damages for Alleged Trademark Infringement
25 November 2019 - Indiana Patent Litigation: Indiana Court Denies Motion for Preliminary Injunction in RV Range Oven Case
18 November 2019 - United States Patent Trial and Appeal Board Rules in Favor of Lippert Components in RV Leveling Patent Dispute
13 November 2019 - Indiana Copyright Litigation: German Photographer Sues Elkhart-Based Company, Good Living Enterprises Inc., for Alleged Copyright Infringement
12 November 2019 - Chief Judge Springmann to take Senior Status
11 November 2019 - Cummins Reports Wins in Patent and Trademark Infringement Suits
6 November 2019
Legal Answers
179 Questions Answered
- Q. If I file for a trademark, will the trademark office conduct a search for me?
- A: Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark. Paul Overhauser www.iniplaw.org www.overhauser.com 317-891-1500
- Q. What is a certification mark?
- A: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. What is a collective membership mark?
- A: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. Do I have to register my trademark for it to be valid?
- A: No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the mark in federal court; The use of the U.S. registration as a basis to obtain registration in foreign countries; The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods; The right to use the federal registration symbol ® and Listing in the United States Patent and Trademark Office’s online databases. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. Should I conduct a search for similar trademarks before filing an application?
- A: Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
- A: A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. Will the Patent Office recommend a patent attorney to help protect my invention?
- A: No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. Are invention promotion companies reliable and trustworthy?
- A: This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S. Patent and Trademark Office; P.O. Box 1450; Alexandria, VA 22313-1450 or call at (703) 306-5568. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
- Q. Are there any organizations in Indiana that can assist in developing and marketing my invention?
- A: Two good groups are the Venture Club of Indiana, www.ventureclub.org; and the Hackers and Founders, www.meetup.com/Hackers-and-Founders-Indianapolis Paul Overhauser www.iniplaw.org www.overhauser.com 317-891-1500
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