February was a very quiet month in Indiana intellectual property litigation. A few parties filed a Motion to Dismiss in an attempt to avoid litigation in Indiana, but there are no rulings yet. A few settlement conferences were reported as successful, so we can expect a few more cases to be dismissed by next month. Stay tuned for updates on all ongoing copyright and trademark lawsuits.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The settlement deadline has been extended by motion to March 27, 2023.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A settlement conference was held on February 21, 2023, apparently with no success, as the Court opines “it does not appear that another settlement conference at this time would be productive.” On March 3, 2023, Noble Roman’s filed its Reply Brief for its Motion for Partial Summary Judgment.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On February 22, 2023, a hearing was held on the Defendant’s Motion to Compel. The Court ruled on March 10, 2023 that the Plaintiff must produce an unredacted document. On March 14, the parties filed a joint motion to continue dispositive motion deadlines.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A new attorney, Lenny Huang, has appeared on behalf of the Defendants and the original attorneys have withdrawn.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – A Notice of Settlement was filed on March 2, 2023 and the Court has ordered dismissal documents to be filed within 30 days.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A discovery conference was held on February 27, 2023.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – More motions were filed in the last month, including a successful Motion to Strike filed by the Plaintiff.
Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – No update this month.
Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The parties held a successful Settlement Conference on March 14, 2023. The Court has ordered the filing of dismissal documents within 30 days.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The parties held a successful Settlement Conference on March 2, 2023. The Court has ordered the filing of dismissal documents by March 15, 2024.
Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – The Plaintiff filed a Motion for Default Judgment on February 28, 2023.
Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – No update this month.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – The Defendant HG Autotech had attorneys appear on February 22, 2022 who promptly filed a Motion to Dismiss on the same day and then a Motion to Withdraw two days later on February 24, 2022. Defendant Darby’s Motion to Dismiss is now fully-briefed.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A Telephonic Initial Pretrial Conference is scheduled for April 3, 2023.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On February 28, 2023, Defendant Brown filed a Motion to Dismiss.
The Plaintiff’s Response was filed on March 14, 2023.
Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) – No update yet.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – The deadline for Defendant’s responsive pleading was extended to March 16, 2023. A telephonic pretrial conference is scheduled for April 6, 2023.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On February 27, 2023, Delta Faucet Company filed a Motion for Alternative Service of Process.
USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – The Defendants have waived service of the Complaint. No other updates yet.
Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – Alyssa C.B. Cochran has appeared on behalf of Freedompoint. The deadline to respond to the Complaint has been extended to April 6, 2023.
Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – No update yet.
February 2023 Updates – January 2023 Updates