The last four weeks have been relatively quiet for Indiana trademark and copyright lawsuits. A few lawsuits settled unceremoniously. Several telephonic conferences were held and some follow-up conferences have been scheduled. A few motions are now fully-briefed, so next month could see several important court orders.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On January 27, 2023, the Court, following advisement by counsel that settlement was reached, ordered that dismissal documents be filed within 30 days.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – AMI has requested a two-day extension of time to February 17, 2023 to reply to the Noble Roman’s Motion for Partial Summary Judgment.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A hearing is schedule on February 22, 2023 on Defendant’s fully-briefed Motion to Compel Documents from Plaintiff.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The parties held a telephonic status conference on February 9, 2023 and another is scheduled on March 8, 2023.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The parties held a telephonic status conference on February 2, 2023 and another is scheduled on February 22, 2023.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The parties held a telephonic status conference on February 10, 2023 and another is scheduled on March 23, 2023.
NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – On January 27, 2023, the lawsuit was dismissed with prejudice, all parties bearing their own costs and attorneys’ fees.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Motions, responses, and replies, oh my. This case has seen nearly 20 filings in the last month, so if you’re following along with this lawsuit, go check out PACER for all the details.
PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – On January 20, 2023, the lawsuit was transferred to the Western District of Washington and assigned case number 2:23-cv-00116.
Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – On January 27, 2023, BMI filed a Motion for Default Judgment.
Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The parties held a telephonic status conference on January 9, 2023 and a settlement conference is scheduled on March 13, 2023.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The parties held a telephonic status conference on February 6, 2023 and a settlement conference is scheduled on March 2, 2023.
Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – No update this month.
Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The Court modified a non-dispositive motion deadline but there we no other updates this month.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On January 26, 2023, Defendant Darby filed a Motion to Dismiss for Lack of Jurisdiction. A telephonic pretrial conference is scheduled for February 22, 2023.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – As of February 10, 2023, the Defendant’s Motion to Dismiss for Lack of Venue is now fully-briefed.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A telephonic pretrail conference is scheduled on April 11, 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) – No update yet.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – No update yet.
Indiana Intellectual Property Blog 