Spring is here! Only two new lawsuits were filed since last month but there were many developments in pending Indiana intellectual property litigation. Several fully-briefed motions have receiving a court ruling, including one defendant successfully winning a motion to dismiss for lack of personal jurisdiction. One lawsuit saw an unusual request to file a “surreply,” which was immediately challenged by the opposing party. BMI received a summary judgment of $28,000 over 4 songs played on a roadhouse jukebox. We don’t know why the roadhouse chose not to defend itself, or attempt settlement as is customary, but surely it would have paid far less for the standard BMI license.
Here are some of the more interesting trademark and copyright litigation filings from the last month:
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 April 26, 2023.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On March 30, 2023, Forest River filed a Motion for Partial Summary Judgement for its trademark infringement and unfair competition claims.
The Motion for Partial Summary Judgment was accompanied by a Motion to Seal Documents, to which inTech filed a Response on April 13, 2023, expressly reserving opposition to inclusion of portions of an Asset Purchase Agreement among the sealed documents.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A telephonic status conference was held on April 5, 2023 to discuss discovery status and another is scheduled for May 5, 2023.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) –On April 17, 2023, the Court entered an order granting a permanent injunction against the defendants and dismissal of the lawsuit with prejudice.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The parties have a status conference scheduled for May 5, 2023.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – There were a number of motions and responses filed over the last month, including the Plaintiff’s response to one of the individual defendants’ request to file a “Surreply.”
Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – On April 13, 2023, a Default Judgment was entered against the Defendants for $28,378. This amount is likely significantly higher than the Rockville, Indiana roadhouse would have paid for a standard BMI jukebox license, but the roadhouse apparently opted to take no action in the lawsuit.
Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – On April 13, 2023, a Joint Stipulation of Dismissal was filed.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – No update this month.
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) – No update this month.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On April 13, 2023, the Court granted Defendant HG Autotech’s Motion to Dismiss for Lack of Personal Jurisdiction.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – The Court approved a Case Management Plan on April 4, 2023. Discovery is due by August 7, 2023 and dispositive motions are due by October 2, 2023.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – Defendant Brown’s Motion to Dismiss is now fully-briefed as of March 21, 2023. A pretrial conference was held on April 13, 2023. Discovery is due by November 3, 2023 and dispositive motions are due by January 5, 2024.
Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) – Defendant Lynn Boolman Auto Sales filed its Answer on March 28, 2023. The response deadline for Defendant Carsforsale.com has been extended to April 20, 2023.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – Defendant AaLand filed its Answer on March 15, 2023. A telephonic conference was held on April 6, 2023.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On March 27, 2023, the Court denied (without prejudice) Delta Faucet Company’s Motion for Alternative Service of Process. Delta’s counsel will need to try a new strategy to serve the Complaint on the hard-to-find Defendant.
USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – No update this month.
Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – The Defendant’s response deadline has been extended to May 8, 2023.
Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – No update yet.
Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – No update yet.
HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – No update yet.
March 2023 Updates – February 2023 Updates – January 2023 Updates
Indiana Intellectual Property Blog 