There were several interesting filings in intellectual property litigation in Indiana over the last month. Just one new lawsuit was filed and several lawsuits were dismissed, so we may have a shorter list next month for a change. Read on for updates on all pending Indiana trademark and copyright litigation.
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 June 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 May 4, 2023, the Defendant filed several documents, including a Response Brief in Opposition to Plaintiff’s Partial Motion for Summary Judgment, a Response to Statement of Material Facts, and Additional Material Facts. The submitted information gives much more context to the dispute.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A telephonic status conference was held on May 3, 2023 to discuss discovery status and another is scheduled for June 1, 2023.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On May 8, 2023, the Plaintiff filed Motion for Leave to File a Second Amended Complaint. Amazon promptly challenged with a Motion to Strike, claiming “gamesmanship” by the Plaintiff’s attorney, along with failure to comply with the Court’s electronic filing policies, which prohibit converting a usable electronic document into an unusable version and then filing the unusable version. Amazon has requested monetary sanctions against the Plaintiff’s attorney.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On April 27, 2023, Defendant Bartel filed a Motion to Add Evidence Regarding the True and Factual ‘Known Place of Business’ of Plaintiff. The Plaintiff filed its Response on May 12, 2023.
Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The lawsuit was dismissed with prejudice on April 18, 2023.
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) – The lawsuit was dismissed with prejudice on May 3, 2023.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – A Settlement Conference was held on May 5, 2023. The parties have been ordered to provide an update on settlement discussions by May 22, 2023, and every 14 days thereafter.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – Witness lists were filed by both parties, but no other updates this month.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On May 5, 2023, the parties filed a Joint Motion for Protective Order. The Plaintiff files its Preliminary Witness and Exhibits Lists on May 12, 2023.
Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) – Defendant Carsforsale.com filed its Answer on April 20, 2023. The Answer includes just one affirmative defense, that any alleged infringement on the part of Carsforsale.com was innocent and without intention.
A Preliminary Pretrial Conference is scheduled for May 23, 2023.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On May 4, the Court granted a Stipulated Protective Order.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On April 18, 2023, Delta Faucet filed a Renewed Motion for Alternative Service of Process, which the Court granted on April 26, 2023. Delta Faucet can now serve the Defendant Watkins via electronic means.
USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On May 3, 2023, the case was reassigned to Magistrate Judge M. Kendra Klump. The new case number is 1:23-cv-00274-TWP-MKK. The Defendant’s time to answer the Complaint has been extended by motion to May 22, 2023.
Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – The lawsuit has been settled and was dismissed with prejudice on May 11, 2023.
Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – Summons were issued on May 8, 2023. No other updates.
Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – Defense counsel have filed their appearances and a notice of extension of the response deadline.
HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – No update yet.
Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update yet.
April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates
Indiana Intellectual Property Blog 