Happy holidays to every reader of the Indiana Intellectual Property Blog. It was a quiet month in Indiana copyright and trademark litigation as most litigators turned to their turkey and pie, but a few lawsuits did manage to settle, presumably because of influence of the holiday spirit. A new lawsuit involving a short music clip used in a 2016 social media post should serve as a warning to all businesses to set aside time in the new year to audit old social media content. Read on below for the latest updates on all pending IP litigation and we’ll see you next in 2024.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On December 12, 2023, the defendants filed a Motion to Dismiss the lawsuit with prejudice, based on a settlement in a bankruptcy proceeding.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month. Dismissal papers are due by February 7, 2024.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month. Trial is scheduled on February 27, 2024.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon filed an Amended Answer to Complaint on December 12, 2023.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several new motions were filed over the last month. So many, in fact, that the Court has prohibited the filing of any new motions without the Court’s permission. Defendant Havel filed a rare Motion for Preliminary Injunction on Plaintiffs Registering New Copyrights and/or Trademarks, to which the Plaintiff filed a strong response on December 4, 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, apart from a letter being returned undeliverable.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – Defendant Robine filed an Amended Answer to Complaint on December 8, 2023. A telephonic status conference is scheduled on December 18, 2023.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – The Defendants’ deadline to file their Response to Plaintiff’s Motion to Dismiss is to December 26, 2023.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – No update this month. Per Court order, dismissal papers are due by January 25, 2024.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On December 8, 2023, final judgment was entered in the mount of $5,402,245, along with a permanent injunction, and the lawsuit was closed.
Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The lawsuit was dismissed with prejudice on November 16, 2023.
HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – A Settlement Conference was held on December 7 and 8, 2023, and the lawsuit was settled. A Stipulation of Dismissal was filed on December 14, 2023.
Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update this month.
National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) – No update this month.
Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) – A trial date has been set on May 5, 2025. A final pretrial conference will be held on April 17, 2025.
Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – A Scheduling Order was entered on December 5, 2023 and the parties filed their Corporate Disclosure Statements.
Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – On December 13, 2023, the defendant requested, via unopposed motion, to extend its deadline to respond until January 3, 2024.
Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – The plaintiff has requested an extension of time to respond to the counterclaims in the Answer.
Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – An Amended Answer to Complaint was filed on December 8, 2023. Discovery deadlines were set via Scheduling Order on December 11, 2023.
Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – Matthew J. Clark has entered an appearance on behalf of the defendant.
Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) – No update yet.
Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – The defendant did not file an Answer by the December 11, 2023 deadline.
Stross v. Homestead Properties, Inc. (SD 11/09/2023) – On November 21, 2023, the Court entered an Order requiring the plaintiff to file a separate motion for preliminary injunctive relief, as the Complaint contained a request for a preliminary injunction. That’s a little more work than you usually would expect in a photography lawsuit, which typically settle early, so we’ll see whether the plaintiff follows up on their initial request for the preliminary injunction.
Matsumoto v. Pho Real LLC (SD 11/15/2023) – Robert L. Nicholson has entered an appearance on behalf of the defendant. On December 14, 2023, the defendant filed a Notice of Parties’ First Extension of Time.
Watson Music Group, LLC v. Borshoff, Inc. (SD 11/22/2023) – No update yet.
November 2023 Updates – October 2023 Updates – September 2023 Updates
August 2023 Updates – July 2023 Updates – June 2023 Updates – May 2023 Updates
April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates
Indiana Intellectual Property Blog 