Happy New Year! Several Indiana IP defense attorneys were hard at work over the holidays, with four Answers filed in the last month. Many pending cases had no update, but we can expect the courts to now be back in full swing going into the heart of winter. Read on below for updates on all pending trademark and copyright litigation in Indiana:

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) –  This lawsuit was dismissed with prejudice on December 28, 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 January 12, 2024, the Plaintiff filed a stipulation regarding the separation of witnesses at trial.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – These attorneys were definitely working over the holidays, with several motions filed in the last month, including a “Motion to Compel Gabet’s Production of Documents and Testimony that Provide Factual Bases for her Attorney’s Testimony” filed on January 3, 2024. The Defendant filed its Response on January 10, 2024.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – A Reply to a Motion for Preliminary Injunction was filed on December 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.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A Status Conference was held on December 18, 2023. A Settlement Conference is scheduled on May 3, 2024.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – No update this month.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – No update this month. Dismissal papers are still due by January 25, 2024.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – The lawsuit was dismissed on December 15, 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) –  The Defendant filed its Answer on December 27, 2023, which includes Third-Party Complaint against its website developer for breach of contract, negligence, and common law indemnity.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – The parties are in the process of selecting a mediator.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – The Defendant filed its Answer and Affirmative Defenses on January 3, 2023. The Defendant is represented by Theodore J. Minch of Sovich Minch, LLP.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Final Pretrial Conference is scheduled on April 22, 2025. Trial is scheduled on May 5, 2025.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – No update this month.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – The Defendant filed its Answer, Affirmative Defenses, and Counterclaim on December 22, 2023. The counterclaim seeks cancellation of the Plaintiff’s trademark registration based on mere descriptiveness. On January 8, 2024, the Plaintiff filed an Extension of Time to respond to the counterclaim.

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) –  A Clerks Entry of Default was entered on January 3, 2024, following a Motion for Clerks Entry of Default filed by the Plaintiff on January 2, 2024.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – Via a motion filed by the Plaintiff, the Defendant’s deadline to respond has been extended to February 1, 2024.

Matsumoto v. Pho Real LLC (SD 11/15/2023) – The Defendant’s Answer and Affirmative Defenses were filed on January 12, 2024. The Defendant is represented by Robert L. Nicholson of Carson LLP.

Watson Music Group, LLC v. Borshoff, Inc. (SD 11/22/2023) – No update this month.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – No update yet.

December 2023 Updates – December 2022 Updates –  December 2021 Updates