Author Archives: Kenan Farrell

November 2022 Indiana Intellectual Property Litigation Update

15 Tuesday Nov 2022

Posted by in Intellectual Property

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It’s cold again, snow is falling, so let’s get caught up on all of the latest updates in Indiana copyright and trademark litigation. It’s always good to see both sides of the story, and we got that this month with numerous Answers (and Counterclaims) finally being filed. Check out all of the November updates and some of the more interesting filings below.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On November 1, 2022, the case was reassigned to Magistrate Judge Kellie M. Barr. No other updates this month. The new case number is 4:21-cv-00091-JMS-KMB,

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The Court has extended, by motion, the dispositive motion deadline to January 2, 2023. There’s nothing quite like drafting dispositive motions over the holidays, am I right, litigators?

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – On November 4, 2022, the Plaintiff filed a Motion for Leave to Amend Complaint to join Raymond Lei, the owner of Defendant ooShirts, Inc. ooShirts filed its Response on November 10, 2022.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) –  On November 1, 2022, the case was reassigned to Magistrate Judge Kellie M. Barr. No other updates this month. The new case number is 1:21-cv-02611-JMS-KMB,

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) –  The Court has scheduled a Status Conference on 12/7/2022. Presumably, if the Defendant does not participate, the Court will take action on the June Clerk’s Entry of Default.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – No update this month.

Reid v. Stephenson (SD, filed 1/27/2022) – A Clerk’s Entry of Default was entered on October 24, 2022 against Lance Stephenson for failure to plead or otherwise defend.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – On November 2, 2022, the Defendants filed an Amended Answer and Counterclaims.

The Counterclaims make an allegation that the manager of Plaintiff, Carter, is essentially running a predatory trademark scam, in that he “sometimes scavenges the Internet for unsuspecting online celebrities/social-media influencers, and attempts to exploit these online celebrities/social-media influencers by copying their brands and/or persona, filing trademark applications to register on the Principal Register of the USPTO with alleged dates of first use that Carter believes predate the online celebrities’/social-media influencers’ first date of use, and then Carter uses NuStar to attempt to highjack the online celebrities’/social-media influencers’ brand and/or exploit a settlement through litigation, or the threat of litigation or trademark challenges.”

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On November 1, 2022, the case was reassigned to Magistrate Judge Kellie M. Barr. No other updates this month. The new case number is 4:22-cv-00110-JMS-KMB.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Over ten different status reports and motions have been filed in the last month, so I encourage those following this lawsuit closely to go check them all out.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Defendant Brooks Sports, Inc. filed its Answer and Amended Counterclaims on November 9, 2022. Brooks includes several counterclaims for declaratory judgment of no rights and non-infringement. To spice things up, Brooks also included a counterclaim of abuse of process against Puma.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – No update this month.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The Defendants filed an Answer on October 26, 2022. On November 1, 2022, the case was reassigned to Magistrate Judge Kellie M. Barr. No other updates this month. The new case number is 1:22-cv-01563-SEB-KMB.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – A Protective Order was entered on November 7, 2022. Various witness and exhibits lists have been filed by the parties.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – On November 3, 2022, the Court ruled that the Plaintiff’s motion for preliminary injunction was unwarranted.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The Defendants filed an Answer on October 31, 2022.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – There have been a few administrative filings but no substantive updates yet.

Mickles v. OnStar General Motors – U.K. (SD 11/04/2022) – The lawsuit was closed on November 10, 2022 and the Court has recommended sanctions against the plaintiff for frivolous filings.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No substantive updates yet.

October 2022 Updates – September 2022 Updates – August 2022 Updates – July 2022 Updates

June 2022 Updates – May 2022 Updates – April 2022 Updates – March 2022 Updates

February 2022 Updates– January 2022 Updates – December 2021 Updates

Center for Gestalt Development sues Indiana Resident for Publication of Gestalt Therapy Manuscripts

15 Tuesday Nov 2022

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The named defendant in this copyright lawsuit is accused of publishing previously unpublished manuscripts of Frederick Perls, a psychiatrist who developed Gestalt therapy, an influential form of psychotherapy. The plaintiff is the Center of Gestalt Development, who claim ownership of the manuscripts.

The named defendant, an Indiana resident, successfully challenged jurisdiction and venue in the Eastern District of Pennsylvania, so the lawsuit was refiled against him in Indiana. There are two other French defendants and the plaintiff is seeking to consolidate the cases in Indiana.

Stay tuned for updates.

The Center for Gestalt Development, Inc. v. Bowman

Court Case Number: 1:22-cv-02185-JMS-MG
File Date: November 9, 2022
Plaintiff: The Center for Gestalt Development, Inc.
Plaintiff Counsel: George A. Gasper, Brian Cavanaugh of Ice Miller LLP
Defendant: Charles Bowman
Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mario Garcia

Complaint:

Pro Se Copyright (?) Complaint filed against OnStar General Motors – U.K.

07 Monday Nov 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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Pro se complaints are often a bit unusual, typically foregoing many of the requisite formalities of a proper federal lawsuit initiating document, but this case will certainly require an Amended Complaint. I’ll leave it to the blog readers to decipher what could be a complaint for copyright infringement of a work uniform and hats. The Complaint (below) doesn’t elaborate on how the defendants, OnStar General Motors – U.K. and Terri Harris (apparently a Support Assistant at the Library of Congress), are involved.

I wonder if this was meant to be a copyright application. However, the first page at least is styled like a Complaint and it was mailed to the Southern District of Indiana, so we’ll have to wait and see. Stay tuned for updates.

Mickles v. OnStar General Motors – U.K.

Court Case Number: 2:22-cv-00496-JPH-MG
File Date: November 4, 2022
Plaintiff: Terrell Mickles, Canietra Brown, Andrea Shoots, Carlette Mitchell
Plaintiff Counsel: Pro Se
Defendants: OnStar General Motor – U.K., Terri Harris @ Library of Congress
Cause: Copyright Infringement (?)
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mario Garcia

Complaint:

Evansville Software Company sues Ex-Developers and their New Employer over Stolen Software Code

01 Tuesday Nov 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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The plaintiff in this lawsuit, MaddenCo, Inc., is an Evansville, Indiana-based software developer. Specifically, they develop software systems for independent tire dealers and truck stop service centers.

The defendants include two ex-employees of the plaintiff, a software development manager and software developer, who have allegedly developed infringing software code for a competing Louisiana company (also a named defendant) in violation of contractual obligations and fiduciary duties. The plaintiff’s software code has been registered with the U.S. Copyright Office.

Stay tuned for updates.

MaddenCo Inc. v. Reed et al.

Court Case Number: 3:22-cv-173
File Date: October 31, 2022
Plaintiff: MaddenCo Inc.
Plaintiff Counsel: Michael T. McNally of Delk McNally LLP
Defendants: James Reed, Dru Darby, HG AutoTech LLC
Cause: Breach of Contract, Breach of Fiduciary Duty, Tortious Interference, Copyright Infringement, False Advertising, False Representation, False Designation of Origin, Reverse Passing Off, Federal Unfair Competition, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

October 2022 Indiana Intellectual Property Litigation Update

15 Saturday Oct 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trademark

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Indiana Intellectual Property litigators were busy over the last month, with lots of updates in pending litigation. Only one new lawsuit was filed, between an Elkhart RV manufacturer and several of its former employees, but several Answers were filed in other lawsuits, allowing them to finally move forward. See below for the more interesting filings and stay tuned for updates.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – No update this month.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month. 

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Scheduling Conference has been moved to December 1, 2022. No other updates.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The defendants filed an Answer on October 11, 2022, more than a year after the Complaint was filed.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month. 

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update this month. 

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – No update this month.

Reid v. Stephenson (SD, filed 1/27/2022) – The Plaintiff filed a Motion for Clerk’s Entry of Default on October 4, 2022. There is still no activity from the defendant.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The defendant filed an Answer on October 4, 2022 which was promptly stricken for failure to comply with local rules. A subsequent Answer was filed on October 12, 2022. A Preliminary Pretrial Conference is scheduled for November 3, 2022.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On September 20, 2022, the Platinff filed a Motion for Summary Judgment. The Florida-based husband/wife defendants have still not taken any action in this lawsuit.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Defendant Bartel filed a Response to Counterclaims on September 26, 2022.

On October 7, 2022, Defendant Havel filed a Motion requesting court-appointed counsel.

The Plaintiff responded to the Motion on October 11, 2022, challenging the Defendant’s claim of lack of competency to defend themselves.

Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – The lawsuit was voluntarily dismissed without prejudice on September 28, 2022.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – The Defendant filed an Answer on September 28, 2022. They also filed a Motion to Change Venue on the same day, which has not yet been fully briefed. The Plaintiff has until October 26, 2022 to respond to the Motion to Change Venue. A Virtual Settlement Conference is scheduled for November 9, 2022.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – A Clerk’s Entry of Default was entered on September 26, 2022.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The Defendants have until October 26, 2022 to file their Answer.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The Defendants filed an Answer on October 4, 2022.

Honest Ave Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – Certificates of Service were filed on September 13, 2022. Stay tuned for updates.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – On October 13, 2022, the Defendants requested an Extension of Time to File an Answer.

September 2022 Updates – August 2022 Updates – July 2022 Updates

June 2022 Updates – May 2022 Updates – April 2022 Updates – March 2022 Updates

February 2022 Updates– January 2022 Updates – December 2021 Updates