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.