Category Archives: Copyright

Mid-April Indiana Intellectual Property Litigation Update

15 Thursday Apr 2021

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

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Just a few updates of note since mid-March in Indiana trademark and copyright lawsuits. Next month should see more filings in the current lawsuits as defendants start to make appearances.

Midcontinent Independent System Operator, Inc. v. Sullivan (SD, 1/18/2021) – The parties have settled and a Consent Judgment was entered on April 7, 2021. The Defendant has agreed to stop using the Plaintiff’s trademarks, with each party to bear its own costs and attorneys’ fees.

Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – No update since the Notice on Settlement on March 10, 2021.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The Plaintiff filed an Amended Complaint on April 2, 2021.

The Amended Complaint has dropped the claims of Conversion and Theft, retaining just the claims of Breach of Franchise Agreement and Trademark Infringement. As a result, the Defendants’ Motion to Dismiss filed on March 8 was denied without prejudice as moot.

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – No update yet.

Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – No update yet.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – The Defendants’ counsel filed an appearance on April 6, 2021 and filed a 14-day Notice of Initial Extension of Time. As such, the new response deadline is April 21, 2021.

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet.

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – No update yet.

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – No update yet.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – On March 30, 2021, Delta Faucet Company filed an Amended Complaint.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – No update yet.

Mid-March Indiana Intellectual Property Litigation Update

15 Monday Mar 2021

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

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Another month come and gone with just a few developments in Indiana copyright and trademark lawsuits. Some interesting cases were filed this month that should have an update next month.

Midcontinent Independent System Operator, Inc. v. Sullivan (SD, 1/18/2021) – On 3/10/21, the Defendant was granted another extension to file their Answer until 3/24/2021.

Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – On 3/10/21, the Plaintiff filed a Notice of Settlement indicating that “The parties have reached a settlement in principle. Plaintiff will filed a notice of dismissal by May 28, 2021.” So this lawsuit is basically over, likely just pending full payment from Defendant to Plaintiff.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The Defendants have filed an Answer and Motion to Dismiss for Failure to State a Claim (see below). The Answer is almost entirely just general denials but does include Counterclaims (starting at page 21) that tell some of the Defendants’ side of the story. Allegedly, Noble Roman’s was attempting to use a few minor protocol breaches to force the Defendants’ into signing a 4-year lease agreement. The Counterclaims also allege abusive litigation practices and abuse of process. The Defendants are asking for dismissal of the Complaint, damages against the Plaintiffs, and attorneys’ fees.

Defense counsel are Ronald J. Waicukauski and Carol Nemeth Joven of Price Waicukauski Joven & Catlin, LLC.

Answer:

The Motion to Dismiss addresses Noble Roman’s failure to make factual allegations of any specific wrongful conduct. If, per the Defendants’ Counterclaims, Noble Roman’s wanted a protracted legal battle, this is the first opportunity for it to spend some serious legal money defending deficiencies in the Complaint.

It should be noted that the original Noble Roman’s counsel who filed the Complaint is not among the team currently litigating the case, who it turns out might be on cleanup duty.

Motion to Dismiss for Failure to State a Claim:

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – No update yet

Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – No update yet

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – No update yet

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – No update yet

Mid-February Indiana Intellectual Property Litigation Update

18 Thursday Feb 2021

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

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Here are some quick updates on the IP litigation filed in Indiana so far in 2021. The amount of filings are still far below pre-pandemic numbers, but there are a few interesting cases to follow.

Midcontinent Independent System Operator, Inc. v. Sullivan (SD, 1/18/2021) – The parties have agreed to a 28-day extension (until March 10, 2021) for Defendant to respond. This is often an indication that settlement talks are taking place.

Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – The Defendant filed an Answer as pro se on 2/11/2021, but the Answer was struck by the Court one day later, as limited liability companies (which the Defendant is) must be represented by counsel.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – Plaintiff’s counsel filed their Appearances on 2/11/2021, nothing else to report

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – No update yet

Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – No update yet

New Indianapolis Bouldering Facility sues Accusers for Declaratory Judgment of Non-Infringement

12 Friday Feb 2021

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

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The Plaintiff in this action for declaratory judgment of non-infringement is a yet-to-open rock climbing gym in Indianapolis, Indiana. More specifically, the planned gym will provide a venue for “bouldering,” a type of rock climbing low enough to the ground to be done without safety ropes.

The Defendants operate similar “bouldering” facilities in Washington (State), Texas, and Minneapolis. As admitted in the Complaint (see Complaint, Section 10, below), “For a brief period of time in late 2020, one of Plaintiff’s members used content from one of Defendant’s websites as placeholder text during the website design process. This text was removed after two weeks of being publically available, and has been replaced by Plaintiff’s current website: https://www.northmassboulder.com/.”

The Defendants contacted the Plaintiff via counsel in December 2020, at which time the “infringing” content was removed from Plaintiff’s website. Nonetheless, dialogue between the parties’ counsel was apparently unproductive and it became clear that Defendants were going to sue Plaintiff. As such, the Indianapolis-based Plaintiff seized the initiative and filed a declaratory judgment action to prove their lack of infringement.

Declaratory judgment actions are always interesting as they flip the usual filing paradigm (i.e. the infringed filing against the infringer). There is an admitted temporary use by Plaintiff of some of the Defendant’s online content but other issues like trade dress and trade secrets are raised in the Complaint and will be interesting to follow to resolution. Stay tuned for updates.

Indianapolis Bouldering, LLC v. BP Holdings Company, LLC et al.

Court Case Number: 1:21-cv-00344-JMS-JMD
File Date: February 11, 2021 
Plaintiff: Indianapolis Bouldering, LLC
Plaintiff Counsel: Jonathan G. Polak, Steven T. Henke of TAFT STETTINIUS & HOLLISTER LLP
Defendant: BP Holdings Company, LLC, Seattle Bouldering Project, LLC, Minneapolis Bouldering Project, LLC, and Austin Bouldering Project, LLC
Cause: Invalidity or Unenforceability of Intellectual Property Rights, Non-Infringement of Intellectual Property Rights, Non-Violation of Alleged Trade Secrets
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mark J. Dinsmore

Complaint:

Liebowitz files Photography Lawsuit in Northern District of Indiana

20 Wednesday Jan 2021

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

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Famous (infamous) plaintiff’s lawyer Richard Liebowitz has filed another copyright lawsuit in Indiana over the unauthorized use of a photograph of Murlough Bay in Northern Ireland. The photograph has been removed from the Defendant’s website, http://www.anglotopia.net, but the Defendant was apparently not willing to meet Liebowitz’s customary settlement demands and thus a lawsuit was filed.

With a Complaint filed, it’s usual for the Defendant in these cases to weigh the costs/benefits of proceeding and likely choose to settle for a slightly higher amount than pre-Complaint. However, we’ll keep a close eye on this lawsuit to see whether Defendant has a viable defense strategy or whether they are just biding time until the eventual settlement.

Murlough Bay, Northern Ireland

Scnhebelt v. Anglotopia, LLC

Court Case Number: 3:21-cv-00040-JD-MGG
File Date: January 18, 2021
Plaintiff: Stefan Schnebelt
Plaintiff Counsel: Richard Liebowitz of Liebowitz Law Firm, PLLC
Defendant: Anglotopia, LLC
Cause: Copyright Infringement, Integrity of Copyright Management Information
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G Gotsch, Sr.

Complaint: