There were no new trademark or copyright lawsuits filed in Indiana in the last month. However, there were some interesting developments in existing cases. A Florida husband/wife marketing team never appeared and received a judgment against them for $159,000. Youtube Celebrity Omi in a Hellcat filed an Amended Counterclaims further asserting his ownership of the RELOADED brand and momentarily rendering moot a Motion to Dismiss. Puma has filed its answer to Brooks’ counterclaims, setting up an epic shoe design battle that could last all of next year. The Court in The Center for Gestalt Development lawsuit is currently deliberating on a fully-briefed Motion to Stay of Proceedings and to Require Plaintiff to Pay Defendant’s Costs of Previously Dismissed Suit. Read on below for details on all pending lawsuits.
Happy holidays to everyone. See you in January for all the latest Indiana Intellectual Property Litigation 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) – Deadlines in the Scheduling Order have been continued via motion.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – An Amended Complaint was filed on November 29, 2022. On December 14, 2022, the parties filed a Joint Status Report hinting at an impending discovery dispute.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The parties have filed their Witness and Exhibit Lists.
Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – A Motion for Default Judgment was filed by the Plaintiff on November 21, 2022.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The case has been assigned to Mark J. Dinsmore. The new case number is 1:22-cv-02246-JPH-MJD.
Reid v. Stephenson (SD, filed 1/27/2022) – The case has been assigned to Mark J. Dinsmore. The new case number is 1:22-cv-00205-JRS-MJD.
NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Plaintiff filed its Answer to Counterclaims on November 22, 2022. The Defendants then filed an Amended Answer to Complaint on December 7, 2022. The Plaintiff has until December 23, 2022 to reply to the Amended Counterclaims.
Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On December 8, final judgment was entered and the Plaintiff was awarded $150,000 in statutory damages, reasonable attorneys’ fees in the amount of $7,714.22 and reasonable costs in the amount of $2,007.52.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – No update this month.
PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Puma filed its Answer to Counterclaims on November 23, 2022.
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) – Trial has been set for March 11, 2024 (Yes, that’s 2024. “The wheels of justice grind slow but grind fine.” – Sun Tzu).
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – A telephonic status conference is scheduled for January 6, 2023.
Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – The plaintiff filed a Motion for Clerk’s Entry of Default on December 6, 2022.
Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The Court entered a Scheduling Order on December 6, 2022.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On December 5, 2022, Defendant filed a Motion to Dismiss for Lack of Jurisdiction.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On November 29, 2022, the case was reassigned to Judge Richard L. Young and Magistrate Tim A. Baker. The new case number is 1:22-cv-02185-RLY-TAB. The Court has yet to rule on the Defendant’s fully-briefed Motion to Stay of Proceedings and to Require Plaintiff to Pay Defendant’s Costs of Previously Dismissed Suit.