The last month in Indiana Intellectual Property litigation definitely took on a Halloween theme, including new cases involving unauthorized mattresses, plaster falling off the ceiling, bovine collagen and surgical kits. One trademark lawsuit looked set for trial in early November but was continued until February due to the lead counsel contracting COVID. Many lawsuits have a telephonic conference scheduled over the next 30 days, so perhaps we’ll see some significant updates early next year. Read on for updates on all pending Indiana trademark and copyright litigation. Leave a comment below and let us know which cases you are closely following.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – A Telephonic Status Conference is scheduled on November 15, 2023.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A Settlement Conference was held on November 9, 2023, and the Court reports that the case is settled. The parties have 90 days to file a Stipulation of Dismissal.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – This lawsuit was lurching toward a rare trademark trial on November 6, 2023, with over 20 filings since last month’s update, including motions, responses, proposed voir dire, objections, and more. However, due to an even more rare Emergency Motion to Continue Trial Due to Covid, the trial has been moved to February 27, 2024.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A Telephonic Discovery Conference was held on November 2, 2023.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several motions and responses were filed in the last month.
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) – The plaintiff filed a Motion for Entry of Default on October 20, 2023. The Clerk’s Entry of Default was entered on November 8, 2023.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On October 27, 2023, the Court denied Defendant Bowman’s Motion for Leave to File Early Summary Judgment Motion.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – The defendants filed their answer on November 2, 2023, including affirmative defenses and counterclaims seeking cancellation of the plaintiff’s trademark registrations. The defendants are represented by Meaghan K. Haller, Alex E. Gude, and Jessica L. Meek of Dentons Bingham Greenebaum LLP and John H. Brooke of Brooke & Struble, P.C.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – The parties filed a Motion to Stay on October 24, 2023. The parties have been ordered to file dismissal papers by January 25, 2024.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On November 1, 2023, the Court ordered Delta to file a Notice by November 15, 2023, which addresses whether the Court has personal jurisdiction over the named defendant.
Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The plaintiff filed a Stipulation of Dismissal on November 14, 2023.
HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – A Status Conference was held on November 6, 2023 and another is scheduled on November 27, 2023. On November 3, 2023, the defendants filed their response to the plaintiff’s Motion for Preliminary Injunction. The response accuses the plaintiff of fraud on the USPTO, unreasonable delay, and unclean hands. It further emphasizes that there has been no evidence of consumer confusion. The plaintiff’s reply to their Motion for PI, due shortly, is now a must-read document.
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) – A Telephonic Rule 16 Preliminary Pretrial Conference was held on November 14, 2023. Daniel Joseph Layden has entered an appearance on behalf of the defendant.
Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on November 29, 2023.
Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – The time to respond to the Complaint has been extended to November 22, 2023.
Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on December 19, 2023.
Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – The time to respond to the Complaint has been extended to November 27, 2023. A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on December 14, 2023.
Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – No update yet.
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) – No update yet.
Stross v. Homestead Properties, Inc. (SD 11/09/2023) – No update yet.
October 2023 Updates – September 2023 Updates
August 2023 Updates – July 2023 Updates – June 2023 Updates – May 2023 Updates
April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates
Indiana Intellectual Property Blog 