Category Archives: Intellectual Property

LaPorte Video Game Arcade sued for Trademark Infringement

27 Thursday Jul 2023

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

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Full Tilt Arcade & Pinball is a video game arcade in LaPorte, Indiana. It was opened by two friends in October 2022.

Unfortunately for Full Tilt, Nickels and Dimes Incorporated of Celina, Texas, has been using the TILT trademark in connection with video game arcades since 1977. There have been over 200 “Tilt” locations nationwide and 2 in Australia. Nickels and Dimes also uses the TILT STUDIO and TILTED 10 trademarks for larger entertainment facilities.

Alleging trademark infringement, Nickels and Dimes sent a cease-and-desist letter to Full Tilt on June 22, 2023, to which Full Tilt responded that it would not comply. Undaunted, Nickels and Dimes now seeks intervention from the Federal Court for the Northern District of Indiana.

Stay tuned for updates.

Nickels and Dimes Incorporated v. Noah’s Arcade, LLC d/b/a Full Tilt et al.

Court Case Number: 3:23-cv-00699-DRL-MGG
File Date: July 25, 2023
Plaintiff: Nickel and Dimes Incorporated
Plaintiff Counsel: Jonathan G. Polak of Taft Stettinius & Hollister, LLP
Defendant: Noah’s Arcade, LLC d/b/a Full Tilt, Ben Konowitz, Ryan Hart
Cause: Federal Trademark Infringement, Federal Unfair Competition, Cybersquatting, Common Law Unfair Competition
Court: Northern District of Indiana
Judge:  Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

July 2023 Indiana Intellectual Property Litigation Update

14 Friday Jul 2023

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

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Overall, it has been a quiet month in Indiana Intellectual Property litigation. The big Andretti Global lawsuit was removed to federal court on June 19th but may already be headed back down to Hamilton County courts depending on the outcome of a newly-filed Motion to Remand.

Here are the latest updates on all pending Indiana trademark and copyright litigation:

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ deadline to complete settlement has been extended by motion to August 28, 2023.

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

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On June 28, 2023, inTech filed its Response to the Plaintiff’s motion to exclude one of Defendant’s experts.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A Discovery Conference was held on June 16, 2023 and another is scheduled for July 14, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several additional motions were filed over the previous month, including a Motion for Preliminary Injunction filed by the Plaintiff on June 29, 2023.

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) –  On June 22, 2023, the Court denied the Plaintiff’s motion for default judgment without prejudice because it had not been properly filed against all the defendants.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  Telephonic status conferences were held on June 28, 2023 and July 6, 2023.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On July 11, 2023, this lawsuit was consolidated with the other Center for Gestalt Development case.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – No update this month.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On June 16, 2023, the Plaintiff filed its Response in Opposition to the Motion to Bifurcate.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On June 23, 2023, the Court granted Plaintiff’s Motion for Leave to Seek Limited Discovery from Amazon regarding Plaintiff’s damages.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – On July 5, 2023, the Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction. A telephonic Rule 16 Preliminary Pretrial Conference was held on July 12, 2023.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – No update this month.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – The Motion to Transfer Case and Motion to Dismiss for Failure to State a Claim are now fully-briefed as of July 5, 2023.

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.

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – On July 12, 2023, Defendant Dulaney filed his Answer and Affirmative Defenses.

Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn (ND 5/24/2023) – No update this month.

The Center for Gestalt Development, Inc. v. Robine et al. (SD 6/13/2023) – On July 11, 2023, this lawsuit was consolidated with the other Center for Gestalt Development case. No other updates.

DCG Indiana, Inc. v. Cardinal XLIII, LLC et al. (SD 6/19/2023) – On July 12, 2023, the Plaintiff filed a combined Motion to Amend Complaint and Motion to Remand back to Hamilton County courts.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) – No update yet.

June 2023 Updates – May 2023 Updates

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

Indianapolis Water Damage Restoration Company sued over Unauthorized Use of Photograph on Christmas Safety Blog Post

13 Thursday Jul 2023

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

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Restoration 1, an Indianapolis-based water damage restoration service, has been sued for unauthorized use of a photograph on their website. The Plaintiff is a professional photographer from New Jersey who, per the Complaint (below), first sought to negotiate a reasonable license before bringing this lawsuit with a single claim of copyright infringement.

The photograph of blurry Christmas lights was allegedly used by the Defendant as the header in a blog post titled “A Safety Guide to Outdoor Christmas Lights.” This lawsuit should be a reminder to other companies that no matter how benevolent your intended use might be, don’t ever use images you pull directly from Google Images or you could get sued. A second lesson, probably soon to be learned by this Defendant, is that the “reasonable license” fee can increase significantly after a lawsuit is filed.

Stay tuned for updates.

Sadowski v. Restoration 1 by J&D, LLC

Court Case Number: 1:23-cv-01224-JRS-MKK
File Date: July 12, 2023
Plaintiff: Christopher Sadowski
Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck LLP
Defendant: Restoration 1 by J&D, LLC d/b/a Restoration 1 of Greater Indianapolis
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: M. Kendra Klump

Complaint:

Andretti Global sued in Indiana Federal Court by Design-Builder of New Fishers Headquarters

20 Tuesday Jun 2023

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

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This lawsuit involves the design and construction of a new headquarters for Andretti Global in Fishers, Indiana. The Plaintiff is a construction company that had been contracted to design and build the new facility. The Complaint (below) details how the business relationship went downhill pretty much from the onset, starting with late payments. The contract was terminated for cause in April 7, 2023. The Plaintiff disputes the stated grounds for termination. Construction on the facility has now been halted, presumably pending the outcome of this litigation or the related mediation.

The lawsuit includes a claim for copyright infringement due to the Defendants’ alleged post-termination use of the Plaintiff’s architectural designs. However, the Complaint does not state whether the architectural designs are registered with the U.S. Copyright Office, which is mandatory for a federal copyright lawsuit, so the copyright claim may be subject to a 12(b) motion.

The Complaint quotes one of the Defendants’ representatives as saying “If you want to go to war with a bunch of international billionaires, we’ll bury you.” The Plaintiff apparently has not been deterred by the threat of “war,” filing this lawsuit to insist that the “international billionaires” pay up the ~$1 million allegedly owed at the time of termination.

The lawsuit was originally filed in Hamilton County Court on May 24, 2023 and removed to the Southern District of Indiana on June 19, 2023. Stay tuned for updates.

DCG Indiana, Inc. v. Cardinal XLIII, LLC et al.

Court Case Number: 1:23-cv-01058-MPB-KMB
File Date: June 19, 2023
Plaintiff: DGC Indiana, Inc. d/b/a Dillon Construction Group a/k/a/ Dillon Construction a/k/a DCG Construction
Plaintiff Counsel: J. Michael Cavosie, J. Greg Easter, Elizabeth S. Schmitt, Katelyn Klingler of EASTER & CAVOSIE
Defendant: Cardinal XLIII, LLC, Motorsport Real Estate Ventures, LLC d/b/a Andretti Motorsports; Studio M Architecture and Planning, LLC, Gradex, Inc., Glenmark Construction Company, Inc.
Cause: Breach of Contract, Fraudulent Transfer, Copyright Infringement, Lien Foreclosure
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Kellie M. Barr

Complaint:

June 2023 Indiana Intellectual Property Litigation Update

15 Thursday Jun 2023

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

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Summer is almost here and several Indiana IP lawsuits are starting to heat up. Here are some of the most interesting updates from the previous month:

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.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On May 18, 2023, the Plaintiff filed its Reply Brief in Support of Partial Motion for Summary Judgment.

Fans of discovery disputes may want to follow this lawsuit more closely going forward. On May 18, the Plaintiff also filed its Response to Defendant’s Additional Statement of Material Facts.

On May 31, 2023, the Plaintiff filed a Motion to Exclude Testimony and Opinions of the Defendant’s expert witness.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The lawsuit was dismissed on June 8, 2023.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – In resolving the prior discovery dispute, on June 5, 2023, the Court ordered that the Plaintiffs shall file a revised version of their Exhibit A that is both “text-copyable” and electronically “searchable.” The Court declined to impose sanctions on the Plaintiff’s counsel.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several of Defendant Bartel’s recent motions were stricken by the Court on June 6, 2023. The Court also prohibited the pro-se parties from filing any other motions without the Court’s permission until further order. A status conference was held on June 14, 2023.

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) –  No update this month.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  No update this month.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month but the other individual defendant has transferred their lawsuit from the Eastern District of Pennsylvania to the Southern District of Indiana. See below.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A Uniform Stipulated Protective Order was approved on May 17, 2023. The Defendants filed a Preliminary Exhibit List on May 19, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  The lawsuit was settled and dismissed with prejudice on May 31, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On June 2, 2023, the Defendant filed a Motion to Bifurcate Damages from Liability. The Defendant wants a separate trial to first determine whether liability exists before spending time and energy on any damages calculations.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – An Affidavit of Service for Defendant Watkins was filed on May 22, 2023, with service on April 27, 2023. On May 24, 2023, the Plaintiff filed a Motion for Clerk’s Entry of Default against Defendant Watkins, which was entered on June 14, 2023 for failure to respond.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On June 6, 2023, the case was transferred to the Eastern District of Texas and assigned case number 4:23-cv-00516.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – The response deadline for Defendant Kiley has been extended to July 5, 2023. The Answer for Defendant LA Systems, LLC is due on August 1, 2023.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The Defendant filed its Answer on May 30, 2023. The Answer consists mostly of general denials or “lack of information” responses and includes nineteen affirmative defenses so the Plaintiff can expect to face a vigorous defense. Defense counsel are David J. Carr, Thomas A. Walsh, and Paul C. Sweeney of ICE MILLER LLP.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – On June 7, the Defendants filed a lengthy Motion to Dismiss for Failure to State a Claim and a Motion to Transfer Case.

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 yet.

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – The Defendants’ counsel have now appeared and first extensions of time have been obtained.

Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn (ND 5/24/2023) – No update yet.

The Center for Gestalt Development, Inc. v. Robine et al. (SD 6/13/2023) – No update yet.

May 2023 Updates

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates