Category Archives: Intellectual Property

Kingston, Indiana Grocery Store sued for Trademark Infringement

09 Friday Aug 2024

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

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In addition to using an identical name, the defendant in the latest Indiana trademark lawsuit is accused of submitting a fraudulent letter to the Indiana Secretary of State claiming permission to use the name. The Kingston, Indiana grocery store is allegedly operating as “My Market” without the authorization of the plaintiff, who has prior rights in the name.

The plaintiff and defendants likely have some personal background that isn’t discussed in the Complaint (below). If so, the Answer may shed more light on why the defendant thought it had permission to use the name “My Market.”

Stay tuned for updates.

My Market LLC v. Batth Markets Inc. et al.

Court Case Number: 1:24-cv-01335-MPB-MJD
File Date: August 6, 2024
Plaintiff: My Market LLC
Plaintiff Counsel: C. Christopher Dubes, Amanda C. Delekta of Carson LLP
Defendant: Batth Markets Inc., Chhaterpal Singh
Cause: Federal Trademark Infringement, False Designation of Origin, Trademark Dilution, Federal Unfair Competition, Conversion
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Mark J. Dinsmore

Complaint:

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Both parties in this new Indiana trademark lawsuit manufacture “pull-behind” camper trailers. The plaintiff, Hiker Trailers of Columbus, Indiana, has sold trailers using the HIKER TRAILER brand since 2004.

The defendant, Hyk Outdoors, is a Missouri company that has been selling towable camping trailers since 2020.

The goods seem very similar, and presumably so are the parties’ respective consumers. The parties likely have or will promote their trailers at the same trade shows. Ultimately, it will need to be determined whether the trademarks HIKER and HYK OUTDOORS are confusingly similar. Although no specific instances of confusion are cited, the Complaint (below) alleges an admission of repeated consumer confusion by an employee of the defendant.

Stay tuned for updates.

Hiker Industries, LLC v. Hyk Outdoors LLC

Court Case Number: 1:24-cv-01320-RLY-MJD
File Date: August 5, 2024
Plaintiff: Hiker Industries, LLC
Plaintiff Counsel: James M. Hinshaw, Brad R. Maurer of Dentons Bingham Greenebaum LLP
Defendant: Hyk Outdoors LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin or Sponsorship, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

July 2024 Indiana Intellectual Property Litigation Update

06 Tuesday Aug 2024

Posted by in Intellectual Property

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The last month was quiet in pending Indiana Intellectual Property lawsuits but there were several new cases filed. Read on below for the latest updates in Indiana copyright and trademark litigation.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties continue to figure out attorneys’ fees.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On July 26, Amazon filed another Motion for Sanctions. The Plaintiff has requested an extension of time to respond, which Amazon has opposed.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – No update this month.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – No update this month.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A Discovery Conference was held on August 2, 2024.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – Dismissal papers remain due by August 26, 2024.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –   No update this month.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On July 30, the Plaintiff filed a second Motion to Compel Discovery.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – No update this month.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  No update this month.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – No update this month.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – No update this month.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – Dismissal papers are due by October 10, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On July 25, 2024, the Plaintiff moved for entry of final judgment in their favor. The Defendants did not appear in this lawsuit.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – No update this month.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – Discovery deadlines have been set and Corporate Disclosure Statements have been filed.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – No update this month.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. (SD 4/11/2024) – Summons were issued on August 2, 2024.

Howarth v. My Sauna World LLC (SD (4/29/2024) – Witness and Exhibit Lists have been filed. Initial disclosures have been served.

Peugh et al. v. Nadler et al. (SD 5/3/2024) – Tammy Jo Meyer and Kenneth Allen Ewing have entered an appearance on behalf of the Defendants. The Defendants’ Answer is due by August 8, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – No update this month.

Miller v. Empire News LLC (SD 6/26/2024) – The Defendant has been served but otherwise no update this month.

LifeWise, Inc. v. Parrish (ND 7/2/2024) – The Defendant’s Answer is due by August 26, 2024. A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on for August 28, 2024.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – Kevin J. Mitchell has appeared on behalf of the Defendant and requested additional time to file the Answer.

Hot Girl Walk LLC v. Springer d/b/a Hot Walk Indy (SD 7/15/2024) – The lawsuit was dismissed without prejudice on August 5, 2024.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – No update yet.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – Renee Jennifer Aragona has entered an appearance on behalf of the Plaintiff.

June 2024 Updates – May 2024 Updates

April 2024 Updates – March 2024 Updates – February 2024 Updates – January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates

Fishers Sauna Company sued over Towel Rack Photograph

24 Wednesday Jul 2024

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

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A Fishers, Indiana-based sauna company has been sued for the unauthorized use of a towel rack photograph on their website. Unlike many of these photography copyright lawsuits, the defendant did not immediately settle and has filed its Answer (below). The parties have begun the initial phases of discovery, having already submitted initial disclosures and filed their witness and exhibit lists.

Stay tuned for updates.

Howarth v. My Sauna World LLC

Court Case Number: 1:24-cv-00734-MPB-KMB
File Date: April 29, 2024
Plaintiff: Morgan Howarth
Plaintiff Counsel: Craig Sanders of Sanders Law Group
Defendant: My Sauna World LLC
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Kellie M. Barr

Complaint:

Answer:

Angi (formerly Angie’s List) sued for Copyright Infringement over Instagram Posts

22 Monday Jul 2024

Posted by in Copyright, Indiana, Intellectual Property, Litigation

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The photographs that are the subject of this new Indiana copyright lawsuit were commercially licensed to @caroline.andreon on Instagram for the purpose of display and/or public distribution. Angi (formerly Angie’s List), an Indianapolis-based website providing home contractor information (roofers, plumbers, electricians, etc.), reposted the photographs on its own @Angi Instagram account, crediting the @caroline.andreon account. However, Angi did not seek permission from the actual owner of the photographs, a photographer from Paris, France. In reposting the photographs, Angi allegedly also removed a gutter credit attributing @julien_pepy_photographe as the author of the work, inviting an additional claim of Removal and Alteration of Copyright Management Information.

These photography copyright lawsuits typically settle quickly but sometimes the defendant has a good explanation for their use of the photograph(s). Stay tuned to see which direction this lawsuit will take.

Pepy v. Angie’s Lists, Inc. d/b/a Angi

Court Case Number: 1:24-cv-01209-SEB-MJD
File Date: July 18, 2024
Plaintiff: Julien Pepy
Plaintiff Counsel: Craig B. Sanders of Sanders Law Group
Defendant: Angie’s List, Inc. d/b/a Angi
Cause: Direct Copyright Infringement, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mark J. Dinsmore

Complaint: