As usual, there was not much action over the holiday period in Indiana copyright and trademark lawsuits. The big surprise of the last month was a Notice of Settlement filed in the Omi in a Hellcat “Reloaded” lawsuit on December 23, 2022. Terms of settlement have not been made public and we’re still awaiting the dismissal documents, but it seems to have come rather abruptly considering recent filings.
The next few months should be busier as new judges take over existing lawsuits. Stay tuned for updates.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – Plaintiff’s deadline to serve final witness and exhibit lists has been extended to January 20, 2023.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – Noble Roman’s filed a Motion for Summary Judgment on December 21, 2022.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties filed a Joint Status Report with several updates.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The Defendants filed an Answer on January 11, 2023, after receiving leave to file after their deadline. The parties held a status conference with the Court on January 12, 2023 and another is scheduled on February 8, 2023.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month.
Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – A default judgment was entered on December 15, 2022. In total, the Plaintiff was awarded $42,000.48.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A settlement conference is scheduled for August 31, 2023.
Reid v. Stephenson (SD, filed 1/27/2022) – A telephonic status conference was scheduled for January 24, 2023 but the case was subsequently assigned to Magistrate Judge M. Kendra Klump. The new case number is 1:22-cv-00205-JRS-MKK.
NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – A joint Notice of Settlement was filed on December 23, 2022. The plaintiff was given 30 days to file dismissal documents.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – A video motion hearing is scheduled for February 10, 2023, to discuss Defendant Bartel’s pending motions.
PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – The Court entered a Uniform Stipulated Protective Order on December 19, 2022. No other updates.
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) – A telephonic status conference was held on January 9, 2023. A settlement conference will be schedule by separate order.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – Plaintiff has been authorized to file a motion to compel Defendants’ tax returns. A telephonic status conference is set for February 3, 2023.
Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – On December 7, 2022, a Clerk’s Entry of Default was entered against Defendants Christine Harris, Dameion Harris, and Honest Abe Roofing of Macon Georgia, LLC. On January 11, 2023, the Motion for Clerk’s Entry of Default against Defendant DCH & Associates, LLC was denied for lack of proper service.
Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – No update this month.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On December 27, 2022, the Plaintiff filed its Response to Defendant Reed’s Motion to Dismiss for Lack of Jurisdiction.
After receiving an extension of time, Defendant Reed’s Reply was filed on January 10, 2023.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On January 13, 2023, Defendant Bowman filed a Motion to Dismiss for Lack of Venue.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – No update yet.
December 2022 Updates – December 2021 Updates