Category Archives: Northern District of Indiana

Mid-February 2022 Indiana Intellectual Property Litigation Update

15 Tuesday Feb 2022

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

≈ Leave a comment

Tags

A very quiet month, with few updates and no interesting documents to share. A few lawsuits ended with a whimper and most had no action whatsoever. We’ll see if Intellectual Property litigators get back to business now that the snow is melting in Indiana.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – A final pretrial conference is scheduled for April 27, 2023 and a jury trial will commence on May 15, 2023.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, 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.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – 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. 

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties’ deadline to amend pleadings or join additional parties has been extended to February 23, 2022. 

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties are still in the process of selecting a mediator, with Defendant striking no later than February 15, 2022, and the Plaintiff striking no later than March 1, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The parties held an initial pretrial conference on January 24, 2022. A telephone status conference is schedule on April 25, 2022.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – A Notice of Voluntary Dismissal was filed on February 14, 2022.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – The Defendant filed an Answer on January 20, 2022. On February 8, the Court reported notice of a settlement and the Plaintiff was given thirty days to file a motion to dismiss.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update yet.

AWGI LLC et al. v. Doe (SD, filed 1/7/2022) – No update yet. 

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – Vive was served with the Complaint on February 9, 2022. No other updates.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The lawsuit was transferred to the Fort Wayne Division on January 28, 2022. No other updates.

Reid v. Stephenson (SD, filed 1/27/2022) – The Complaint was served on a Nolan Cooney on February 2, 2022.

January 2022 Updates

December 2021 Updates

Ligonier Perfumery sues Amazon over Persistent Counterfeiting

21 Friday Jan 2022

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

≈ Leave a comment

Tags

, , , ,

Update 1/28/22: The case has been transferred to the Fort Wayne division and assigned a new case number.

The Plaintiffs in this trademark lawsuit are a “seventy year old grandmother” and her corporation, Annie Oakley Enterprises, Inc, a Ligonier, Indiana-based company which manufactures and sells health and beauty products like perfumes, essential oils, and lotions (“Annie Oakley”).

Along with 50 John Does selling counterfeit products on the Amazon online marketplace, Annie Oakley is suing Amazon for trademark infringement, false designation, and unfair competition. Amazon is apparently the first and only U.S. company on the U.S. Trade Representative’s “Notorious Market List,” a list of the worst online markets based on counterfeit product sales, copyright piracy, and trademark infringement.

The Complaint (below) details a long history of Annie Oakley attempting to deal with counterfeit products sold on Amazon, with little or no recourse from Amazon. The inferior counterfeit products have resulted in numerous consumer complaints from customers not aware they were buying counterfeits.

This David v. Goliath story will be interesting to follow. Can a small-town Indiana grandmother force the world’s most valuable public company to seriously address recurring intellectual property violations? Or will Amazon simply see a lawsuit like this as a “cost of doing business” and continue to allow counterfeits in their marketplace? Stay tuned for updates.

Gabet et al. v. Amazon.com, Inc. et al.

Case Number: 1:22-cv-00035-HAB-SLC
File Date: January 20, 2022
Plaintiff: Renee Gabet, Annie Oakley Enterprises, Inc.
Plaintiff Counsel: Paul B. Overhauser of Overhauser Law Offices, LLC
Defendant: Amazon.com, Inc., John Does 1-50
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Mid-January 2022 Indiana Intellectual Property Litigation Update

14 Friday Jan 2022

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

≈ Leave a comment

Tags

Happy New Year. The last month was quiet for trademark and copyright litigation in Indiana, with only two new filings and numerous deadline extensions. However, there were a few interesting filings in ongoing cases. Noble Roman’s has filed a lengthy Response and Reply. Delta continues to pursue a Default Judgment against an online counterfeiter that continues to operate. The Triple LLL trademark lawsuit was settled with a Consent Judgment. Read on below and stay tuned for updates.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On January 6, 2022, Noble Roman’s filed its Response in Opposition to Cross-Motion for Summary Judgment and Reply in Support of Summary Judgment on Abuse of Process Counterclaim.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – On December 14, 2021, Delta submitted a Status Update regarding their Motion for Default Judgment. There is still no ruling.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – The parties filed a Consent Judgment on December 17, 2021 and the lawsuit was dismissed on December 21, 2021.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadline has been extended via joint motion until March 18, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The parties’ discovery deadlines have been extended via motion.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – 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.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The Plaintiffs’ discovery deadline has been extended to February 9, 2022.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties now have a deadline of January 31, 2022 to name a mediator.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – Notice of settlement was filed by the Court and the parties have until July 1, 2022 to file dismissal documents.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants filed an Answer on January 3, 2022. Defendants are represented by J. Richard Moore of Bleeke Dillon Crandall, P.C.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update this month.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – An Initial Pretrial Conference is scheduled on February 8, 2022.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update yet.

AWGI LLC et al. v. Doe (SD, filed 1/7/2022) – No update yet.

December 2021 Updates

Mid-December 2021 Indiana Intellectual Property Litigation Update

15 Wednesday Dec 2021

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

≈ Leave a comment

Tags

IP litigators must have started celebrating the holidays early, as it’s been a very quiet month for intellectual property lawsuits in Indiana. Only one new lawsuit was filed, a copyright case involving a single photograph used by Chicks on the Right in an online news article back in 2019. We did get some big news yesterday that Methodist Sports Medicine has decided to change its name to Forté Sports Medicine and Orthopedics, yet we’ll have to wait to see how the name change will impact the pending lawsuit.

Many cases just received time extensions, saving their fight for the new year.

Happy holidays from the Indiana Intellectual Property Blog. See you in January for next month’s updates.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The filing deadline for outstanding filings has been extended from December 9, 2021 to January 6, 2022.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – After two short extensions, dismissal papers are now due by December 17, 2021.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – A Protective Order was entered on December 9, 2021.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – On December 2, 2021, the parties filed a joint motion to extend Court-ordered pretrial deadlines. The motion was denied without prejudice because the motion failed to show good cause for the extension.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The Scheduling Order was amended to extend discovery deadlines.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On November 19, 2021, the Plaintiffs filed a Motion to Enforce Judgment seeking transfer of internet domains and social media accounts.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On December 8, 2021, the Defendants filed a motion requesting until January 11, 2022 to respond to Plaintiff’s Discovery Request.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – An Amended Complaint was filed on December 9, 2021 and the Answer to Amended Complaint was filed on December 12, 2021.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – Attorney Kelly V. Milam filed an appearance on behalf of defendant ooShirts, Inc. on November 23, 2021.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants’ attorneys filed appearances on December 8, 2021.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update yet.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – No update yet.

November 2021 Updates

October 2021 Updates

September 2021 Updates

August 2021 Updates

July 2021 Updates

June 2021 Updates

May 2021 Updates

April 2021 Updates

Mid-November 2021 Indiana Intellectual Property Litigation Update

15 Monday Nov 2021

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

≈ Leave a comment

Well that month flew by! There was just one new lawsuit filed, a big battle between IU Health and Methodist Sports Medicine over use of the “Methodist” name. It was a quiet month in pending lawsuits as well, with just a few noteworthy updates. Compromise must have been in the air last month, as the status update for many pending cases is voluntary dismissal. There’s still no response from Dave Chappelle to his accuser, not that one is expected any time soon.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On November 11, 2021, the “Gateway” defendants filed a Cross-Motion for Summary Judgment and response to the Noble Roman’s Motion for Summary Judgment.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month. 

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – The parties have settled and dismissal papers are due by November 19, 2021.

Energy Beverages LLC v. Full Throttle Automotive LLC (SD, filed 5/19/2021) – The lawsuit was dismissed on September 20, 2021.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – A Preliminary Pretrial Conference is scheduled for November 15, 2021.

Gatewood v. Webber Chappelle (ND, filed 6/4/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – A status conference was held on October 29, 2021 and a telephone status conference is schedule for February 23, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The parties filed a Joint Motion for a Protective Order on November 2, 2021. A final pretrial conference has been scheduled On October 12, 2023, with jury trial schedule on October 23, 2023.

Valqari LLC v. Dronedek Corporation et al. (SD, filed 6/16/2021) – A Stipulation of Dismissal was filed on October 27, 2021 and the case was dismissed the following day.

Fitzgerald et al. v. Murray et al. (SD, filed 6/18/2021) – On November 7, 2021, the Defendant Murray filed a Motion for Reconsideration of the Court’s October 20, 2021 Order.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The deadline for parties to exchange pre-discovery disclosures was extended to November 3, 2021. No other updates.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – No update this month.

Haehl v. Dr. Brite, LLC (SD, filed 7/21/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – The Defendant failed to appear for another telephonic hearing on November 12, 2021. No further rulings yet by the Court.

Berman v. Auralex Acoustics, Inc. (SD, filed 7/22/2021) – The lawsuit was dismissed on October 18, 2021.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – A Second Amended Complaint was filed on October 25, 2021 and the Defendants filed their Answer and Affirmative Defenses on November 10, 2021.

Bubbles Ice Cream Parlor & Pie Shoppe, Inc. v. Scoops & Sweet Bubbles, LLC (ND, filed 8/25/2021) – A Notice of Voluntary Dismissal was filed on November 5, 2021 and the lawsuit was dismissed on November 8, 2021. The Plaintiff did file an Amended Complaint on November 3, 2021, but apparently the parties settled immediately thereafter.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The Pretrial Conference was held on November 3, 2021. A Scheduling Order has been issued by the Court.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update yet.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update yet.

October 2021 Updates

September 2021 Updates

August 2021 Updates

July 2021 Updates

June 2021 Updates

May 2021 Updates

April 2021 Updates