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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Southern District of Indiana

January 2023 Indiana Intellectual Property Litigation Update

17 Tuesday Jan 2023

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

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Litigation Update

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.

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Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties filed a Joint Status Report with several updates.

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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.

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After receiving an extension of time, Defendant Reed’s Reply was filed on January 10, 2023.

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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.

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

December 2022 Updates –  December 2021 Updates

Fireworks involved in first Indiana Trademark Lawsuit of 2023

10 Tuesday Jan 2023

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Dress, Trademark

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False Designation of Origin, Federal Trademark Infringement, Mario Garcia, Misappropriation, Tanya Walton Pratt, Trade Dress Infringement

Happy New Year! It didn’t take long to get the first Indiana trademark (and trade dress) lawsuit of 2023, and in continuation of the festive celebrations, it involves fireworks.

The Defendants are alleged to be selling fireworks that infringe the Plaintiff’s registered TIKI, GHOST, and XL trademarks, as well as a “Tiki Trade Dress”.

The parties seem to be all major players in the fireworks industry, so they likely have some history. The Plaintiff has registered trademarks and it seems that the Defendants introduced new competing products utilizing similar marks after the registration date. As always, the Defendants’ Answer may tell another side of the story so stay tuned for updates.

1.4G Holdings, LLC v. North Central Industries, Inc. et al.

Court Case Number: 1:23-cv-00037-TWP-MG
File Date: January 5, 2023
Plaintiff: 1.4G Holdings, LLC
Plaintiff Counsel: Philip R. Zimmerly of Bose McKinney & Evans LLP
Defendants: North Central Industries, Inc., Great Grizzly, Inc., R.Brown, Inc.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Misappropriation
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mario Garcia

Complaint:

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December 2022 Indiana Intellectual Property Litigation Update

15 Thursday Dec 2022

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

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Litigation Update

There were no new trademark or copyright lawsuits filed in Indiana in the last month. However, there were some interesting developments in existing cases. A Florida husband/wife marketing team never appeared and received a judgment against them for $159,000. Youtube Celebrity Omi in a Hellcat filed an Amended Counterclaims further asserting his ownership of the RELOADED brand and momentarily rendering moot a Motion to Dismiss. Puma has filed its answer to Brooks’ counterclaims, setting up an epic shoe design battle that could last all of next year. The Court in The Center for Gestalt Development lawsuit is currently deliberating on a fully-briefed Motion to Stay of Proceedings and to Require Plaintiff to Pay Defendant’s Costs of Previously Dismissed Suit. Read on below for details on all pending lawsuits.

Happy holidays to everyone. See you in January for all the latest Indiana Intellectual Property Litigation Updates.

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.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month. 

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – Deadlines in the Scheduling Order have been continued via motion.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – An Amended Complaint was filed on November 29, 2022. On December 14, 2022, the parties filed a Joint Status Report hinting at an impending discovery dispute.

View this document on Scribd

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) –  The parties have filed their Witness and Exhibit Lists.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) –  A Motion for Default Judgment was filed by the Plaintiff on November 21, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The case has been assigned to Mark J. Dinsmore. The new case number is 1:22-cv-02246-JPH-MJD.

Reid v. Stephenson (SD, filed 1/27/2022) – The case has been assigned to Mark J. Dinsmore. The new case number is 1:22-cv-00205-JRS-MJD.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Plaintiff filed its Answer to Counterclaims on November 22, 2022. The Defendants then filed an Amended Answer to Complaint on December 7, 2022. The Plaintiff has until December 23, 2022 to reply to the Amended Counterclaims.

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Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On December 8, final judgment was entered and the Plaintiff was awarded $150,000 in statutory damages, reasonable attorneys’ fees in the amount of $7,714.22 and reasonable costs in the amount of $2,007.52.

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

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Puma filed its Answer to Counterclaims on November 23, 2022.

View this document on Scribd

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) – Trial has been set for March 11, 2024 (Yes, that’s 2024. “The wheels of justice grind slow but grind fine.” – Sun Tzu).

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – A telephonic status conference is scheduled for January 6, 2023.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – The plaintiff filed a Motion for Clerk’s Entry of Default on December 6, 2022.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The Court entered a Scheduling Order on December 6, 2022.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On December 5, 2022, Defendant filed a Motion to Dismiss for Lack of Jurisdiction.

View this document on Scribd

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On November 29, 2022, the case was reassigned to Judge Richard L. Young and Magistrate Tim A. Baker. The new case number is 1:22-cv-02185-RLY-TAB. The Court has yet to rule on the Defendant’s fully-briefed Motion to Stay of Proceedings and to Require Plaintiff to Pay Defendant’s Costs of Previously Dismissed Suit.

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View this document on Scribd

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November 2022 Updates – October 2022 Updates – September 2022 Updates – August 2022 Updates – July 2022 Updates

June 2022 Updates – May 2022 Updates – April 2022 Updates – March 2022 Updates

February 2022 Updates– January 2022 Updates – December 2021 Updates

Pro Se Copyright (?) Complaint filed against OnStar General Motors – U.K.

07 Monday Nov 2022

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

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James Patrick Hanlon, Mario Garcia

Pro se complaints are often a bit unusual, typically foregoing many of the requisite formalities of a proper federal lawsuit initiating document, but this case will certainly require an Amended Complaint. I’ll leave it to the blog readers to decipher what could be a complaint for copyright infringement of a work uniform and hats. The Complaint (below) doesn’t elaborate on how the defendants, OnStar General Motors – U.K. and Terri Harris (apparently a Support Assistant at the Library of Congress), are involved.

I wonder if this was meant to be a copyright application. However, the first page at least is styled like a Complaint and it was mailed to the Southern District of Indiana, so we’ll have to wait and see. Stay tuned for updates.

Mickles v. OnStar General Motors – U.K.

Court Case Number: 2:22-cv-00496-JPH-MG
File Date: November 4, 2022
Plaintiff: Terrell Mickles, Canietra Brown, Andrea Shoots, Carlette Mitchell
Plaintiff Counsel: Pro Se
Defendants: OnStar General Motor – U.K., Terri Harris @ Library of Congress
Cause: Copyright Infringement (?)
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mario Garcia

Complaint:

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Evansville Software Company sues Ex-Developers and their New Employer over Stolen Software Code

01 Tuesday Nov 2022

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

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Breach of Contract, Breach of Fiduciary Duty, Common Law Unfair Competition, Copyright Infringement, Declaratory Judgment, False Advertising, False Designation of Origin, False Representation, Federal Unfair Competition, Matthew P. Brookman, Reverse Passing Off, Richard L. Young, Tortious Interference

The plaintiff in this lawsuit, MaddenCo, Inc., is an Evansville, Indiana-based software developer. Specifically, they develop software systems for independent tire dealers and truck stop service centers.

The defendants include two ex-employees of the plaintiff, a software development manager and software developer, who have allegedly developed infringing software code for a competing Louisiana company (also a named defendant) in violation of contractual obligations and fiduciary duties. The plaintiff’s software code has been registered with the U.S. Copyright Office.

Stay tuned for updates.

MaddenCo Inc. v. Reed et al.

Court Case Number: 3:22-cv-173
File Date: October 31, 2022
Plaintiff: MaddenCo Inc.
Plaintiff Counsel: Michael T. McNally of Delk McNally LLP
Defendants: James Reed, Dru Darby, HG AutoTech LLC
Cause: Breach of Contract, Breach of Fiduciary Duty, Tortious Interference, Copyright Infringement, False Advertising, False Representation, False Designation of Origin, Reverse Passing Off, Federal Unfair Competition, Common Law Unfair Competition, Declaratory Judgment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

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