Category Archives: Southern District of Indiana

Noble Roman’s sues Ex-Franchisee for Unpaid Royalties, Underreported Sales Figures

09 Wednesday Jun 2021

Posted by in Business Law, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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Noble Roman’s is becoming a regular on this blog. It begs the question, why do they have so many intellectual property problems? Rather than dumping piles of money into back-end enforcement, perhaps they should spend more time on front-end due diligence and avoid many of these problems altogether. Given that most/all of the lawsuits involve ex-franchisees, perhaps Noble Roman’s should re-examine their franchise agreement or franchisee selection process. At least this lawsuit leaves out the ridiculous abandoned theft and conversion claims from their previous complaints.

As with most of their previous lawsuits, Noble Roman’s is suing a prior franchisee for breach of their franchise agreement. Here, the Defendants, with gas station locations in Florida and Georgia, have allegedly not paid the required royalty, underreported sales figures, failed to make available all Noble Roman’s menu items, failed to maintain required business hours, and sold non-Noble Roman’s food offerings.

The Complaint was originally filed in Marion County Superior Circuit Court for Marion County, Indiana but Defendants’ counsel has filed a Notice of Removal to the Southern District of Indiana, Indianapolis Division. Defendants’ counsel is Donald E. Pinaud, Jr. of Jacksonville, Florida.

Stay tuned for updates.

Noble’s Roman’s, Inc. v. AMI Stores Management, Inc. et al.

Case Number: 1:21-cv-01539-RLY-TAB
File Date: Sunday, June 6, 2021
Plaintiff: Noble Roman’s, Inc.
Plaintiff Counsel: Jaime L. Meyer, Jeffrey D. Roberts of Hollingsworth Roberts Means LLC
Defendant: AMI Stores Management, Inc., AMI 57 LLC d/b/a AMI 70 Food Mart, AMI 63 LLC d/b/a AMI 63 Food Mart
Cause: Breach of Franchise Agreement, Trademark Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Tim A. Baker

Complaint:

Family-owned Hardware Store in Corydon, Indiana sued by Sears Hometown for Unfair Competition and Tortious Interference

08 Tuesday Jun 2021

Posted by in Branding, Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Dress

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The Plaintiff in this lawsuit is Sears Authorized Hometown Stores, LLC (“SAHS”), the licensor of Sears Hometown stores, which offer SAHS’s merchandise, such as major home appliances, for sale to the public on consignment from SAHS. For over 25 years, SAHS licensed a Sears Hometown store in Corydon, Indiana through dealership agreements with a series of independent dealers.

The Defendants are accused of using “their personal relationships with SAHS’s former dealer to block SAHS’s access to the market and open their own store, “Schneider’s Hometown,” at the same location as the former Sears Hometown store. Defendants are now unfairly trading off SAHS’s name and goodwill in the Corydon market.”

The Complaint (below) details the history between the original Corydon SAHS store and the Defendants, including the actions of the Defendants in abandoning their own dealer agreement.

The Defendants are also accused of using a sign designed to be confusingly similar to the sign used to designate a Sears Hometown store, including using the same font and color scheme. The interior of the Defendants’ store allegedly uses the same trade dress and fixtures used in SAHS’s branding programs, including, but not limited to, the paint colors and trim and vinyl plank wood flooring. The Defendants also continue to use the same phone number from the SAHS store.

Stay tuned for updates.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al.

Case Number: 4:21-cv-00091-JMS-DML
File Date: Friday, June 4, 2021
Plaintiff: Sears Authorized Hometown Stores, LLC
Plaintiff Counsel: Michael W. Oyler of Furman Nilsen & Oyler, PLLC, Fredric A. Cohen, Allison R. Grow, Charles J. Hoover of Cheng Cohen LLC
Defendant: Lynn Retail, Inc., Jerry Schneider, Laura Schneider
Cause: Unfair Competition, Tortious Interference with Contract, Tortious Interference with Prospective Economic Advantage
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Debra McVicker Lynch

Complaint:

Energy Drink Company Sues Automotive Repair Company for Trademark Infringement

24 Monday May 2021

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

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Evansville, Indiana-based Full Throttle Automotive, an auto repair shop, is being sued for trademark infringement by Energy Beverages, producer of Full Throttle energy drinks. The Complaint (below) highlights Energy Beverages’ long history of advertising in auto racing, including being the title sponsor of the National Hot Rod Association’s primary drag racing event.

The auto repair shop has also sponsored vehicles in motorsport events. Energy Beverages sent a cease-and-desist letter in October 2020, but Full Throttle Automotive has refused to discontinue use of its trademark.

Stay tuned for the Answer in the next few weeks, when we’ll likely find out how long Full Throttle Automotive has been using their “Full Throttle” name. They posted their current name and logo on Facebook back in 2014, and it’s likely they were using their name even before that, so they may have a strong acquiescence or laches defense based on many years of inaction from Energy Beverages.

A possible outcome could be a compromise whereby Full Throttle Automotive agrees not to sponsor NHRA events, presumably the most likely source of consumer confusion.

Energy Beverages LLC v. Full Throttle Automotive LLC

Case Number: 3:21-cv-00081-RLY-MPB
File Date: Wednesday, May 19, 2021
Plaintiff: Energy Beverages LLC
Plaintiff Counsel: James W. Riley, Jr., Jaclyn M. Flint of Riley Bennett Egloff LLP
Defendant: Full Throttle Automotive LLC
Cause: Trademark Infringement, Trade Dress Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint:

Mid-May Indiana Intellectual Property Litigation Update

17 Monday May 2021

Posted by in Business Law, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trade Secret, Trademark

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It’s been a slow month for new intellectual property lawsuits in Indiana, with just one filed since mid-April. However, several of the existing lawsuits are heating up, with numerous counterclaims being filed, including one alleging abusive litigation practices.

Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – A Notice of Voluntary Dismissal was filed on April 30, 2021 and the lawsuit was dismissed on May 4, 2021.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On April 30, 2021, the Defendants filed an Answer and a Counterclaim for Abuse of Process, accusing Noble Roman’s and two Counterclaim Defendants of abusive litigation practices.

On May 14, 2021, the Counterclaim Defendants filed their Answer to the Counterclaim for Abuse of Process. The Counterclaim Defendants are represented by Jaime L. Meyer, Jeffrey D. Roberts, and Randy M. Fisher of Hollingsworth Roberts Means LLC.

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – An Amended Complaint was filed on April 23, 2021, adding an additional Plaintiff, TC Heartland LLC.

Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – A Notice of Voluntary Dismissal was filed on May 7, 2021 and the lawsuit was dismissed on May 10, 2021.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – Between April 21, 2021 to April 28, 2021, each of the Defendants filed a similar Motion to Dismiss for several counts of the Complaint, including the counts most interesting to intellectual property practitioners, False Designation of Origin and Unfair Competition, Civil Conspiracy, and Common Law Unfair Competition.

On April 28, 2021, Defendants Grit Technologies and Jarman also filed their Answer, Counterclaim and Third-Party Complaint. The Counterclaim and Third-Party Complaint includes claims of Tortious Interference with a Contract, Defamation, Violation of Section 43(a) of the Lanham Act, Common Law Unfair Competition. These Defendants are represented by Wendy D. Brewer and Laura M. Brymer of Fultz Maddox Dickens PLC, with admission pending for Jeffrey L. Widman and Laura Caplin of Fox Rothschild LLP.

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet.

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – No update yet.

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – The Defendant’s owner has mailed a letter to the Court advising them that he is in the process of changing his company name. This isn’t an actual Answer but it might be enough for Plaintiff to seek redress outside of the Court system. Presumably, Plaintiff’s counsel will be seeking assurances that the letter’s claims are true and we’ll have to wait to see whether they continue to pursue additional remedies.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – The Defendant has not responded to the Amended Complaint and Delta Faucet Company filed a Request for Entry of Default on April 29, 2021.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – Defendants’ counsel have filed their Appearances and submitted a Notice of Extension of Time until June 3, 2021 to answer the Complaint.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – No update yet.

Mid-April Indiana Intellectual Property Litigation Update

15 Thursday Apr 2021

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

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Just a few updates of note since mid-March in Indiana trademark and copyright lawsuits. Next month should see more filings in the current lawsuits as defendants start to make appearances.

Midcontinent Independent System Operator, Inc. v. Sullivan (SD, 1/18/2021) – The parties have settled and a Consent Judgment was entered on April 7, 2021. The Defendant has agreed to stop using the Plaintiff’s trademarks, with each party to bear its own costs and attorneys’ fees.

Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – No update since the Notice on Settlement on March 10, 2021.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The Plaintiff filed an Amended Complaint on April 2, 2021.

The Amended Complaint has dropped the claims of Conversion and Theft, retaining just the claims of Breach of Franchise Agreement and Trademark Infringement. As a result, the Defendants’ Motion to Dismiss filed on March 8 was denied without prejudice as moot.

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – No update yet.

Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – No update yet.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – The Defendants’ counsel filed an appearance on April 6, 2021 and filed a 14-day Notice of Initial Extension of Time. As such, the new response deadline is April 21, 2021.

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet.

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – No update yet.

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – No update yet.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – On March 30, 2021, Delta Faucet Company filed an Amended Complaint.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – No update yet.