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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

Hot Girl Walk v. Hot Walk Indy…are you confused?

17 Wednesday Jul 2024

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

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Business Disparagement, Common Law Trademark Infringement, Common Law Unfair Competition, Defamation, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Jane E. Magnus-Stinson, Tim A. Baker, Tortious Interference with Business Relationship

An Indianapolis-based inclusive walking group is being sued for trademark infringement by the national walking group which had inspired its original name. The plaintiff operates a national women’s walking group called Hot Girl Walk, a name inspired by Megan Thee Stallion’s song “Hot Girl Summer.” The group promotes walking events for women across the country and has some significant sponsorships. In 2019, the defendant started a walking group called Hot Girl Walk Indy, which was later shortened to Hot Walk Indy. If this was the extent of the conflict, I suspect a federal lawsuit might never have been filed. However, while the trademark infringement claims in the Complaint (below) are the focus of this IP blog, the plaintiff was likely more concerned about an alleged series of defamatory statements, doxing, and aggressive bullying, all detailed in the Complaint. Standing alone, Hot Walk Indy might not cause a conflict with Hot Girl Walk, but when it’s combined with a group campaign of actively seeking to undermine the Hot Girl Walk brand, it puts a plaintiff in a position where they have to file a lawsuit.

It’s difficult to see how keeping the name of a relatively new local walking group would be worth the cost of defending a federal lawsuit, but perhaps the defense funds can be crowdfunded among the group. Considering the other activities detailed in the Complaint, the defendant may already be in too deep despite what name they use and the other group members may stay away for fear of being named as additional defendants.

Stay tuned for updates.

Hot Girl Walk LLC v. Springer d/b/a Hot Walk Indy

Court Case Number: 1:24-cv-01187-JMS-TAB
File Date: July 15, 2024
Plaintiff: Hot Girl Walk LLC
Plaintiff Counsel: Joseph R. Delehanty of Dickinson Wright PLLC
Defendant: Casey Springer d/b/a Hot Walk Indy
Cause: Tortious Interference with Business Relationship, Defamation, Business Disparagement, Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Jane E. Magnus-Stinson
Referred To: Tim A. Baker

Complaint:

View this document on Scribd

Copyright Lawsuit filed against Indiana Conservative News Site over New York Migrant Hotel Photo

05 Friday Jul 2024

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

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Direct Copyright Infringement, Kellie M. Barr, Photography, Removal and Alteration of Copyright Management Information, Sarah Evans Barker

Here is yet another copyright lawsuit over the unauthorized use of a photograph. The plaintiff is a New York-based photographer and the defendant is a conservative news site based in Clark County, Indiana. The photograph was of a group of migrants being kicked out of the Watson Hotel in New York City.

Stay tuned to see whether the conservative site decides to pay an attorney and assert a fair use defense or simply settle the lawsuit by paying a license fee.

Miller v. Empire News LLC

Court Case Number: 4:24-cv-00091-SEB-KMB
File Date: June 26, 2024
Plaintiff: William Miller
Plaintiff Counsel: Renee Aragona of Sanders Law Group
Defendant: Empire News LLC
Cause: Direct Copyright Infringement, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Kellie M. Barr

Complaint: 

View this document on Scribd

June 2024 Indiana Intellectual Property Litigation Update

30 Sunday Jun 2024

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

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It was a mostly quiet month in Indiana Intellectual Property ligation, with just one new lawsuit filed over unauthorized animal supplement sales on Amazon. Read on below for updates on all pending trademark and copyright lawsuits in Indiana. Have a great July.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Supplement to the Plaintiff’s Motion for Attorney fees was filed on June 21, 2024.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – William A. Ramsey has entered an appearance on behalf of the plaintiffs. A Zoom Status Conference was held on June 24, 2024 and a Telephonic Status Conference is scheduled for July 19, 2024.

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

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month. The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024.

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) – No update this month.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – The case has been reassigned to Magistrate Judge Abizer Zanzi and a Telephonic Status Conference is scheduled for July 16, 2024.

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

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  The lawsuit was dismissed on June 18, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – As of June 4, 2024, a Motion to Compel Discovery was fully-briefed and is now awaiting the Court’s ruling.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Status Conference was held with the Magistrate Judge on June 27, 2024. A Settlement Conference is scheduled for September 23, 2024.

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) – On June 26, 2024, the plaintiffs filed a Motion for Attorney Fees For An Order Allowing Law Enforcement To Enter Defendants’ Premises to Remove Signage and Motion to Award Attorneys’ Fees.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – James Blake Hike has entered an appearance on behalf of the defendant. The parties have resolved a discovery dispute regarding an insurance policy.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – The lawsuit has settled. Dismissal papers are due by August 1, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – Clerk’s Entry of Default was entered on May 29, 2024. A Motion for Entry of Final Judgment was filed by the plaintiffs on June 28, 2024.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – A Telephonic Settlement Conference was held on June 12, 2024, but no settlement was reached.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – Michael D. Martson has entered an appearance on behalf of the plaintiff. A Rule 16 Preliminary Pretrial Conference is scheduled for July 26, 2024.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – An Answer was due by June 26, 2024, but nothing has been filed. On June 12, 2024, the lawsuit was reassigned to Magistrate Judge Abizer Zanzi.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. (SD 4/11/2024) – No update this month.

Peugh et al. v. Nadler et al. (SD 5/3/2024) – Charles J. Maiers and Scott Ernest Andres have entered an appearance on behalf of the defendants.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – Uly Samuel Gunn and Jason Demian Rosenberg have entered an appearance on behalf of the plaintiffs.

May 2024 Updates

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

December 2023 Updates – December 2022 Updates –  December 2021 Updates

Indianapolis Company sued for sale of Unauthorized Animal Health Supplements on Amazon

25 Tuesday Jun 2024

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

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Tags

Federal False Description, Federal False Designation of Origin, Federal Trademark Infringement, Indiana Common Law Tortious Interference with a Contract, M. Kendra Klump, Sarah Evans Barker

Nutramax Laboratories (“Nutramax”) produces health supplements for companion animals. In February 2024, Nutramax filed a trademark lawsuit against a Fort Wayne company for the sale of unauthorized animal health supplements on Amazon. Nutramax is now back in the Southern District in Indiana pursuing an Indianapolis company for similar violations.

It must feel like whack-a-mole for the plaintiff’s counsel, as unauthorized resellers can disappear just as fast as they appear. Nutramax has no option but to go through this legal process in order to get Amazon to take action and remove the unauthorized sales. In the context of health supplements for animals, potentially leading to illness or death if unsafe, this plaintiff simply can’t sit back and take no action when it sees counterfeit or unauthorized sales.

Stay tuned for updates on this case and look out for the June Indiana Intellectual Property Litigation Update in the next few days for the latest on the February lawsuit (and all other pending Indiana IP cases).

Nutramax Laboratories, Inc. et al v. Abumyyaleh Bros LLC et al

Court Case Number: 1:24-cv-01047-SEB-MKK
File Date: June 20, 2024
Plaintiff: Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences Inc.
Plaintiff Counsel: Blake P. Holler of Krieg Default LLP
Defendant: Abumayyaleh Bros LLC, Mohammad Abumayyaleh
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Description, Indiana Common Law Tortious Interference with a Contract
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: M. Kendra Klump

Complaint:

View this document on Scribd

May 2024 Indiana Intellectual Property Litigation Update

15 Wednesday May 2024

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

May in Indy! While most people are spending their time at the racetrack, Indiana IP litigators are still hard at work. There were numerous settlements in the last month, perhaps because the parties realized they would rather be at the track than in court. Read on below for updates on all pending Indiana trademark and copyright litigation.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – Now post-judgment, the parties are busy figuring out how much the attorneys should be paid.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – There were over 2 dozen filings since last month, so if you’re following this case closely, you’ll want to go check out PACER.

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

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month. The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024.

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) – No update this month. 

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) –  The lawsuit was dismissed on May 7, 2024.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update this month.

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

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  On April 17, 2024, the parties filed a Joint Notice of Settlement. Dismissal papers must be filed by May 30, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On May 14, 2024, the Plaintiff filed a Motion to Compel Discovery and accompanying Brief in Support.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Telephonic Discovery Conference is scheduled on May 22, 2024. Position statements are due by May 16, 2024.

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

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  The lawsuit was voluntarily dismissed on May 9, 2024.

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) – The Defendant’s deadline to file a Reply to its Motion to Dismiss has been extended to May 16, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Tentative Notice of Settlement was filed by the Plaintiff on May 9, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On April 23, 2024, the Plaintiff filed Notice of Defendant’s Failure to Show Cause. On May 7, 2024, the Magistrate Judge recommended that the Plaintiff’s Motion for Preliminary Injunction be granted and entry of a default judgment.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – The Defendant filed its Answer on April 19, 2024, including the following affirmative defenses:

  1. Plaintiff has failed to state a claim upon which relief can be granted.
  2. Plaintiff has not been damaged as a result of Defendant’s alleged conduct.
  3. Defendant’s alleged conduct was fair use under 17 U.S.C. § 107.
  4. Defendant’s alleged conduct was authorized by or through Plaintiff or its
    licensees or agents, such as the New York Post, through distribution of the accused image on websites, news services, and/or social media accounts subject to terms permitting reuse and/or redistribution.
  5. Defendant’s alleged conduct was de minimis and therefore not actionable.
View this document on Scribd

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – The Defendant filed its Answer on April 22, 2024.

View this document on Scribd

Rigsby v. All Seasons Roofing (ND 3/14/2024) – An Amended Complaint was filed on May 3, 2024.

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goes Marketing Company (ND 3/29/2024) – The lawsuit was dismissed on May 9, 2024 via a Notice of Voluntary Dismissal.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. (SD 4/11/2024) –

Peugh et al. v. Nadler et al. (SD 5/3/2024) – No update yet.

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

December 2023 Updates – December 2022 Updates –  December 2021 Updates

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