Category Archives: Southern District of Indiana

Atlas Van Lines sues Atlas Mover Group for Trademark Infringement, Unfair Competition

18 Thursday Jul 2024

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

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Atlas Van Lines of Evansville, Indiana, has been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries.

A pair of Georgia companies have apparently begun offering moving services under the fictitious business name “Atlas Mover Group,” allegedly constituting trademark infringement and unfair competition.

A cease-and-desist letter was sent to the Georgia companies in February and Atlas Van Lines now seeks court intervention in the Southern District of Indiana.

Stay tuned for updates.

AWGI, LLC et al. v. Atlas Mover Group LLC et al.

Court Case Number: 3:24-cv-00116-MPB-CSW
File Date: July 15, 2024
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha, Esq. of Widerman Malek, PL
Defendant: Atlas Mover Group LLC, United Best Moving LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition, Violation of the Federal Anticybersquatting Consumer Protection Act
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Crystal S. Wildeman

Complaint:

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

17 Wednesday Jul 2024

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

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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:

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

05 Friday Jul 2024

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

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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: 

June 2024 Indiana Intellectual Property Litigation Update

30 Sunday Jun 2024

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

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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: