Category Archives: Southern District of Indiana

June 2023 Indiana Intellectual Property Litigation Update

15 Thursday Jun 2023

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

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Summer is almost here and several Indiana IP lawsuits are starting to heat up. Here are some of the most interesting updates from the previous month:

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.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On May 18, 2023, the Plaintiff filed its Reply Brief in Support of Partial Motion for Summary Judgment.

Fans of discovery disputes may want to follow this lawsuit more closely going forward. On May 18, the Plaintiff also filed its Response to Defendant’s Additional Statement of Material Facts.

On May 31, 2023, the Plaintiff filed a Motion to Exclude Testimony and Opinions of the Defendant’s expert witness.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The lawsuit was dismissed on June 8, 2023.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – In resolving the prior discovery dispute, on June 5, 2023, the Court ordered that the Plaintiffs shall file a revised version of their Exhibit A that is both “text-copyable” and electronically “searchable.” The Court declined to impose sanctions on the Plaintiff’s counsel.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several of Defendant Bartel’s recent motions were stricken by the Court on June 6, 2023. The Court also prohibited the pro-se parties from filing any other motions without the Court’s permission until further order. A status conference was held on June 14, 2023.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  No update this month.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  No update this month.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month but the other individual defendant has transferred their lawsuit from the Eastern District of Pennsylvania to the Southern District of Indiana. See below.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A Uniform Stipulated Protective Order was approved on May 17, 2023. The Defendants filed a Preliminary Exhibit List on May 19, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  The lawsuit was settled and dismissed with prejudice on May 31, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On June 2, 2023, the Defendant filed a Motion to Bifurcate Damages from Liability. The Defendant wants a separate trial to first determine whether liability exists before spending time and energy on any damages calculations.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – An Affidavit of Service for Defendant Watkins was filed on May 22, 2023, with service on April 27, 2023. On May 24, 2023, the Plaintiff filed a Motion for Clerk’s Entry of Default against Defendant Watkins, which was entered on June 14, 2023 for failure to respond.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On June 6, 2023, the case was transferred to the Eastern District of Texas and assigned case number 4:23-cv-00516.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – The response deadline for Defendant Kiley has been extended to July 5, 2023. The Answer for Defendant LA Systems, LLC is due on August 1, 2023.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The Defendant filed its Answer on May 30, 2023. The Answer consists mostly of general denials or “lack of information” responses and includes nineteen affirmative defenses so the Plaintiff can expect to face a vigorous defense. Defense counsel are David J. Carr, Thomas A. Walsh, and Paul C. Sweeney of ICE MILLER LLP.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – On June 7, the Defendants filed a lengthy Motion to Dismiss for Failure to State a Claim and a Motion to Transfer Case.

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 yet.

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – The Defendants’ counsel have now appeared and first extensions of time have been obtained.

Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn (ND 5/24/2023) – No update yet.

The Center for Gestalt Development, Inc. v. Robine et al. (SD 6/13/2023) – No update yet.

May 2023 Updates

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

Second Defendant in Gestalt Therapy Lawsuit Transfers Venue to Indiana

14 Wednesday Jun 2023

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This lawsuit was transferred in from the Eastern District of Pennsylvania on motion from an individual defendant. It is related to Gestalt Therapy manuscript lawsuit transferred in earlier this year.

The Center for Gestalt Development, Inc. v. Robine et al

Court Case Number:  1:23-cv-01027-JMS-MKK
File Date: June 13, 2023
Plaintiff: The Center for Gestalt Development, Inc.
Defendant: Charles Bowman, Jean-Marie Robine, Institut Francais de Gestalt-Therapie
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: M.Kendra Klump

Muncie Fire Captain sued over EMT Exam Cheating Scheme

18 Thursday May 2023

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

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Here’s a lawsuit straight out of Bayside High School. The lawsuit involves a Muncie, Indiana Fire Captain who allegedly has been providing test questions to individuals before they take their tests. The problem is these aren’t 9th grade English tests, but rather important emergency medical technician (EMT) examinations, meaning unqualified cheaters could be made responsible for saving the lives of the public. This is unfair to everyone, including the creators of the test, who have to rewrite the compromised examinations, and unqualified EMTs, who are advanced to a position where they might not be able to properly carry out their duties. It is most unfair to the endangered public, who could receive unqualified medical treatment and possibly die as a result.

The National Registry of Emergency Medical Technicians (NREMT), which creates the EMT examinations, is now suing the Fire Captain, along with two accomplice test memorizers, for copyright infringement, breach of contract, and trade secret claims. The two test memorizers would allegedly take the examinations, memorize the questions, and then report back to the Fire Captain, who would use that information to train fire department recruits. The test policies specifically forbid such actions.

The “years-long scheme” was reported by a whistleblower in March 2023, leading to an investigation and now this lawsuit. The whistleblower paints a portrait of more than just an overzealous instructor, claiming that the Fire Captain forced his employees to cheat on NREMT examinations “through abuse of power and harassment.”

Stay tuned for updates.

The National Registry of Emergency Medical Technicians v. Dulaney et al.

Court Case Number: 1:23-cv-00840-JRS-MJD
File Date: May 15, 2023
Plaintiff: The National Registry of Emergency Medical Technicians
Plaintiff Counsel: Kandi Kilkelly Hidde, Cameron S. Trachtman of Frost Brown Todd LLP
Defendant: Troy Delaney, Jacob Sutton, Adam Burk
Cause: Copyright Infringement, Breach of Contract, Violation of the Indiana Uniform Trade Secrets Act, Violation of the Defend Trade Secrets Act
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mark J. Dinsmore

Complaint:

May 2023 Indiana Intellectual Property Litigation Update

15 Monday May 2023

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

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There were several interesting filings in intellectual property litigation in Indiana over the last month. Just one new lawsuit was filed and several lawsuits were dismissed, so we may have a shorter list next month for a change. Read on for updates on all pending Indiana trademark and copyright litigation.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The settlement deadline has been extended by motion to June 26, 2023.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  No update this month.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On May 4, 2023, the Defendant filed several documents, including a Response Brief in Opposition to Plaintiff’s Partial Motion for Summary Judgment, a Response to Statement of Material Facts, and Additional Material Facts. The submitted information gives much more context to the dispute.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A telephonic status conference was held on May 3, 2023 to discuss discovery status and another is scheduled for June 1, 2023. 

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On May 8, 2023, the Plaintiff filed Motion for Leave to File a Second Amended Complaint. Amazon promptly challenged with a Motion to Strike, claiming “gamesmanship” by the Plaintiff’s attorney, along with failure to comply with the Court’s electronic filing policies, which prohibit converting a usable electronic document into an unusable version and then filing the unusable version. Amazon has requested monetary sanctions against the Plaintiff’s attorney.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On April 27, 2023, Defendant Bartel filed a Motion to Add Evidence Regarding the True and Factual ‘Known Place of Business’ of Plaintiff. The Plaintiff filed its Response on May 12, 2023.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The lawsuit was dismissed with prejudice on April 18, 2023.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – No update this month. 

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  No update this month. 

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The lawsuit was dismissed with prejudice on May 3, 2023.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – A Settlement Conference was held on May 5, 2023. The parties have been ordered to provide an update on settlement discussions by May 22, 2023, and every 14 days thereafter.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – Witness lists were filed by both parties, but no other updates this month.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On May 5, 2023, the parties filed a Joint Motion for Protective Order. The Plaintiff files its Preliminary Witness and Exhibits Lists on May 12, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  Defendant Carsforsale.com filed its Answer on April 20, 2023. The Answer includes just one affirmative defense, that any alleged infringement on the part of Carsforsale.com was innocent and without intention.

A Preliminary Pretrial Conference is scheduled for May 23, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On May 4, the Court granted a Stipulated Protective Order.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On April 18, 2023, Delta Faucet filed a Renewed Motion for Alternative Service of Process, which the Court granted on April 26, 2023. Delta Faucet can now serve the Defendant Watkins via electronic means.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On May 3, 2023, the case was reassigned to Magistrate Judge M. Kendra Klump. The new case number is 1:23-cv-00274-TWP-MKK. The Defendant’s time to answer the Complaint has been extended by motion to May 22, 2023.

Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – The lawsuit has been settled and was dismissed with prejudice on May 11, 2023.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – Summons were issued on May 8, 2023. No other updates.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – Defense counsel have filed their appearances and a notice of extension of the response deadline.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – No update yet.

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

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

April 2023 Indiana Intellectual Property Litigation Update

18 Tuesday Apr 2023

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

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Spring is here! Only two new lawsuits were filed since last month but there were many developments in pending Indiana intellectual property litigation. Several fully-briefed motions have receiving a court ruling, including one defendant successfully winning a motion to dismiss for lack of personal jurisdiction. One lawsuit saw an unusual request to file a “surreply,” which was immediately challenged by the opposing party. BMI received a summary judgment of $28,000 over 4 songs played on a roadhouse jukebox. We don’t know why the roadhouse chose not to defend itself, or attempt settlement as is customary, but surely it would have paid far less for the standard BMI license.

Here are some of the more interesting trademark and copyright litigation filings from the last month:

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The settlement deadline has been extended by motion to April 26, 2023.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  No update this month.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On March 30, 2023, Forest River filed a Motion for Partial Summary Judgement for its trademark infringement and unfair competition claims.

The Motion for Partial Summary Judgment was accompanied by a Motion to Seal Documents, to which inTech filed a Response on April 13, 2023, expressly reserving opposition to inclusion of portions of an Asset Purchase Agreement among the sealed documents.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A telephonic status conference was held on April 5, 2023 to discuss discovery status and another is scheduled for May 5, 2023.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) –On April 17, 2023, the Court entered an order granting a permanent injunction against the defendants and dismissal of the lawsuit with prejudice.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The parties have a status conference scheduled for May 5, 2023.  

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – There were a number of motions and responses filed over the last month, including the Plaintiff’s response to one of the individual defendants’ request to file a “Surreply.”

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – On April 13, 2023, a Default Judgment was entered against the Defendants for $28,378. This amount is likely significantly higher than the Rockville, Indiana roadhouse would have paid for a standard BMI jukebox license, but the roadhouse apparently opted to take no action in the lawsuit.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – On April 13, 2023, a Joint Stipulation of Dismissal was filed.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – No update this month.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  No update this month.

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 April 13, 2023, the Court granted Defendant HG Autotech’s Motion to Dismiss for Lack of Personal Jurisdiction.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – The Court approved a Case Management Plan on April 4, 2023. Discovery is due by August 7, 2023 and dispositive motions are due by October 2, 2023.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – Defendant Brown’s Motion to Dismiss is now fully-briefed as of March 21, 2023. A pretrial conference was held on April 13, 2023. Discovery is due by November 3, 2023 and dispositive motions are due by January 5, 2024.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  Defendant Lynn Boolman Auto Sales filed its Answer on March 28, 2023. The response deadline for Defendant Carsforsale.com has been extended to April 20, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – Defendant AaLand filed its Answer on March 15, 2023. A telephonic conference was held on April 6, 2023.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On March 27, 2023, the Court denied (without prejudice) Delta Faucet Company’s Motion for Alternative Service of Process. Delta’s counsel will need to try a new strategy to serve the Complaint on the hard-to-find Defendant.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – No update this month.

Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – The Defendant’s response deadline has been extended to May 8, 2023.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – No update yet.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – No update yet.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – No update yet.

March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates