Indiana Intellectual Property litigators were busy over the last month, with lots of updates in pending litigation. Only one new lawsuit was filed, between an Elkhart RV manufacturer and several of its former employees, but several Answers were filed in other lawsuits, allowing them to finally move forward. See below for the more interesting filings and stay tuned for 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) – A Scheduling Conference has been moved to December 1, 2022. No other updates.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The defendants filed an Answer on October 11, 2022, more than a year after the Complaint was filed.
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) – No update this month.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – No update this month.
Reid v. Stephenson (SD, filed 1/27/2022) – The Plaintiff filed a Motion for Clerk’s Entry of Default on October 4, 2022. There is still no activity from the defendant.
NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The defendant filed an Answer on October 4, 2022 which was promptly stricken for failure to comply with local rules. A subsequent Answer was filed on October 12, 2022. A Preliminary Pretrial Conference is scheduled for November 3, 2022.
Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On September 20, 2022, the Platinff filed a Motion for Summary Judgment. The Florida-based husband/wife defendants have still not taken any action in this lawsuit.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Defendant Bartel filed a Response to Counterclaims on September 26, 2022.
On October 7, 2022, Defendant Havel filed a Motion requesting court-appointed counsel.
The Plaintiff responded to the Motion on October 11, 2022, challenging the Defendant’s claim of lack of competency to defend themselves.
Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – The lawsuit was voluntarily dismissed without prejudice on September 28, 2022.
PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – The Defendant filed an Answer on September 28, 2022. They also filed a Motion to Change Venue on the same day, which has not yet been fully briefed. The Plaintiff has until October 26, 2022 to respond to the Motion to Change Venue. A Virtual Settlement Conference is scheduled for November 9, 2022.
Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – A Clerk’s Entry of Default was entered on September 26, 2022.
Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The Defendants have until October 26, 2022 to file their Answer.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The Defendants filed an Answer on October 4, 2022.
Honest Ave Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – Certificates of Service were filed on September 13, 2022. Stay tuned for updates.
Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – On October 13, 2022, the Defendants requested an Extension of Time to File an Answer.