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.

September 2022 Updates – August 2022 Updates – July 2022 Updates

June 2022 Updates – May 2022 Updates – April 2022 Updates – March 2022 Updates

February 2022 Updates– January 2022 Updates – December 2021 Updates

IP litigators must have started celebrating the holidays early, as it’s been a very quiet month for intellectual property lawsuits in Indiana. Only one new lawsuit was filed, a copyright case involving a single photograph used by Chicks on the Right in an online news article back in 2019. We did get some big news yesterday that Methodist Sports Medicine has decided to change its name to Forté Sports Medicine and Orthopedics, yet we’ll have to wait to see how the name change will impact the pending lawsuit.

Many cases just received time extensions, saving their fight for the new year.

Happy holidays from the Indiana Intellectual Property Blog. See you in January for next month’s updates.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The filing deadline for outstanding filings has been extended from December 9, 2021 to January 6, 2022.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – After two short extensions, dismissal papers are now due by December 17, 2021.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – A Protective Order was entered on December 9, 2021.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – On December 2, 2021, the parties filed a joint motion to extend Court-ordered pretrial deadlines. The motion was denied without prejudice because the motion failed to show good cause for the extension.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The Scheduling Order was amended to extend discovery deadlines.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On November 19, 2021, the Plaintiffs filed a Motion to Enforce Judgment seeking transfer of internet domains and social media accounts.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On December 8, 2021, the Defendants filed a motion requesting until January 11, 2022 to respond to Plaintiff’s Discovery Request.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – An Amended Complaint was filed on December 9, 2021 and the Answer to Amended Complaint was filed on December 12, 2021.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – Attorney Kelly V. Milam filed an appearance on behalf of defendant ooShirts, Inc. on November 23, 2021.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants’ attorneys filed appearances on December 8, 2021.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update yet.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – No update yet.

November 2021 Updates

October 2021 Updates

September 2021 Updates

August 2021 Updates

July 2021 Updates

June 2021 Updates

May 2021 Updates

April 2021 Updates

Fall is here! Only two (one trademark, one copyright) lawsuits were filed in Indiana in the last month, but there’s been plenty of action in the existing cases. Dave Chappelle’s “failed comedian” plaintiff has returned with Proof of Service and a Motion for Default Judgment. One plaintiff has filed a Motion for Contempt against a non-responsive defendant after continued infringement following a Default Judgment. Another trademark plaintiff faces a Motion to Dismiss their federal claims based on a lack of interstate commerce. Interesting stuff ahead, so read on and stay tuned for next month’s updates.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The Defendants have been granted until November 11, 2021 to file their response to the Plaintiff’s Motion for Summary Judgment.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – The lawsuit was dismissed with prejudice on October 12, 2021.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – This lawsuit was dismissed with prejudice on October 6, 2021 via a joint motion.

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

Energy Beverages LLC v. Full Throttle Automotive LLC (SD, filed 5/19/2021) – A Stipulation of Dismissal was filed on September 8, 2021 and simply awaits formal dismissal by the Court. 

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – The Defendant’s Answer was filed on October 12, 2021.

Gatewood v. Webber Chappelle (ND, filed 6/4/2021) – This case looked set for a dismissal based on failure to serve process but the Plaintiff filed a Proof of Service on September 28, 2021 and filed a Motion for Default Judgment on October 5, 2021. We now at least have a better idea what the “joke” was that Dave Chappelle allegedly “stole”…it’s at minute mark 21:23 until 22:15 in Chappelle’s “Heart of Texas” comedy special. The original Complaint said the stolen joke was “exactly one minute” so there is some discrepancy between the Plaintiff’s documents.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, 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.

Valqari LLC v. Dronedek Corporation et al. (SD, filed 6/16/2021) – The parties have reported settlement. The Court has worded the Plaintiff to file dismissal documents by October 29, 2021.

Fitzgerald et al. v. Murray et al. (SD, filed 6/18/2021) – The Plaintiffs filed a Motion to Compel Discovery Responses on September 17, 2021 and the Defendant Murray filed a Motion to Strike the following day. A default judgment was entered against the Defendant Beacon Books on October 1, 2021 for failure to respond. A Reply for the Motion to Compel was filed by Plaintiff on October 4, 2021 and the Defendants filed their Answer to Interrogatories on October 4, 2021.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – No update this month.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – The parties have a telephone status conference set for November 15, 2021.

Haehl v. Dr. Brite, LLC (SD, filed 7/21/2021) – The Defendant filed an Answer on September 28, 2021. Defense counsel is John R. Terpstra and Anna Mandula of Lewis Brisbois Bisgaard & Smith LLP.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – The Defendant failed to appear for a telephonic default judgment hearing on September 28, 2021 and judgment was entered for the Plaintiff. The default judgment apparently did not deter the Defendant from continuing its infringing activities, and a Motion for Contempt was filed by the Plaintiff on October 13, 2021.

Berman v. Auralex Acoustics, Inc. (SD, filed 7/22/2021) – Despite a purported settlement, dismissal documents were not filed by the Court’s deadline of October 8, 2021.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – An Amended Complaint was filed on September 16, 2021. No other updates.

Bubbles Ice Cream Parlor & Pie Shoppe, Inc. v. Scoops & Sweet Bubbles, LLC (ND, filed 8/25/2021) – The Defendant filed a Motion to Dismiss for failure to state a claim (based on lack of interstate commerce) and lack of supplemental jurisdiction.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – An Answer was filed on September 21, 2021 and the following Amended Answer was filed on October 12, 2021. A Pretrial Conference is scheduled for November 3, 2021 before the Court. (Could this signal an end to almost two years of telephonic court conferences?)

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update yet.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update yet.

September 2021 Updates

August 2021 Updates

July 2021 Updates

June 2021 Updates

May 2021 Updates

April 2021 Updates