Category Archives: Trademark

October 2024 Indiana Intellectual Property Litigation Update

01 Friday Nov 2024

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

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No-file November is here…will Indiana IP litigators be able to withhold from filing any new lawsuits this month? Time will tell. For now, read on below for updates from October on all pending Indiana trademark and copyright litigation:

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) –  No update this month.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – If you’re following this lawsuit closely, go check PACER, because there are 35 new entries since last month. Most of it involves Amazon’s Motion for Attorney Fees filed on October 4, 2024.

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

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

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On October 9, 2024, the Court entered a slightly scathing Order against the plaintiff on Defendant Robine’s Motion to Compel. The plaintiff was ordered to provide a privilege log, amend its discovery responses, and also pay some attorney fees. On October 29, 2024, the plaintiff notified the Court of its compliance, but that was immediately challenged by Defendant Robine the following day with an objection.

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

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – No update this month.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Discovery Conference was held on October 28, 2024 and the parties have 10 days to communicate any outstanding discovery requests.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  On October 24, 2024, the Court granted the plaintiff’s Motion to Compel, giving the defendants 14 days to supplement their discovery responses.

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) – A Stipulation of Dismissal was filed on October 11, 2024 and the lawsuit was dismissed on October 15, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Stipulated Consent Injunction Order was entered on October 16, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – Answers to Interrogatories were submitted by both Key Bank and Ally Bank, in furtherance of the plaintiff’s pursuit of garnishment.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – No update this month.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – No update this month.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – No update this month. 

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

Howarth v. My Sauna World LLC (SD (4/29/2024) – A Stipulation of Dismissal was filed on October 22, 2024 and the lawsuit was dismissed on October 23, 2024.

Peugh et al. v. Nadler et al. (SD 5/3/2024) – Dismissal papers are due by November 7, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – On October 17, 2024, the plaintiff advised the court of ongoing settlement negotiations and a further update will be provided by November 18, 2024.

Miller v. Empire News LLC (SD 6/26/2024) – No update this month.

LifeWise, Inc. v. Parrish (ND 7/2/2024) – The plaintiff has been granted until November 5, 2024 to file a reply in support of its Motion for Summary Judgment.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on November 19, 2024.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – Clerk’s Entry of Default was entered on October 7, 2024. A Motion for Default Judgment and supporting Brief were filed on October 15, 2024.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – The plaintiff filed a Notice of Voluntary Dismissal on October 17, 2024 and the lawsuit was dismissed with prejudice on October 22, 2024.

Hiker Industries, LLC v. Hyk Outdoors LLC (SD 8/5/2024) – The lawsuit has been settled and dismissal papers are due by December 16, 2024.

My Market LLC v. Batth Markets Inc. et al. (SD 8/6/2024) – The Complaint was served as of October 7, 2024.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC (ND 8/9/2024) – The defendant filed its Answer on October 2, 2024. A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on November 26, 2024.

BCW Diversified, Inc. v. Ultra Pro International, LLC (SD 9/30/2024) – Waiver of service was executed on October 29, 2024. Kathryn Kent has filed an appearance on behalf of the plaintiff.

Jumpstart Communications LLC v. Jumper et al. (ND 10/22/2024) – No update yet.

EE Holding Group LLC v. PDGROWTH LLC et al. (SD 1o/25/2024) – No update yet.

Delta Faucet Company v. Bundrick et al. (SD 10/28/2024) – No update yet.

September 2024 Updates

August 2024 Updates – July 2024 Updates – June 2024 Updates – May 2024 Updates

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

December 2023 Updates – December 2022 Updates –  December 2021 Updates

Delta Faucet Company sues Amazon Counterfeiters in Southern District of Indiana

01 Friday Nov 2024

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

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Delta Faucet Company is once again pursuing counterfeit faucet sellers from Amazon in the Southern District of Indiana. The Complaint (below), always an enjoyable read, discusses how a company’s trademarks are impacted by unauthorized sellers and their negative online reviews. The counterfeiter defendants typically don’t make an appearance in these lawsuits and thus it usually proceeds right to default judgment. The last Delta counterfeiter sued in Indiana earned himself a damages award of $5.4 million and a permanent injunction, so the “head in the sand” strategy is a really bad one. Let’s wait and see if this case is handled any differently.

Stay tuned for updates.

Delta Faucet Company v. Bundrick et al.

Court Case Number: 1:24-cv-01901-RLY-KMB
File Date: October 28, 2024
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendants: Justin Bundrick, Andrew Bundrick, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Kellie M. Barr

Complaint:

Carmel Teenager sued over Counterfeit Eric Emanuel Apparel

31 Thursday Oct 2024

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

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The plaintiff in this Indiana trademark lawsuit is a New York-based luxury sportswear designer, Eric Emanuel. The defendant is a Carmel, Indiana teenager allegedly selling counterfeit Eric Emanuel apparel imported from China. Per the Complaint (below), the counterfeit products are allegedly bought by the defendant from China suppliers, stored at his mother’s Carmel home, and promoted and sold online.

The fashion designer seeks the teenager’s profits, actual and compensatory damages, statutory damages, and attorneys’ fees and costs. It seems this teenager picked the wrong designer to counterfeit and what seemed like a “get rich quick” scheme could quickly turn to “get poor quick.”

Stay tuned for updates.

EE Holding Group LLC v. PDGROWTH LLC et al.

Court Case Number: 1:24-cv-01895-JPH-TAB
File Date: October 25, 2024
Plaintiff: EE Holding Group LLC
Plaintiff Counsel: Anne K. Ricchiuto of Peele Law Group
Defendant: PDGROWTH LLC, Patrick D. Garton
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Endorsement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Tim A. Baker

Complaint:

JUMPSTART COMMUNICATIONS vs. JUMPSTART COMMUNICATION…are you confused?

31 Thursday Oct 2024

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

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The parties to this new Indiana trademark lawsuit have a long personal history, including previously being married, but we’re taking a look at the case for its intellectual property claims, i.e. trademark infringement between the marks JUMPSTART COMMUNICATIONS and JUMPSTART COMMUNICATION. The companies offer the same services, telecommunications construction services, in the same geographic area. The Complaint (below) provides some details about the defendant’s decision to choose a similar name, along with other allegedly damaging behavior, including solicitation of customers and employees.

Stay tuned for updates, although I don’t expect this case to last very long, at least the trademark claims. There are some additional claims that may linger even if the trademark issue is resolved, for example, by a name change.

Jumpstart Communications LLC v. Jumper et al.

Court Case Number: 1:24-cv-00447-HAB-SLC
File Date: October 22, 2024
Plaintiff: Jumpstart Communications LLC
Plaintiff Counsel: Carrie E. Sheridan, J.Blake Hike, Brendan C. Ruff, Stephanie Fleming of Carson LLP
Defendant: Ryan Jumper, Jumpstart Communication LLC
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Trademark Dilution, Federal Unfair Competition, RICO Violations, Breach of Fiduciary Duties, Tortious Interference with Contract, Tortious Interference with Business Relationship, Civil Theft
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Trademark Declaratory Judgment Action filed in Indiana over Protective Trading Card Sleeves

01 Tuesday Oct 2024

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

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BCW Diversified, Inc. (“BCW”) is a Middletown, Indiana-based manufacturer of protective card sleeves for collectible trading cards. In this new federal lawsuit filed in the Southern District of Indiana, BCW has filed declaratory judgment complaint against Defendant Ultra PRO International, LLC (“Ultra Pro”). BCW seeks a declaration that Ultra Pro owns no valid, enforceable rights in the following marks: TOPLOADER, PENNY SLEEVES, PRO-BINDER, MINI SNAP, CHROMAFUSION TECHNOLOGY, and DECK VAULT.

Ultra Pro owns U.S. trademark registrations for the disputed trademarks, but BCW asserts that the registrations are invalid. BCW claims that it has used the terms “top loaders,” “penny sleeves,” and “mini-snap” for thirty years in connection with the manufacture, promotion, and sale of protective card sleeves for collectible trading cards. BCW maintains that its use of these terms is not an infringing use because the disputed terms are generic or, at a minimum, merely descriptive of the goods at issue. Allegedly, third parties throughout the industry make wide use of the disputed trademarks in a descriptive fashion.

BCW received cease-and-desist demands from Ultra Pro and a lawsuit was filed against it by Ultra Pro in the Northern District of Illinois in June 2024. Ultra Pro has also filed a lawsuit against 133 of BCW’s retailers.

Stay tuned to see how Ultra Pro responds to this Declaratory Judgment action.

BCW Diversified, Inc. v. Ultra Pro International, LLC

Court Case Number: 1:24-cv-01699-RLY-MJD
File Date: September 30, 2024
Plaintiff: BCW Diversified, Inc.
Plaintiff Counsel: Marc C. Gravino, Joel M. Huotari of WilliamsMcCarthy, LLP
Defendant: Ultra Pro International, LLC
Cause: Declaratory Judgment of Non-Infringement, Declaratory Judgment of No Dilution, Declaratory Judgment of No Unfair Competition, Declaratory Judgment of Trademark Invalidity
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint: