Honest Abe Roofing sues Georgia Couple for Breach of Franchise Agreement, Trademark Infringement

09 Friday Sep 2022

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

≈ Leave a comment

Tags

, , , , , , , , ,

In April 2021, the Georgia-based defendants in this Indiana lawsuit entered into a Franchise Agreement with Honest Abe, a roof installation corporation located in Terre Haute, Indiana. The franchise relationship did not last long, and Honest Abe send a first Notice of Default in March 2022 asserting several material defaults. Following the failure by defendants to timely cure the defaults, a Notice of Termination was sent to the defendants on May 5, 2022. The defendants allegedly owe the plaintiff around $186,000 in past-due fees. The defendants are also accused of violating their non-compete agreements by starting a competing roofing company in the same geographic area. The Complaint (below) details interactions between an investigator and the defendants in which the defendants continue to refer to themselves as “Honest Abe.”

Honest Abe also requests a temporary restraining order and preliminary injunction (see Motion below).

Based on the very thorough complaint (with 19 exhibits) and the motion for a temporary restraining order/preliminary injunction, I expect the defendants will have a big fight on their hands. Pursuant to the Franchise Agreements, the defendants could also be responsible for Honest Abe’s attorney fees and costs, which are probably already substantial.

Stay tuned for updates.

Honest Abe Roofing Franchise, Inc. v. DCH & Associates, LLC et al.

Court Case Number: 2:22-cv-00387-JRS-MG
File Date: September 7, 2022
Plaintiff: Honest Abe Roofing Franchise, Inc.
Plaintiff Counsel: William W. Drummy of Wilkinson Goeller Modesitt Wilkinson & Drummy LLP
Defendants: DCH & Associates, LLC, Honest Abe Roofing of Macon Georgia, LLC, Dameion Harris, Christine Harris
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Breach of Franchise Agreement, Breach of Contract, Common Law Unfair Competition, Misappropriation of Goodwill
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mario Garcia

Complaint:

Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction:

Mid-August 2022 Indiana Intellectual Property Litigation Update

15 Monday Aug 2022

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

≈ Leave a comment

Tags

Summer is winding down and schools are starting to get back in session. The federal courts in Indiana have had a busy close to the summer as they continue to move existing copyright and trademark lawsuits toward resolution. A few interesting new cases were filed in the last month, including claims of counterfeiting, non-payment of wages, and copyright infringement.

What lawsuits are you following most closely?

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The Plaintiff filed its Response to the Motion for Summary Judgment on August 12, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – Noble Roman’s filed a motion to extend deadlines on August 12, 2022.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month.  

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties filed a Motion to Vacate Settlement Conference and Notice of Settlement on August 1, 2022. The parties have been granted until August 30, 2022 to file a Stipulation of Dismissal.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On July 28, 2022, the Defendant filed an Opposition Proceeding with the Trademark Trial and Appeal Board against the DELLA TERRA trademark application.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A Protective Order was entered on August 11, 2022, presumably to protect the terms of settlement. The parties are awaiting the Court’s order on a fully-plead (as of August 8) Motion to Enforce Settlement Agreement.

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) – On July 19, 2022, the Plaintiffs filed a Motion to Strike Reply to Response to Motion in support of the Motion to Transfer Venue. Amazon filed its Response on July 29, 2022 and the Plaintiffs’ Reply (below) was filed on August 12, 2022. A telephonic conference is scheduled for August 18, 2022.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The Court has ordered that dismissal documents be filed by September 16, 2022.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – The lawsuit was dismissed on August 9, 2022 following entry of a Consent Judgment.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – On August 12, 2022, the Plaintiff filed a Motion to Compel Jurisdictional Discovery. The parties are still working to resolve the jurisdiction issue.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On August 8, 2022, the Plaintiff filed a Motion for Clerk’s Entry of Default.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – The Defendants filed an 82-page Answer (plus 158 pages of Exhibits) on July 26, 2022.

Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – No update yet.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Many attorneys have filed appearances, but no other updates yet.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – No update yet.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – No update yet.

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

July 2022 Updates

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

February 2022 Updates– January 2022 Updates – December 2021 Updates

Oakley sues Indianapolis Indoor Baseball Training Facility over Sale of Counterfeit Sunglasses

12 Friday Aug 2022

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

≈ Leave a comment

Tags

, ,

The defendants in this counterfeiting lawsuit operate an indoor baseball and softball training facility in Indianapolis. The plaintiff, Oakley, has accused the defendants of selling counterfeit sunglasses. The plaintiff’s investigators purchased counterfeit sunglasses from the defendants at the Edinburgh Sports Complex (i.e. a place where baseball is played) and at the defendant’s retail location in Indianapolis.

Oakley seeks an injunction, statutory damages, attorney fees’ and costs. Oakley is probably equally interested in obtaining information about the source of the counterfeit goods, possibly somewhere overseas.

Stay tuned for updates.

Oakley, Inc. v. Batter’s Box Training, LLC et al

Court Case Number: 1:22-cv-01596-RLY-MJD
File Date: August 11, 2022
Plaintiff: Oakley, Inc.
Plaintiff Counsel: Zachary D. Prendergast of Robbins, Kelly, Patterson & Tucker, LPA
Defendants: Batter’s Box Training, LLC, Shawn Lessor, Brandi Pierson
Cause: Federal Trademark Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

AV Intern sues Kilroy’s Sports for Non-Payment of Wages, Copyright Infringement

09 Tuesday Aug 2022

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

≈ Leave a comment

Tags

, , , , , , , ,

A popular college bar in Bloomington, Indiana is accused of non-payment of $12,000 to an intern who had been creating content for their social media accounts. The Complaint (below) details several months of promised, delayed, and ultimately unrealized paychecks.

The Complaint includes claims for declaratory judgment of copyright ownership and copyright infringement, but I assume that the intern is less interested in ownership of the bar’s social media content and more interested in getting paid for months of labor. The specific works alleged to have been infringed are not identified in the Complaint and there is no mention of registration of any works, a prerequisite for a copyright infringement claim, so the copyright claims could be vulnerable to challenge. As jurisdiction for the lawsuit is based on the copyright and declaratory judgment of copyright ownership claims, we might see an early battle over jurisdiction.

Ideally, the intern will just get paid what he is owed before lawyers for both sides get deep into researching and drafting motions. Stay tuned for updates.

Schwartz v. Kilroy’s North America, LLC et al

Case Number: 1:22-cv-01563-SEB-DML
File Date: August 5, 2022
Plaintiff: Elijah Schwartz
Plaintiff Counsel: Kimberly D. Jeselskis, B.J. Brinkerhoff, Hannah Kaufman Joseph of Jeselskis Kaufman and Joseph, LLC
Defendant: Kilroy’s North America, LLC, Kilroy’s Sports, LLC, Kilroy’s on Kirkwood, LLC
Cause: Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

BMI sues Rockville Bar for Copyright Infringement

02 Tuesday Aug 2022

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

≈ Leave a comment

Tags

, , ,

BMI has found another target in Indiana. This time it’s the Thirty Six Saloon, a relaxed roadhouse alongside US-36 in Rockville, Indiana, home of the Parke County Covered Bridge Festival.

BMI allegedly reached out to the Defendants over thirty-five (35) times since April 2019 in an attempt to sell them the required public performance license to play music in the roadhouse. With no apparent satisfactory response, BMI now brings a lawsuit with 4 claims of copyright infringement based on the following playlist being performed at Thirty Six Saloon without a license on November 27, 2019 (the night before Thanksgiving):

Stay tuned for updates.

Broadcast Music, Inc. et al. v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon Et al.

Case Number: 2:22-cv-00305-JRS-MJD
File Date: July 27, 2022
Plaintiff: Broadcast Music, Inc.; Cotillion Music, Inc.; Terry Stafford Music Co.; House of Cash, Inc.; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing; Round Hill Music LP d/b/a Round Hill Works; Tokeco Tunes; EMI Blackwood Music Inc.; Warner-Tamerlane Publishing Corp.; Lucky Thumb Music; Noah’s Little Boat Music; Sea Gayle Music LLC d/b/a New Songs of Sea Gayle; Eldorotto Music Publishing; Big Gassed Hitties; Spirit Music Group Inc. d/b/a Spirit of Nashville One
Plaintiff Counsel: April A. Wimberg of Dentons Bingham Greenebaum
Defendant: Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon; Mark Vanderheyden
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mark J. Dinsmore

Complaint: