August 2024 Indiana Intellectual Property Litigation Update

30 Friday Aug 2024

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

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August was a busy month for Indiana IP litigators. Several new lawsuits were filed, along with numerous motions and responses, and it’s clear that there’s plenty of discovery going on behind the scenes. Read on below for updates on all pending Indiana copyright and trademark lawsuits, including some of the more interesting filings:

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) – A Telephonic Discovery Conference was held on August 7, 2024 and another is scheduled for September 4, 2024. There are pending motions for sanctions, to dismiss counterclaims, and for a protective order.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel.

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) – A Discovery Conference was held on August 2, 2024, to deal with an issue in a live deposition.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – The lawsuit was dismissed with prejudice on August 15, 2024.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – A few discovery motions are now fully briefed and awaiting the decision of the Court.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – Discovery is due by October 11, 2024 and Dispositive Motions are due by November 14, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  No update this month.

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 Notice of Settlement was filed on August 12, 2024. Dismissal papers are due by September 13, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – A final Order was entered on August 16, 2024. The Plaintiffs were awarded $54,692.57 in monetary damages, $65,721.31 in attorneys’ fees, and $1,077.70 in costs. A permanent injunction was also entered against the Defendants, who never appeared in the lawsuit.

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) – Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel. On August 29, 2024, the Defendant filed an Expedited Motion to Amend the September 9, 2024 Scheduling Order Deadline to File a Motion to Recuse or Disqualify.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – A Motion for Clerks Entry of Default was filed on August 7, 2024. Clerks Entry of Default was entered on August 9, 2024.

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) – No update this month.

Peugh et al. v. Nadler et al. (SD 5/3/2024) – The Plaintiff filed an Amended Complaint on August 15, 2024. The Defendants’ Answer was filed on August 29, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – No update this month.

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

LifeWise, Inc. v. Parrish (ND 7/2/2024) – On August 26, 2024, the Defendant filed a Motion to Dismiss for Failure to State a Claim. A Telephonic Hearing was held on August 28, 2024.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – The Defendant filed its Answer on August 26, 2024.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – No update this month.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – Alejandra Reichard and Jonathan P. Froemel have entered an appearance on behalf of the defendants.

Hiker Industries, LLC v. Hyk Outdoors LLC (SD 8/5/2024) – No update yet.

My Market LLC v. Bath Markets Inc. et al. (SD 8/6/2024) – No update yet.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC (8/9/2024) – The Defendant was served on August 15, 2024. The Answer is due by September 5, 2024.

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

Northern Indiana Chiropractors fight over “Legacy” Trademark

13 Tuesday Aug 2024

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

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A Shipshewana, Indiana-based chiropractor has been operating under the name Legacy Chiropractic since March 2018.

41 miles away, in Warsaw, Indiana, another chiropractor began operating as Legacy Family Chiropractic around March 2020. Prior to opening, the Warsaw chiropractor’s wife had allegedly inquired about purchasing the rights to the name. There was no agreement to sell the name per the Complaint (below), but the Warsaw chiropractor still proceeded with a “Legacy” name.

After 4 years of coexistence, perhaps not always peaceful, a federal trademark application was filed by the Shipshewana chiropractor on July 29, 2024. On the same morning, an Indiana state trademark registration was applied for and obtained by the Warsaw chiropractor, quickly resulting in a few weeks of back-and-forth attorney communications and now a lawsuit in the Northern District of Indiana.

Stay tuned for updates.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC

Court Case Number: 3:24-cv-00668-DRL-MGG
File Date: August 9, 2024
Plaintiff: Legacy Chiropractic, LLC
Plaintiff Counsel: D. Randall Brown, Michael E. Wever of Barnes & Thornburg LLP
Defendant: Legacy Family Chiropractic LLC
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Anti-Cybersquatting, Unfair Competition and Deceptive Trademark Practices, Cancellation of Indiana State Trademark Registration
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint:

Kingston, Indiana Grocery Store sued for Trademark Infringement

09 Friday Aug 2024

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

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In addition to using an identical name, the defendant in the latest Indiana trademark lawsuit is accused of submitting a fraudulent letter to the Indiana Secretary of State claiming permission to use the name. The Kingston, Indiana grocery store is allegedly operating as “My Market” without the authorization of the plaintiff, who has prior rights in the name.

The plaintiff and defendants likely have some personal background that isn’t discussed in the Complaint (below). If so, the Answer may shed more light on why the defendant thought it had permission to use the name “My Market.”

Stay tuned for updates.

My Market LLC v. Batth Markets Inc. et al.

Court Case Number: 1:24-cv-01335-MPB-MJD
File Date: August 6, 2024
Plaintiff: My Market LLC
Plaintiff Counsel: C. Christopher Dubes, Amanda C. Delekta of Carson LLP
Defendant: Batth Markets Inc., Chhaterpal Singh
Cause: Federal Trademark Infringement, False Designation of Origin, Trademark Dilution, Federal Unfair Competition, Conversion
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Mark J. Dinsmore

Complaint:

HIKER vs. HYK OUTDOORS…are you confused?

08 Thursday Aug 2024

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

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Both parties in this new Indiana trademark lawsuit manufacture “pull-behind” camper trailers. The plaintiff, Hiker Trailers of Columbus, Indiana, has sold trailers using the HIKER TRAILER brand since 2004.

The defendant, Hyk Outdoors, is a Missouri company that has been selling towable camping trailers since 2020.

The goods seem very similar, and presumably so are the parties’ respective consumers. The parties likely have or will promote their trailers at the same trade shows. Ultimately, it will need to be determined whether the trademarks HIKER and HYK OUTDOORS are confusingly similar. Although no specific instances of confusion are cited, the Complaint (below) alleges an admission of repeated consumer confusion by an employee of the defendant.

Stay tuned for updates.

Hiker Industries, LLC v. Hyk Outdoors LLC

Court Case Number: 1:24-cv-01320-RLY-MJD
File Date: August 5, 2024
Plaintiff: Hiker Industries, LLC
Plaintiff Counsel: James M. Hinshaw, Brad R. Maurer of Dentons Bingham Greenebaum LLP
Defendant: Hyk Outdoors LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin or Sponsorship, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

July 2024 Indiana Intellectual Property Litigation Update

06 Tuesday Aug 2024

Posted by in Intellectual Property

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The last month was quiet in pending Indiana Intellectual Property lawsuits but there were several new cases filed. Read on below for the latest updates in Indiana copyright and trademark litigation.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties continue to figure out attorneys’ fees.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On July 26, Amazon filed another Motion for Sanctions. The Plaintiff has requested an extension of time to respond, which Amazon has opposed.

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) – A Discovery Conference was held on August 2, 2024.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – Dismissal papers remain due by August 26, 2024.

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) – On July 30, the Plaintiff filed a second Motion to Compel Discovery.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – No update this month.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  No update this month.

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) – No update this month.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – Dismissal papers are due by October 10, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On July 25, 2024, the Plaintiff moved for entry of final judgment in their favor. The Defendants did not appear in this lawsuit.

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) – Discovery deadlines have been set and Corporate Disclosure Statements have been filed.

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) – Summons were issued on August 2, 2024.

Howarth v. My Sauna World LLC (SD (4/29/2024) – Witness and Exhibit Lists have been filed. Initial disclosures have been served.

Peugh et al. v. Nadler et al. (SD 5/3/2024) – Tammy Jo Meyer and Kenneth Allen Ewing have entered an appearance on behalf of the Defendants. The Defendants’ Answer is due by August 8, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – No update this month.

Miller v. Empire News LLC (SD 6/26/2024) – The Defendant has been served but otherwise no update this month.

LifeWise, Inc. v. Parrish (ND 7/2/2024) – The Defendant’s Answer is due by August 26, 2024. A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on for August 28, 2024.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – Kevin J. Mitchell has appeared on behalf of the Defendant and requested additional time to file the Answer.

Hot Girl Walk LLC v. Springer d/b/a Hot Walk Indy (SD 7/15/2024) – The lawsuit was dismissed without prejudice on August 5, 2024.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – No update yet.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – Renee Jennifer Aragona has entered an appearance on behalf of the Plaintiff.

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