• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Crystal S. Wildeman

Atlas Van Lines sues Atlas Mover Group for Trademark Infringement, Unfair Competition

18 Thursday Jul 2024

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

≈ Leave a comment

Tags

Common Law Unfair Competition, Crystal S. Wildeman, Federal Trademark Infringement, Matthew P. Brookman, Violation of the Federal Anticybersquatting Consumer Protection Act

Atlas Van Lines of Evansville, Indiana, has been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries.

A pair of Georgia companies have apparently begun offering moving services under the fictitious business name “Atlas Mover Group,” allegedly constituting trademark infringement and unfair competition.

A cease-and-desist letter was sent to the Georgia companies in February and Atlas Van Lines now seeks court intervention in the Southern District of Indiana.

Stay tuned for updates.

AWGI, LLC et al. v. Atlas Mover Group LLC et al.

Court Case Number: 3:24-cv-00116-MPB-CSW
File Date: July 15, 2024
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark F. Warzecha, Esq. of Widerman Malek, PL
Defendant: Atlas Mover Group LLC, United Best Moving LLC
Cause: Federal Trademark Infringement, Common Law Unfair Competition, Violation of the Federal Anticybersquatting Consumer Protection Act
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Crystal S. Wildeman

Complaint:

View this document on Scribd

Baskin-Robbins sues Ex-Franchisee over Broad Ripple, Greenwood Ice Cream Shops

15 Thursday Feb 2024

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

≈ Leave a comment

Tags

Breach of Contract, Breach of Personal Guarantees, Crystal S. Wildeman, Federal Trademark Infringement, Federal Unfair Competition, James R. Sweeney II

The owner of Baskin Robbins ice cream shops in Broad Ripple and Greenwood, Indiana, has been accused of violating the terms of its Baskin-Robbins franchise agreement. The prior franchise relationship was terminated in June 2023 due to nonpayment of about $50,000, but the ice cream shops continued to operate as Baskin Robbins while selling product from a competing ice cream brand.

Subsequent cease-and-desist communications and collection attempts have been unsuccessful, and Baskin Robbins now seeks the intervention of the federal court for the Southern District of Indiana.

Stay tuned for updates.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al.

Court Case Number: 1:24-cv-00293-JRS-CSW
File Date: February 14, 2024
Plaintiff: Baskin-Robbins Franchising LLC, BR IP Holder LLC
Plaintiff Counsel: Justin O. Sorrell of Riley Bennett Egloff LLP
Defendant: Blue Moo Ice Cream Inc., Robert Holocher
Cause: Breach of Contract, Breach of Personal Guarantees, Federal Trademark Infringement, Federal Unfair Competition
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Crystal S. Wildeman

Complaint:

View this document on Scribd

September 2023 Indiana Intellectual Property Litigation Update

15 Friday Sep 2023

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

≈ Leave a comment

Tags

Crystal S. Wildeman, Litigation Update

The end of the summer was a quiet time for Indiana Intellectual Property litigation. There were no new trademark or copyright lawsuits filed in the last month, and only a small amount of activity in pending cases. Read on below for updates on all pending litigation:

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ deadline to complete settlement has been extended by motion to October 27, 2023.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  The Defendants filed their Amended Counterclaim on August 17, 2023, and Noble Roman’s filed its Answer to Counterclaim on August 31, 2023. A telephonic status conference was held on September 11, 2023.

View this document on Scribd

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 settlement conference was held on August 31, 2023, but settlement was not achieved. A motion to maintain a document under seal is now fully-briefed as of September 12, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Defendant Bartel filed an Amended Answer to Amended Complaint on September 13, 2023. 

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

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

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  The lawsuit has been assigned to Magistrate Judge Crystal S. Wildeman and assigned new case number 3:22-cv-00173-RLY-CSW.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A telephonic status conference was scheduled on September 14, 2023.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – Case management deadlines were extended by motion on August 30, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – No update this month. 

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – The lawsuit has been assigned to Magistrate Judge Crystal S. Wildeman and assigned new case number 1:23-cv-00200-JMS-CSW. On September 14, 2023, the Plaintiff filed a Motion for Leave to Physically File Excel Spreadsheets in Support of Motion for Default Judgment on USB Flash Drive and Memorandum In Support.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – A Notice of Settlement was filed on September 1, 2023. The parties have until October 2, 2023, to file dismissal papers.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The deadline to file the stipulation of dismissal has been extended to September 28, 2023.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – The lawsuit has been assigned to Magistrate Judge Crystal S. Wildeman and assigned new case number 3:23-cv-00060-MPB-CSW.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – The parties’ Telephonic Rule 16 Preliminary Pretrial Conference is rescheduled to September 19, 2023. The Plaintiff filed its Answer to Counterclaims on September 1, 2023.

View this document on Scribd

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

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – No update this month.

Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn (ND 5/24/2023) – The lawsuit was dismissed with prejudice on August 30, 2023.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) – No update this month. 

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – An Amended Complaint was filed on September 5, 2023.

View this document on Scribd

August 2023 Updates – July 2023 Updates – June 2023 Updates – May 2023 Updates

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (327)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (603)
  • Indianapolis (51)
  • Intellectual Property (662)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (595)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (215)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (369)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (363)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    • Indiana Intellectual Property Blog
    • Join 82 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...