Fall is a time of transition, and that holds true for Indiana IP litigation. Read on below for the latest updates on all pending Indiana trademark and copyright lawsuits. Which lawsuits are you following most closely?

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) –  On September 19, 2024, the Court ordered the clerk to enter an amended judgment awarding Forest River $5,561,943.00 in disgorged profits, $244,623.00 in prejudgment interest, 1,285,016.99 in attorney fees, and $51,933.43 in costs, with post-judgment interest to accrue in accordance with law.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The parties spent most of the month disputing a September 11, 2024 Order that the plaintiff must pay the defendant $30,000 in attorneys’ fees. As of September 27, 2024, the Order was stayed pending a ruling on the Plaintiffs’ Motion to Reconsider and Objection to the Magistrate Judges Ruling on the Motion for Attorney’s Fees.

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 September 17, 2024, but the parties were unable to resolve the issues. A Motion to Compel and for Sanctions was filed by Defendant Robine on September 19, 2024. The plaintiff’s Response was due by September 28, 2024, but it was not filed. Defendant Robine then filed a Reply on September 30, 2024, requesting sanctions against the plaintiff.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  On September 25, 2024, the Court issued a notice that the lawsuit may be dismissed for failure to serve process.

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

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Settlement Conference was held on September 23, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  On September 26, 2024, the plaintiff filed a Motion to Compel Discovery.

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) – The deadline to file a Stipulation of Dismissal has been extended to October 13, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Joint Motion for Entry of Stipulated Consent Injunction Order was filed on September 17, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On September 25, 2024, the plaintiff filed a Motion for Proceedings Supplemental, including interrogatories to two banks, in an attempt to enforce the August judgment.

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) – The parties filed a Joint Notice of Selection of Mediator on September 9, 2024.

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) – The lawsuit has settled and dismissal papers are due by September 23, 2024.  

Peugh et al. v. Nadler et al. (SD 5/3/2024) – A Notice of Settlement was filed on September 9, 2024, and the parties must file a Stipulation of Dismissal by October 6, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – A joint Notice of Tentative Settlement was filed on September 17, 2024. A status update is due by October 17, 2024.

Miller v. Empire News LLC (SD 6/26/2024) – The defendant’s deadline to answer the Complaint has been extended to November 1, 2024.

LifeWise, Inc. v. Parrish (ND 7/2/2024) – Corynne M. McSherry, Victoria J. Noble, and Mitchell L. Stoltz have entered an appearance on behalf of the defendant. A response to the defendant’s Motion to Dismiss was filed on September 16, 2024, to which the plaintiff filed its Reply on September 23, 204. On September 16, 2024, the plaintiff also filed a Motion for Summary Judgment.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – JoZeff W. Gebolys, David R. Barnard, and Judith Araujo have entered an appearance on behalf of the defendant.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – On September 19, 2024, the plaintiffs filed a Motion for Clerk’s Entry of Default.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – The defendant’s time to respond to the Complaint has been extended to October 14, 2024.

Hiker Industries, LLC v. Hyk Outdoors LLC (SD 8/5/2024) – The defendant’s time to respond to the Complaint has been extended to October 18, 2024.

My Market LLC v. Bath Markets Inc. et al. (SD 8/6/2024) – The Complaint was served on September 26, 2024. No other updates.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC (8/9/2024) – William A. Ramsey and Gurleen Kahlon have entered an appearance on behalf of the defendant.

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

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

May in Indy! While most people are spending their time at the racetrack, Indiana IP litigators are still hard at work. There were numerous settlements in the last month, perhaps because the parties realized they would rather be at the track than in court. Read on below for updates on all pending Indiana trademark and copyright litigation.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – Now post-judgment, the parties are busy figuring out how much the attorneys should be paid.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – There were over 2 dozen filings since last month, so if you’re following this case closely, you’ll want to go check out PACER.

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

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month. The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024.

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) – No update this month. 

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) –  The lawsuit was dismissed on May 7, 2024.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update this month.

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

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  On April 17, 2024, the parties filed a Joint Notice of Settlement. Dismissal papers must be filed by May 30, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On May 14, 2024, the Plaintiff filed a Motion to Compel Discovery and accompanying Brief in Support.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Telephonic Discovery Conference is scheduled on May 22, 2024. Position statements are due by May 16, 2024.

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

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  The lawsuit was voluntarily dismissed on May 9, 2024.

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) – The Defendant’s deadline to file a Reply to its Motion to Dismiss has been extended to May 16, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Tentative Notice of Settlement was filed by the Plaintiff on May 9, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On April 23, 2024, the Plaintiff filed Notice of Defendant’s Failure to Show Cause. On May 7, 2024, the Magistrate Judge recommended that the Plaintiff’s Motion for Preliminary Injunction be granted and entry of a default judgment.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – The Defendant filed its Answer on April 19, 2024, including the following affirmative defenses:

1. Plaintiff has failed to state a claim upon which relief can be granted.
2. Plaintiff has not been damaged as a result of Defendant’s alleged conduct.
3. Defendant’s alleged conduct was fair use under 17 U.S.C. § 107.
4. Defendant’s alleged conduct was authorized by or through Plaintiff or its
   licensees or agents, such as the New York Post, through distribution of the accused image on websites, news services, and/or social media accounts subject to terms permitting reuse and/or redistribution.
5. Defendant’s alleged conduct was de minimis and therefore not actionable.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – The Defendant filed its Answer on April 22, 2024.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – An Amended Complaint was filed on May 3, 2024.

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goes Marketing Company (ND 3/29/2024) – The lawsuit was dismissed on May 9, 2024 via a Notice of Voluntary Dismissal.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. (SD 4/11/2024) –

Peugh et al. v. Nadler et al. (SD 5/3/2024) – No update yet.

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

December 2023 Updates – December 2022 Updates –  December 2021 Updates

It has been a mostly quiet month in Indiana IP litigation, with a few dismissals and several judge reassignments. Read on below for updates on all pending Indiana copyright and trademark litigation. Leave a comment about which case(s) you are following most closely.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) –On March 29, 2024, the Plaintiff received a judgment for $2 million, along with a permanent injunction. On April 3, 2024, the Plaintiff filed a Motion for Attorney Fees requesting an additional $1.26 million for attorneys’ fees, $5.56 million for profit disgorgement, and $244,000 in prejudgment interest.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Over the last month, the parties made numerous filings pertaining to discovery disputes and attorney fees.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On March 21, 2024, Defendant Bartel filed a response to the Court’s Order to Show Cause addressing whether he should be sanctioned for repetitive and baseless motions.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month. The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  On April 4, 2024, a Closed Final Judgment was entered. The Plaintiff was awarded $186,000 in contractual damages and $84,000 in contractual attorney fees.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) –  No update this month.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  On March 25, 2024, the case was reassigned to Judge Cristal C. Brisco for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  An initial pretrial conference is scheduled on May 8, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On March 25, 2024, the case was reassigned to Judge Cristal C. Brisco for all further proceedings. Judge Damon R. Leichty is no longer assigned to the case.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – A Joint Stipulation of Dismissal was filed on March 18, 2024 and the case was dismissed by the Court the following day.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Status Conference was held on March 27, 2024. An in-person settlement conference is scheduled on September 23, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – A Joint Stipulation of Dismissal was filed on March 22, 2024 and the case was dismissed by the Court on March 25, 2024.

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  A Notice of Settlement was filed on April 9, 2024. The Court has ordered the filing of dismissal papers by May 10, 2024.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – The Court has ordered the Plaintiff to refile its two prior-filed Motions to Dismiss as a single motion, which the Plaintiff did on April 5, 2024.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – A Notice of Voluntary Dismissal was filed by the Plaintiff on April 11, 2024 and the case was terminated.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Damon R. Leichty is no longer assigned to the case.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – The Defendants failed to appear at an Status Conference on April 12, 2024. The Defendants have been ordered to show good cause for their failure to appear by April 22, 2024.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – An initial pretrial conference is scheduled on May 8, 2024.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – The Defendant’s time to answer has been extended by agreed notice to April 22, 2024. G. Thomas Williams III has appeared pro hac vice on behalf of the Defendant.

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

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goes Marketing Company (ND 3/29/2024) – No update yet.

March 2024 Updates – February 2024 Updates – January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates