Tag Archives: Litigation Update

October 2022 Indiana Intellectual Property Litigation Update

15 Saturday Oct 2022

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

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Indiana Intellectual Property litigators were busy over the last month, with lots of updates in pending litigation. Only one new lawsuit was filed, between an Elkhart RV manufacturer and several of its former employees, but several Answers were filed in other lawsuits, allowing them to finally move forward. See below for the more interesting filings and stay tuned for updates.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – No update this month.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

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

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Scheduling Conference has been moved to December 1, 2022. No other updates.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The defendants filed an Answer on October 11, 2022, more than a year after the Complaint was filed.

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) – No update this month.

Reid v. Stephenson (SD, filed 1/27/2022) – The Plaintiff filed a Motion for Clerk’s Entry of Default on October 4, 2022. There is still no activity from the defendant.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The defendant filed an Answer on October 4, 2022 which was promptly stricken for failure to comply with local rules. A subsequent Answer was filed on October 12, 2022. A Preliminary Pretrial Conference is scheduled for November 3, 2022.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On September 20, 2022, the Platinff filed a Motion for Summary Judgment. The Florida-based husband/wife defendants have still not taken any action in this lawsuit.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Defendant Bartel filed a Response to Counterclaims on September 26, 2022.

On October 7, 2022, Defendant Havel filed a Motion requesting court-appointed counsel.

The Plaintiff responded to the Motion on October 11, 2022, challenging the Defendant’s claim of lack of competency to defend themselves.

Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – The lawsuit was voluntarily dismissed without prejudice on September 28, 2022.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – The Defendant filed an Answer on September 28, 2022. They also filed a Motion to Change Venue on the same day, which has not yet been fully briefed. The Plaintiff has until October 26, 2022 to respond to the Motion to Change Venue. A Virtual Settlement Conference is scheduled for November 9, 2022.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – A Clerk’s Entry of Default was entered on September 26, 2022.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The Defendants have until October 26, 2022 to file their Answer.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The Defendants filed an Answer on October 4, 2022.

Honest Ave Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – Certificates of Service were filed on September 13, 2022. Stay tuned for updates.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – On October 13, 2022, the Defendants requested an Extension of Time to File an Answer.

September 2022 Updates – August 2022 Updates – July 2022 Updates

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

February 2022 Updates– January 2022 Updates – December 2021 Updates

September 2022 Indiana Intellectual Property Litigation Update

15 Thursday Sep 2022

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

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Henry Wadsforth Longfellow was invoked by the Court in an Opinion and Order for the Amazon/Ligonier perfumery lawsuit. The Court followed an evocative Longfellow passage about “Ships that pass in the night” with its own damning assessment of the state of the lawsuit:

“There are cases in which all that is shared in the parties’ briefs is the caption. The most mundane facts are passionately disputed. Unfavorable facts are misrepresentations. Unfavorable case law is not just distinguishable, it is irrelevant and misleading. Differing interpretations of evidence are absurd. Every action of opposing counsel is performed with malice.

These cases tax the Court needlessly. Rather than address the salient legal issues, the Court must check and re-check threshold factual matters and blackletter law. Motions cannot be decided before evidentiary objections, and objections to those objections, are resolved. The Court functions less as an adjudicative body and more as a schoolmarm.

This, unfortunately, looks to be one of those cases.”

See the full Opinion and Order below for the rest of the Court’s analysis.

The Omi in a Hellcat lawsuit may also require a schoolmarm soon to intervene in the parties’ dispute over jurisdictional discovery, which has seen charges of obfuscation and improper objections.

Which lawsuits are you following most closely?

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The Defendants filed a Reply in Support of their Motion for Summary Judgment on August 25, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – Discovery deadlines have been extended by motion to October 4, 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 lawsuit was dismissed with prejudice on September 1, 2022.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties’ discovery deadlines were extended by motion on September 2, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.

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) – Amazon’s Motion to Transfer Venue was granted on September 6, 2022. The case will be transferred from the Northern District of Indiana to the Southern District of Indiana, so we’ll be able to continue to follow it on this blog.

Reid v. Stephenson (SD, filed 1/27/2022) – The Complaint was served on Lance Stephenson on August 30, 2022. No further update.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The court granted permanent injunction against the Defendants and the lawsuit was dismissed.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The parties are in the midst of a jurisdictional discovery dispute, and are now awaiting the Court’s ruling on a fully-briefed Motion to Compel Jurisdictional Discovery. The latest filing (below) finds the Plaintiff lamenting the Defendants’ “continued obfuscation” and discovery responses “rife with additional improper objections.” Stay tuned for the Court’s rulings.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – Some internal court administration took place over the last month, but no substantive updates.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On August 17, the Plaintiff filed its Answer to the counterclaims of Defendants Havel and Weaver.

Defendant Bartel filed an Answer on September 9, 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) – Even more attorneys have made pro hac vice appearances this month, but there are no substantive updates.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – BMI filed a Motion for Clerk’s Entry of Default on September 6, 2022.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – On August 25, 2022, Defendant Kilroy’s North America, LLC was dismissed from the lawsuit. Amanda C. Couture has appeared as counsel for the remaining defendants, Kilroy’s on Kirkwood and Kilroy’s Sports.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – Oakley filed Affidavits of Service on September 12, 2022, so we can anticipate the Defendant’s Answer in the next month.

Honest Ave Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – Certificates of Service were filed on September 13, 2022. Stay tuned for updates.

August 2022 Updates – July 2022 Updates

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

February 2022 Updates– January 2022 Updates – December 2021 Updates

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

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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

Mid-June 2022 Indiana Intellectual Property Litigation Update

15 Wednesday Jun 2022

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

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While all eyes were on the Depp/Heard defamation litigation last month, it was a quiet but interesting month in Indiana Intellectual Property litigation. Amazon and the Ligonier, Indiana-based perfumery have now fully briefed Amazon’s Motion to Dismiss. RE/MAX also seeks to dismiss its Defendants’ counterclaims. YouTuber Omi in a Hellcat is claiming lack of personal jurisdiction and improper venue, although he needed to quickly amend (i.e. increase) their Indiana sales statistics via Declaration after filing a Motion to Dismiss.

Which Indiana intellectual property lawsuits are you following most closely?

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadlines were extended to June 17, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On June 13, 2022, the Defendant was ordered to pay the Plaintiffs $10,020.50 in attorney’s fees and costs.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On May 27, 2022, the Plaintiffs filed their Reply Brief in support of their Motion to Dismiss Defendants’ Counterclaims.

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

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. The parties have until July 1, 2022 to file dismissal documents.

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) – The Plaintiffs filed their Response to the Defendants’ Motion to Dismiss on May 20, 2022. Amazon filed its Reply Brief on May 27, 2022. On June 8, 2022, the Plaintiffs filed a Response to the Motion to Transfer Case.

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

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – The lawsuit was dismissed on May 26, 2022.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The parties held a telephonic status conferences on June 13, 2022. A status report regarding settlement must be filed by July 15, 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) – No update this month.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. Shortly thereafter, a Declaration was filed by Defendants correcting the data in the Motion re: Indiana sales.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On June 2, 2022, the Plaintiff’s Motion for Default Judgment was denied because the Plaintiff has not yet obtained a Clerk’s entry of default against Defendants.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The lawsuit was dismissed with prejudice and without costs on June 2, 2022.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On June 14, 2022, Defendants Havel and Weaver each filed a Motion for Extension of Time to File Answer.

May 2022 Updates

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

Mid-May 2022 Indiana Intellectual Property Litigation Update

16 Monday May 2022

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

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No new trademark or copyright lawsuits were filed in Indiana in the last 30 days. Several lawsuits were dismissed. All in all, a quiet month and we’ll look forward to more activity as we move into the summer.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – The parties have jointly stipulated to extend the deadlines in their Scheduling Order.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On May 16, 2022, the parties filed a joint motion to extend discovery deadlines.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – On May 12, 2022, Noble Roman’s filed a Statement of Claims and Defenses.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The lawsuit was dismissed on May 3, 2022.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – The lawsuit was dismissed on April 15, 2022.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – A Motion for Attorney’s Fees was filed.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties have extended discovery deadlines.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Stipulated Protective Order was granted on April 19, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. 

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – A Settlement Conference is scheduled for June 30, 2022.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – On May 12, 2022, the Plaintiff filed a Motion for Entry of Default.

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – The lawsuit was dismissed on April 12, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The Plaintiff filed an Amended Complaint on April 25, 2022. Amazon filed a new Motion to Dismiss on April 29, 2022.

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

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – No update this month.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – A Pretrial Conference was held on May 9, 2022, with future dates set for 2023.

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) – Steven D. Groth has entered an appearance on behalf of the Defendants.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – A Pretrial Conference is scheduled for June 23, 2022. Robert R. Axenfeld has entered an appearance on behalf of the Defendants.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – The Plaintiff filed a Motion for Default Judgment on May 9, 2022.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The Defendants filed an Answer on April 18, 2022.

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates