February was a very quiet month in Indiana intellectual property litigation. A few parties filed a Motion to Dismiss in an attempt to avoid litigation in Indiana, but there are no rulings yet. A few settlement conferences were reported as successful, so we can expect a few more cases to be dismissed by next month. Stay tuned for updates on all ongoing copyright and trademark lawsuits.

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

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  A settlement conference was held on February 21, 2023, apparently with no success, as the Court opines “it does not appear that another settlement conference at this time would be productive.” On March 3, 2023, Noble Roman’s filed its Reply Brief for its Motion for Partial Summary Judgment.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On February 22, 2023, a hearing was held on the Defendant’s Motion to Compel. The Court ruled on March 10, 2023 that the Plaintiff must produce an unredacted document. On March 14, the parties filed a joint motion to continue dispositive motion deadlines.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A new attorney, Lenny Huang, has appeared on behalf of the Defendants and the original attorneys have withdrawn.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – A Notice of Settlement was filed on March 2, 2023 and the Court has ordered dismissal documents to be filed within 30 days.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A discovery conference was held on February 27, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) –  More motions were filed in the last month, including a successful Motion to Strike filed by the Plaintiff.

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 this month.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The parties held a successful Settlement Conference on March 14, 2023. The Court has ordered the filing of dismissal documents within 30 days.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The parties held a successful Settlement Conference on March 2, 2023. The Court has ordered the filing of dismissal documents by March 15, 2024.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  The Plaintiff filed a Motion for Default Judgment on February 28, 2023.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – No update this month.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – The Defendant HG Autotech had attorneys appear on February 22, 2022 who promptly filed a Motion to Dismiss on the same day and then a Motion to Withdraw two days later on February 24, 2022. Defendant Darby’s Motion to Dismiss is now fully-briefed.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A Telephonic Initial Pretrial Conference is scheduled for April 3, 2023.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On February 28, 2023, Defendant Brown filed a Motion to Dismiss.

The Plaintiff’s Response was filed on March 14, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  No update yet.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – The deadline for Defendant’s responsive pleading was extended to March 16, 2023. A telephonic pretrial conference is scheduled for April 6, 2023.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On February 27, 2023, Delta Faucet Company filed a Motion for Alternative Service of Process.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – The Defendants have waived service of the Complaint. No other updates yet.

Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – Alyssa C.B. Cochran has appeared on behalf of Freedompoint. The deadline to respond to the Complaint has been extended to April 6, 2023.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – No update yet.

February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

The last four weeks have been relatively quiet for Indiana trademark and copyright lawsuits. A few lawsuits settled unceremoniously. Several telephonic conferences were held and some follow-up conferences have been scheduled. A few motions are now fully-briefed, so next month could see several important court orders.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On January 27, 2023, the Court, following advisement by counsel that settlement was reached, ordered that dismissal documents be filed within 30 days.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  AMI has requested a two-day extension of time to February 17, 2023 to reply to the Noble Roman’s Motion for Partial Summary Judgment.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A hearing is schedule on February 22, 2023 on Defendant’s fully-briefed Motion to Compel Documents from Plaintiff.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The parties held a telephonic status conference on February 9, 2023 and another is scheduled on March 8, 2023.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) –  The parties held a telephonic status conference on February 2, 2023 and another is scheduled on February 22, 2023.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The parties held a telephonic status conference on February 10, 2023 and another is scheduled on March 23, 2023.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – On January 27, 2023, the lawsuit was dismissed with prejudice, all parties bearing their own costs and attorneys’ fees.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) –  Motions, responses, and replies, oh my. This case has seen nearly 20 filings in the last month, so if you’re following along with this lawsuit, go check out PACER for all the details.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – On January 20, 2023, the lawsuit was transferred to the Western District of Washington and assigned case number 2:23-cv-00116.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – On January 27, 2023, BMI filed a Motion for Default Judgment.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The parties held a telephonic status conference on January 9, 2023 and a settlement conference is scheduled on March 13, 2023.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The parties held a telephonic status conference on February 6, 2023 and a settlement conference is scheduled on March 2, 2023.

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

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The Court modified a non-dispositive motion deadline but there we no other updates this month.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On January 26, 2023, Defendant Darby filed a Motion to Dismiss for Lack of Jurisdiction. A telephonic pretrial conference is scheduled for February 22, 2023.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – As of February 10, 2023, the Defendant’s Motion to Dismiss for Lack of Venue is now fully-briefed.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A telephonic pretrail conference is scheduled on April 11, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) – No update yet.

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

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – No update yet.

January 2023 Updates

December 2022 Updates –  December 2021 Updates

There were no new trademark or copyright lawsuits filed in Indiana in the last month. However, there were some interesting developments in existing cases. A Florida husband/wife marketing team never appeared and received a judgment against them for $159,000. Youtube Celebrity Omi in a Hellcat filed an Amended Counterclaims further asserting his ownership of the RELOADED brand and momentarily rendering moot a Motion to Dismiss. Puma has filed its answer to Brooks’ counterclaims, setting up an epic shoe design battle that could last all of next year. The Court in The Center for Gestalt Development lawsuit is currently deliberating on a fully-briefed Motion to Stay of Proceedings and to Require Plaintiff to Pay Defendant’s Costs of Previously Dismissed Suit. Read on below for details on all pending lawsuits.

Happy holidays to everyone. See you in January for all the latest Indiana Intellectual Property Litigation 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) – Deadlines in the Scheduling Order have been continued via motion.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – An Amended Complaint was filed on November 29, 2022. On December 14, 2022, the parties filed a Joint Status Report hinting at an impending discovery dispute.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) –  The parties have filed their Witness and Exhibit Lists.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) –  A Motion for Default Judgment was filed by the Plaintiff on November 21, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The case has been assigned to Mark J. Dinsmore. The new case number is 1:22-cv-02246-JPH-MJD.

Reid v. Stephenson (SD, filed 1/27/2022) – The case has been assigned to Mark J. Dinsmore. The new case number is 1:22-cv-00205-JRS-MJD.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Plaintiff filed its Answer to Counterclaims on November 22, 2022. The Defendants then filed an Amended Answer to Complaint on December 7, 2022. The Plaintiff has until December 23, 2022 to reply to the Amended Counterclaims.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On December 8, final judgment was entered and the Plaintiff was awarded $150,000 in statutory damages, reasonable attorneys’ fees in the amount of $7,714.22 and reasonable costs in the amount of $2,007.52.

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

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Puma filed its Answer to Counterclaims on November 23, 2022.

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 this month. 

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – Trial has been set for March 11, 2024 (Yes, that’s 2024. “The wheels of justice grind slow but grind fine.” – Sun Tzu).

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – A telephonic status conference is scheduled for January 6, 2023.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – The plaintiff filed a Motion for Clerk’s Entry of Default on December 6, 2022.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The Court entered a Scheduling Order on December 6, 2022.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – On December 5, 2022, Defendant filed a Motion to Dismiss for Lack of Jurisdiction.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On November 29, 2022, the case was reassigned to Judge Richard L. Young and Magistrate Tim A. Baker. The new case number is 1:22-cv-02185-RLY-TAB. The Court has yet to rule on the Defendant’s fully-briefed Motion to Stay of Proceedings and to Require Plaintiff to Pay Defendant’s Costs of Previously Dismissed Suit.

November 2022 Updates – October 2022 Updates – 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