This month’s Indiana IP litigation updates are dedicated to John Brannon, a legend of the Indiana IP community, who was laid to rest today. RIP John.

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.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The lawsuit was dismissed with prejudice on February 16, 2024.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A 5-day jury trial was held from February 28, 2024 to March 4, 2024. The jury issued a verdict in favor of the plaintiff on March 5, 2024, finding that there was willful infringement and that the defendant had profits of $2,000,000 from the infringement.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon is apparently getting fed up with this lawsuit and has gone on the offensive, seeking to recover around $16,000 in fees from opposing a prior motion, and a motion for sanctions against the plaintiff’s attorney based on a discovery dispute. A discovery conference was held on March 5, 2024, where they presumably were able to address and hopefully resolve the dispute.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On February 21, 2024 and February 27, 2024, the Court ruled on several pending motions. Defendant Bartel must file a written response by March 22, 2024, explaining why he should not be sanctioned to pay Plaintiff’s costs and attorneys’ fees and/or be restricted in his ability to file any further motions in this case without first seeking leave of court. Defendant Havel has been ordered to confer with the plaintiff’s counsel to resolve a discovery dispute prior to March 31, 2024.

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 Court has ordered the filing of dismissal documents by May 10, 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) –  The plaintiff filed an Amended Complaint on February 21, 2024. Defendant filed a notice of extension of time until March 22, 2024 to respond to the Amended Complaint.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – A Joint Motion for Protective Order was filed on March 13, 2024. No other updates this month.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – The Court has received notice of settlement and ordered the filing of dismissal papers by April 27, 2024. The settlement conference scheduled for April 10, 2024 has been vacated.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – Donald G. Orzeske has entered an appearance on behalf of the defendant.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – The plaintiff filed a stipulation to the selection of a mediator on March 1, 2024.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – No update this month. Dismissal papers are due by March 24, 2024.

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  The defendants were served on February 15, 2024, and their answer was due on March 7, 2024, which they did not file. The plaintiff filed a Motion for Clerks Entry of Default on March 11, 2024, and a Clerks Entry of Default was issued on March 12, 2024.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) –  The plaintiff was required to mail its prior filed motions to the defendant’s registered agent, which they completed on March 5, 2024.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – On February 22, 2024, the plaintiff filed its responses to two Motions to Dismiss filed last month, and the defendant filed its replies on February 29, 2024. The plaintiff tendered a Case Management Plan on March 8, 2024.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – No update this month.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – The defendants filed an Answer on March 1, 2024, which was subsequently stricken from the record on March 12, 2024 for apparent inadequacies. The Court has afforded the defendants until May 10, 2024 to secure counsel or face sanctions. Uly S. Gunn has appeared pro hac vice on behalf of the plaintiff.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – Matthew J. Kramer has appeared pro hac vice on behalf of the plaintiff. The defendants were served on March 13, 2024.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – The defendant was served on March 1, 2024.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – Angela Kelver Hall and Jason M. Rauch have appeared on behalf of the defendant.

February 2024 Updates – January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates

Happy holidays to every reader of the Indiana Intellectual Property Blog. It was a quiet month in Indiana copyright and trademark litigation as most litigators turned to their turkey and pie, but a few lawsuits did manage to settle, presumably because of influence of the holiday spirit. A new lawsuit involving a short music clip used in a 2016 social media post should serve as a warning to all businesses to set aside time in the new year to audit old social media content. Read on below for the latest updates on all pending IP litigation and we’ll see you next in 2024.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On December 12, 2023, the defendants filed a Motion to Dismiss the lawsuit with prejudice, based on a settlement in a bankruptcy proceeding.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month. Dismissal papers are due by February 7, 2024.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month. Trial is scheduled on February 27, 2024.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon filed an Amended Answer to Complaint on December 12, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several new motions were filed over the last month. So many, in fact, that the Court has prohibited the filing of any new motions without the Court’s permission. Defendant Havel filed a rare Motion for Preliminary Injunction on Plaintiffs Registering New Copyrights and/or Trademarks, to which the Plaintiff filed a strong response on December 4, 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, apart from a letter being returned undeliverable.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – Defendant Robine filed an Amended Answer to Complaint on December 8, 2023. A telephonic status conference is scheduled on December 18, 2023.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – The Defendants’ deadline to file their Response to Plaintiff’s Motion to Dismiss is to December 26, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – No update this month. Per Court order, dismissal papers are due by January 25, 2024.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On December 8, 2023, final judgment was entered in the mount of $5,402,245, along with a permanent injunction, and the lawsuit was closed.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The lawsuit was dismissed with prejudice on November 16, 2023.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – A Settlement Conference was held on December 7 and 8, 2023, and the lawsuit was settled. A Stipulation of Dismissal was filed on December 14, 2023.

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) –  A trial date has been set on May 5, 2025. A final pretrial conference will be held on April 17, 2025.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – A Scheduling Order was entered on December 5, 2023 and the parties filed their Corporate Disclosure Statements.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – On December 13, 2023, the defendant requested, via unopposed motion, to extend its deadline to respond until January 3, 2024.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – The plaintiff has requested an extension of time to respond to the counterclaims in the Answer.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – An Amended Answer to Complaint was filed on December 8, 2023. Discovery deadlines were set via Scheduling Order on December 11, 2023.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – Matthew J. Clark has entered an appearance on behalf of the defendant.

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) – No update yet.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) –  The defendant did not file an Answer by the December 11, 2023 deadline.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – On November 21, 2023, the Court entered an Order requiring the plaintiff to file a separate motion for preliminary injunctive relief, as the Complaint contained a request for a preliminary injunction. That’s a little more work than you usually would expect in a photography lawsuit, which typically settle early, so we’ll see whether the plaintiff follows up on their initial request for the preliminary injunction.

Matsumoto v. Pho Real LLC (SD 11/15/2023) – Robert L. Nicholson has entered an appearance on behalf of the defendant. On December 14, 2023, the defendant filed a Notice of Parties’ First Extension of Time.

Watson Music Group, LLC v. Borshoff, Inc. (SD 11/22/2023) – No update yet.

November 2023 Updates – October 2023 Updates – September 2023 Updates

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