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

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