Fall is here. The cooling temperatures and falling leaves have brought with them a busy month in Indiana trademark and copyright litigation, including new lawsuits over control valve handle colors and counterfeit lawnmower parts, along with significant developments in many pending cases. Read on for updates on all pending Indiana IP lawsuits and let us know in the comments which lawsuits you are following most closely.
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties have been granted until October 27, 2023 to complete settlement.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A telephonic status conference is scheduled for November 17, 2023.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On September 15, 2023, the Court granted in part and denied part the plaintiff’s summary judgment motion. The plaintiff filed its Trial Brief along with related trial documents on October 9, 2023. On October 13, 2023, the defendant filed a motion to amend/correct the Court’s September 15 Order. The Court had apparently used ambiguous language regarding the plaintiff’s priority rights to its trademark.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On October 4, 2023, Amazon filed its Answer to Amended Complaint. In its counterclaims, Amazon seeks cancellation of several of the plaintiff’s trademark registration along with declaratory judgment of non-infringement.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – The parties are deep into discovery and there were numerous motions and filings over the last month, including two of the defendants’ responses to interrogatories. If you are following this lawsuit closely, these new filing may give you some additional interesting information.
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) – Due to lack of activity, the Court issued an Order to Show Cause on October 3, 2023. The plaintiff filed its response on October 10, 2023, advising that, having served the Georgia Secretary of State, it would soon be filing a new entry of default.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – This lawsuit was transferred to the Middle District of Louisiana on September 27, 2023.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On October 6, 2023, the defendant filed a Motion for Leave to File Early Summary Judgment. The Defendant seeks early summary judgment on the single issue of whether the Plaintiff owned any cause of action for copyright infringement occurring before it was assigned the subject copyright.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On October 6, 2023, the Court granted defendant Brown’s Motion to Dismiss for lack of personal jurisdiction and denied the Defendants’ partial Motion to Dismiss Count III and Count VI for failure to state a claim. For the meantime, the lawsuit will continue without Defendant Brown.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On September 27, 2023, the Court denied the plaintiff’s Motion to Bifurcate filed in June 2023. The Court stated that the defendant’s “allegations of prejudice and inefficiency are generic and vague; ultimately, they are insufficient to convince the Court that bifurcation is justified in this case.”
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On September 26, 2023, Delta Faucet filed a Motion for Default Judgment against Defendant Watkins.
Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – The lawsuit was dismissed with prejudice on September 19, 2023.
Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The parties have been granted until October 30, 2023 to file dismissal paperwork.
HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – The plaintiff filed a Motion for Preliminary Injunction on October 3, 2023. On October 10, 2023, the plaintiff filed its response in opposition to the Motion to Transfer Venue. A Status Conference was held with the Court on October 12, 2023.
Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – A Rule 16 Pretrial Conference was held on September 19, 2023. Discovery deadlines have been set.
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’s time to serve the defendant has been extended to November 7, 2023.
Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On September 26, 2023, the defendants filed their Answer to Amended Complaint, along with several standard Affirmative Defenses, including a correction to their arcade location. The defendants are represented by Nicholas T. Otis of Newby Lewis Kaminski & Jones, LLP.
Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – No update this month.
Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – No update yet.
Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – No update yet.
August 2023 Updates – July 2023 Updates – June 2023 Updates – May 2023 Updates
April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates
Indiana Intellectual Property Blog 