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

One new trademark lawsuit was filed in Indiana in the last month. Several pending cases are in the “middlegame” phase of repeated telephonic status conferences. The Munster, Indiana-based Buttermilk Pancake House has filed its Answer, along with a counterclaim for cancellation of the Plaintiff’s BUTTERMILK CAFÉ trademark registration. Noble Roman’s scored a big win with the Court granting summary judgment on several important claims. See below for the latest updates on all pending trademark and copyright lawsuits in Indiana.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ deadline to complete settlement has been extended by motion to August 28, 2023.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  In a big win for Noble’s Roman’s, on July 25, 2023, the Court granted Noble Roman’s Motion for Partial Summary Judgment. Breach of contract claims for underreporting sales and trademark infringement claims against a particular store were not included in the Summary Judgment. However, Noble Roman’s did receive a positive outcome on the following issues: (1) whether the AMI Stores breached the respective Franchise Agreements; (2) whether the AMI Stores violated the Lanham Act; (3) whether Noble Roman’s fraudulently induced the AMI Stores to enter into the Franchise Agreements; and (4) whether Noble Roman’s violated the Florida Deceptive and Unfair Trade Practices Act.

On July 31, 2023, the Court granted in part the Defendants’ Motion to Amend Counterclaim, allowing the Defendants to file an amended counterclaim asserting breach of contract claims but omitting their other claims per the Partial Summary Judgment.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The Plaintiff’s motion to exclude one of Defendant’s experts is now fully-briefed, as of July 19, 2023. No other updates.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon filed a Motion to Stay Discovery on July 25, 2023. On August 15, 2023, the Plaintiff filed a sealed Response to that motion. A virtual settlement conference is scheduled on August 31, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – An Amended Complaint was filed on July 24, 2023. Defendant Bartel filed an Answer to Amended Complaint on August 15, 2023.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  This lawsuit is still awaiting formal dismissal but the Court reports it has been settled.

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

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  The parties held a Telephonic State Conference on July 18, 2023 and another is scheduled for August 23, 2023.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – The Defendant’s Motion to Dismiss for Lack of Venue was denied on July 31, 2023. Defendant Bowman filed an Answer on August 14, 2023.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A telephonic status conference was held on July 20, 2023. The next status conference is scheduled on November 6, 2023.

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

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

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – Via motion, Plaintiff has been granted until September 24, 2023 to respond to the Defendants’ Motion to Dismiss (filed on July 5, 2023).

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The parties held an initial pretrial conference on August 1, 2023, wherein counsel reported that the case was settled. The parties must file a stipulation of dismissal by August 29, 2023.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – A telephonic initial pretrial conference is scheduled on August 22, 2023.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on September 14, 2023. The Defendant, the Buttermilk Pancake House of Munster, Indiana, filed its Answer on August 11, 2023, including a counterclaim for Cancellation of the Plaintiff’s trademark registration for BUTTERMILK CAFÉ.

As of today (August 16, 2023), the Buttermilk Pancake House has not yet filed a formal Cancellation Proceeding with the Trademark Trial and Appeal Board, presumably keeping that option available for negotiation purposes.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) – The case was reassigned to Judge Philip P. Simon on July 17, 2023. Summons were issued on August 3, 2023.

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – A Final Judgment was entered on August 3, 2023, dismissing all claims without prejudice. The Court granted the parties’ Agreed Permanent Injunction.

Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn (ND 5/24/2023) – No update this month.

DCG Indiana, Inc. v. Cardinal XLIII, LLC et al. (SD 6/19/2023) – After a flurry of motions and answers in late July, the lawsuit was remanded to Hamilton County Circuit Court on July 28, 2023. If readers are interested, we can continue to monitor the lawsuit in the Circuit Court.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) – No update this month.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – The Defendants’ deadline to answer the Complaint has been extended by agreed notice to September 13, 2023.

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