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

Overall, it has been a quiet month in Indiana Intellectual Property litigation. The big Andretti Global lawsuit was removed to federal court on June 19th but may already be headed back down to Hamilton County courts depending on the outcome of a newly-filed Motion to Remand.

Here are the latest updates on all pending Indiana trademark and copyright litigation:

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) –  No update this month.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On June 28, 2023, inTech filed its Response to the Plaintiff’s motion to exclude one of Defendant’s experts.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A Discovery Conference was held on June 16, 2023 and another is scheduled for July 14, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several additional motions were filed over the previous month, including a Motion for Preliminary Injunction filed by the Plaintiff on June 29, 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) –  On June 22, 2023, the Court denied the Plaintiff’s motion for default judgment without prejudice because it had not been properly filed against all the defendants.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  Telephonic status conferences were held on June 28, 2023 and July 6, 2023.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – On July 11, 2023, this lawsuit was consolidated with the other Center for Gestalt Development case.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – No update this month.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On June 16, 2023, the Plaintiff filed its Response in Opposition to the Motion to Bifurcate.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On June 23, 2023, the Court granted Plaintiff’s Motion for Leave to Seek Limited Discovery from Amazon regarding Plaintiff’s damages.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – On July 5, 2023, the Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction. A telephonic Rule 16 Preliminary Pretrial Conference was held on July 12, 2023.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – No update this month.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – The Motion to Transfer Case and Motion to Dismiss for Failure to State a Claim are now fully-briefed as of July 5, 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.

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – On July 12, 2023, Defendant Dulaney filed his Answer and Affirmative Defenses.

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

The Center for Gestalt Development, Inc. v. Robine et al. (SD 6/13/2023) – On July 11, 2023, this lawsuit was consolidated with the other Center for Gestalt Development case. No other updates.

DCG Indiana, Inc. v. Cardinal XLIII, LLC et al. (SD 6/19/2023) – On July 12, 2023, the Plaintiff filed a combined Motion to Amend Complaint and Motion to Remand back to Hamilton County courts.

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

June 2023 Updates – May 2023 Updates

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

Summer is almost here and several Indiana IP lawsuits are starting to heat up. Here are some of the most interesting updates from the previous month:

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.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On May 18, 2023, the Plaintiff filed its Reply Brief in Support of Partial Motion for Summary Judgment.

Fans of discovery disputes may want to follow this lawsuit more closely going forward. On May 18, the Plaintiff also filed its Response to Defendant’s Additional Statement of Material Facts.

On May 31, 2023, the Plaintiff filed a Motion to Exclude Testimony and Opinions of the Defendant’s expert witness.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The lawsuit was dismissed on June 8, 2023.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – In resolving the prior discovery dispute, on June 5, 2023, the Court ordered that the Plaintiffs shall file a revised version of their Exhibit A that is both “text-copyable” and electronically “searchable.” The Court declined to impose sanctions on the Plaintiff’s counsel.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several of Defendant Bartel’s recent motions were stricken by the Court on June 6, 2023. The Court also prohibited the pro-se parties from filing any other motions without the Court’s permission until further order. A status conference was held on June 14, 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.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) –  No update this month.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month but the other individual defendant has transferred their lawsuit from the Eastern District of Pennsylvania to the Southern District of Indiana. See below.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A Uniform Stipulated Protective Order was approved on May 17, 2023. The Defendants filed a Preliminary Exhibit List on May 19, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  The lawsuit was settled and dismissed with prejudice on May 31, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On June 2, 2023, the Defendant filed a Motion to Bifurcate Damages from Liability. The Defendant wants a separate trial to first determine whether liability exists before spending time and energy on any damages calculations.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – An Affidavit of Service for Defendant Watkins was filed on May 22, 2023, with service on April 27, 2023. On May 24, 2023, the Plaintiff filed a Motion for Clerk’s Entry of Default against Defendant Watkins, which was entered on June 14, 2023 for failure to respond.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On June 6, 2023, the case was transferred to the Eastern District of Texas and assigned case number 4:23-cv-00516.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – The response deadline for Defendant Kiley has been extended to July 5, 2023. The Answer for Defendant LA Systems, LLC is due on August 1, 2023.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The Defendant filed its Answer on May 30, 2023. The Answer consists mostly of general denials or “lack of information” responses and includes nineteen affirmative defenses so the Plaintiff can expect to face a vigorous defense. Defense counsel are David J. Carr, Thomas A. Walsh, and Paul C. Sweeney of ICE MILLER LLP.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – On June 7, the Defendants filed a lengthy Motion to Dismiss for Failure to State a Claim and a Motion to Transfer Case.

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 yet.

The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – The Defendants’ counsel have now appeared and first extensions of time have been obtained.

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

The Center for Gestalt Development, Inc. v. Robine et al. (SD 6/13/2023) – No update yet.

May 2023 Updates

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates

There were several interesting filings in intellectual property litigation in Indiana over the last month. Just one new lawsuit was filed and several lawsuits were dismissed, so we may have a shorter list next month for a change. Read on for updates on all pending Indiana trademark and copyright litigation.

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 June 26, 2023.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  No update this month.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On May 4, 2023, the Defendant filed several documents, including a Response Brief in Opposition to Plaintiff’s Partial Motion for Summary Judgment, a Response to Statement of Material Facts, and Additional Material Facts. The submitted information gives much more context to the dispute.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A telephonic status conference was held on May 3, 2023 to discuss discovery status and another is scheduled for June 1, 2023. 

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On May 8, 2023, the Plaintiff filed Motion for Leave to File a Second Amended Complaint. Amazon promptly challenged with a Motion to Strike, claiming “gamesmanship” by the Plaintiff’s attorney, along with failure to comply with the Court’s electronic filing policies, which prohibit converting a usable electronic document into an unusable version and then filing the unusable version. Amazon has requested monetary sanctions against the Plaintiff’s attorney.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On April 27, 2023, Defendant Bartel filed a Motion to Add Evidence Regarding the True and Factual ‘Known Place of Business’ of Plaintiff. The Plaintiff filed its Response on May 12, 2023.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The lawsuit was dismissed with prejudice on April 18, 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. 

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – The lawsuit was dismissed with prejudice on May 3, 2023.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – A Settlement Conference was held on May 5, 2023. The parties have been ordered to provide an update on settlement discussions by May 22, 2023, and every 14 days thereafter.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – Witness lists were filed by both parties, but no other updates this month.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On May 5, 2023, the parties filed a Joint Motion for Protective Order. The Plaintiff files its Preliminary Witness and Exhibits Lists on May 12, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  Defendant Carsforsale.com filed its Answer on April 20, 2023. The Answer includes just one affirmative defense, that any alleged infringement on the part of Carsforsale.com was innocent and without intention.

A Preliminary Pretrial Conference is scheduled for May 23, 2023.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On May 4, the Court granted a Stipulated Protective Order.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On April 18, 2023, Delta Faucet filed a Renewed Motion for Alternative Service of Process, which the Court granted on April 26, 2023. Delta Faucet can now serve the Defendant Watkins via electronic means.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On May 3, 2023, the case was reassigned to Magistrate Judge M. Kendra Klump. The new case number is 1:23-cv-00274-TWP-MKK. The Defendant’s time to answer the Complaint has been extended by motion to May 22, 2023.

Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – The lawsuit has been settled and was dismissed with prejudice on May 11, 2023.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – Summons were issued on May 8, 2023. No other updates.

Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – Defense counsel have filed their appearances and a notice of extension of the response deadline.

HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – No update yet.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update yet.

April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates