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

February was a very quiet month in Indiana intellectual property litigation. A few parties filed a Motion to Dismiss in an attempt to avoid litigation in Indiana, but there are no rulings yet. A few settlement conferences were reported as successful, so we can expect a few more cases to be dismissed by next month. Stay tuned for updates on all ongoing copyright and trademark lawsuits.

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 March 27, 2023.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) –  A settlement conference was held on February 21, 2023, apparently with no success, as the Court opines “it does not appear that another settlement conference at this time would be productive.” On March 3, 2023, Noble Roman’s filed its Reply Brief for its Motion for Partial Summary Judgment.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On February 22, 2023, a hearing was held on the Defendant’s Motion to Compel. The Court ruled on March 10, 2023 that the Plaintiff must produce an unredacted document. On March 14, the parties filed a joint motion to continue dispositive motion deadlines.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A new attorney, Lenny Huang, has appeared on behalf of the Defendants and the original attorneys have withdrawn.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – A Notice of Settlement was filed on March 2, 2023 and the Court has ordered dismissal documents to be filed within 30 days.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A discovery conference was held on February 27, 2023.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) –  More motions were filed in the last month, including a successful Motion to Strike filed by the Plaintiff.

Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – No update this month.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – The parties held a successful Settlement Conference on March 14, 2023. The Court has ordered the filing of dismissal documents within 30 days.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The parties held a successful Settlement Conference on March 2, 2023. The Court has ordered the filing of dismissal documents by March 15, 2024.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  The Plaintiff filed a Motion for Default Judgment on February 28, 2023.

Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al. (ND, removed 10/7/2022) – No update this month.

MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – The Defendant HG Autotech had attorneys appear on February 22, 2022 who promptly filed a Motion to Dismiss on the same day and then a Motion to Withdraw two days later on February 24, 2022. Defendant Darby’s Motion to Dismiss is now fully-briefed.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A Telephonic Initial Pretrial Conference is scheduled for April 3, 2023.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – On February 28, 2023, Defendant Brown filed a Motion to Dismiss.

The Plaintiff’s Response was filed on March 14, 2023.

Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) –  No update yet.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – The deadline for Defendant’s responsive pleading was extended to March 16, 2023. A telephonic pretrial conference is scheduled for April 6, 2023.

Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – On February 27, 2023, Delta Faucet Company filed a Motion for Alternative Service of Process.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – The Defendants have waived service of the Complaint. No other updates yet.

Freedom Mortgage Corporation v. Freedompoint, LLC (SD 2/14/2023) – Alyssa C.B. Cochran has appeared on behalf of Freedompoint. The deadline to respond to the Complaint has been extended to April 6, 2023.

Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – No update yet.

February 2023 Updates – January 2023 Updates

December 2022 Updates –  December 2021 Updates