Tag Archives: Litigation Update

Mid-August 2022 Indiana Intellectual Property Litigation Update

15 Monday Aug 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

Summer is winding down and schools are starting to get back in session. The federal courts in Indiana have had a busy close to the summer as they continue to move existing copyright and trademark lawsuits toward resolution. A few interesting new cases were filed in the last month, including claims of counterfeiting, non-payment of wages, and copyright infringement.

What lawsuits are you following most closely?

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The Plaintiff filed its Response to the Motion for Summary Judgment on August 12, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – Noble Roman’s filed a motion to extend deadlines on August 12, 2022.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month.  

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties filed a Motion to Vacate Settlement Conference and Notice of Settlement on August 1, 2022. The parties have been granted until August 30, 2022 to file a Stipulation of Dismissal.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On July 28, 2022, the Defendant filed an Opposition Proceeding with the Trademark Trial and Appeal Board against the DELLA TERRA trademark application.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – A Protective Order was entered on August 11, 2022, presumably to protect the terms of settlement. The parties are awaiting the Court’s order on a fully-plead (as of August 8) Motion to Enforce Settlement Agreement.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update this month.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On July 19, 2022, the Plaintiffs filed a Motion to Strike Reply to Response to Motion in support of the Motion to Transfer Venue. Amazon filed its Response on July 29, 2022 and the Plaintiffs’ Reply (below) was filed on August 12, 2022. A telephonic conference is scheduled for August 18, 2022.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The Court has ordered that dismissal documents be filed by September 16, 2022.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – The lawsuit was dismissed on August 9, 2022 following entry of a Consent Judgment.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – On August 12, 2022, the Plaintiff filed a Motion to Compel Jurisdictional Discovery. The parties are still working to resolve the jurisdiction issue.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On August 8, 2022, the Plaintiff filed a Motion for Clerk’s Entry of Default.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – The Defendants filed an 82-page Answer (plus 158 pages of Exhibits) on July 26, 2022.

Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – No update yet.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Many attorneys have filed appearances, but no other updates yet.

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 yet.

Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – No update yet.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – No update yet.

July 2022 Updates

June 2022 Updates – May 2022 Updates – April 2022 Updates – March 2022 Updates

February 2022 Updates– January 2022 Updates – December 2021 Updates

Mid-June 2022 Indiana Intellectual Property Litigation Update

15 Wednesday Jun 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

, ,

While all eyes were on the Depp/Heard defamation litigation last month, it was a quiet but interesting month in Indiana Intellectual Property litigation. Amazon and the Ligonier, Indiana-based perfumery have now fully briefed Amazon’s Motion to Dismiss. RE/MAX also seeks to dismiss its Defendants’ counterclaims. YouTuber Omi in a Hellcat is claiming lack of personal jurisdiction and improper venue, although he needed to quickly amend (i.e. increase) their Indiana sales statistics via Declaration after filing a Motion to Dismiss.

Which Indiana intellectual property lawsuits are you following most closely?

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadlines were extended to June 17, 2022.

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

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On June 13, 2022, the Defendant was ordered to pay the Plaintiffs $10,020.50 in attorney’s fees and costs.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On May 27, 2022, the Plaintiffs filed their Reply Brief in support of their Motion to Dismiss Defendants’ Counterclaims.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. The parties have until July 1, 2022 to file dismissal documents.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update this month.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The Plaintiffs filed their Response to the Defendants’ Motion to Dismiss on May 20, 2022. Amazon filed its Reply Brief on May 27, 2022. On June 8, 2022, the Plaintiffs filed a Response to the Motion to Transfer Case.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – The lawsuit was dismissed on May 26, 2022.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The parties held a telephonic status conferences on June 13, 2022. A status report regarding settlement must be filed by July 15, 2022.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – No update this month.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. Shortly thereafter, a Declaration was filed by Defendants correcting the data in the Motion re: Indiana sales.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On June 2, 2022, the Plaintiff’s Motion for Default Judgment was denied because the Plaintiff has not yet obtained a Clerk’s entry of default against Defendants.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The lawsuit was dismissed with prejudice and without costs on June 2, 2022.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On June 14, 2022, Defendants Havel and Weaver each filed a Motion for Extension of Time to File Answer.

May 2022 Updates

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

Mid-May 2022 Indiana Intellectual Property Litigation Update

16 Monday May 2022

Posted by in Copyright, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

No new trademark or copyright lawsuits were filed in Indiana in the last 30 days. Several lawsuits were dismissed. All in all, a quiet month and we’ll look forward to more activity as we move into the summer.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – The parties have jointly stipulated to extend the deadlines in their Scheduling Order.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – On May 16, 2022, the parties filed a joint motion to extend discovery deadlines.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – On May 12, 2022, Noble Roman’s filed a Statement of Claims and Defenses.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The lawsuit was dismissed on May 3, 2022.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – The lawsuit was dismissed on April 15, 2022.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – A Motion for Attorney’s Fees was filed.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties have extended discovery deadlines.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Stipulated Protective Order was granted on April 19, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. 

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – A Settlement Conference is scheduled for June 30, 2022.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – On May 12, 2022, the Plaintiff filed a Motion for Entry of Default.

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – The lawsuit was dismissed on April 12, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The Plaintiff filed an Amended Complaint on April 25, 2022. Amazon filed a new Motion to Dismiss on April 29, 2022.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – No update this month.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – A Pretrial Conference was held on May 9, 2022, with future dates set for 2023.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – Steven D. Groth has entered an appearance on behalf of the Defendants.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – A Pretrial Conference is scheduled for June 23, 2022. Robert R. Axenfeld has entered an appearance on behalf of the Defendants.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – The Plaintiff filed a Motion for Default Judgment on May 9, 2022.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The Defendants filed an Answer on April 18, 2022.

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

Omi in a Hellcat Threatens $30 Million Counterclaim in YouTube Response to Trademark Infringement Lawsuit

25 Monday Apr 2022

Posted by in Indiana, Intellectual Property, Litigation, Trademark

≈ Leave a comment

Tags

,

Ordinarily it’s not wise for a client to speak publicly about their ongoing legal proceedings. But when the client is a YouTube celebrity, I guess it’s expected that there will be some type of video response. Omi in a Hellcat, the defendant in a recently-filed Indiana trademark infringement lawsuit involving his Reloaded Merch brand, has posted an explosive video response on YouTube promising a full legal defense along with a $30 million counterclaim.

Presumably the Defendant has received counsel from attorneys, but you’d be hard pressed to figure out what he was told from his video comments. Starting off by accusing the Plaintiff of trying to steal his hard work, the Defendant then indicates that he intends to litigate and file a petition to cancel against the Plaintiff’s RELOADED trademark registration.

The Defendant claims to have evidence of garments created prior to the Plaintiff’s date of first use. If those garments were created under the Reloaded brand (he does not specify in the video) and sold in interstate commerce (again, not specified), that could be useful for proving priority. Actual court filings by the Defendant’s counsel may give us that information.

With no indication that the Defendant will relinquish his Reloaded Merch brand, I’d expect this litigation to be stayed pending the resolution of the TTAB cancellation proceeding, should that be filed today as mentioned in the video. We’ll post the relevant TTAB documents once filed. Stay tuned for updates.

Mid-February 2022 Indiana Intellectual Property Litigation Update

15 Tuesday Feb 2022

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trademark

≈ Leave a comment

Tags

A very quiet month, with few updates and no interesting documents to share. A few lawsuits ended with a whimper and most had no action whatsoever. We’ll see if Intellectual Property litigators get back to business now that the snow is melting in Indiana.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – A final pretrial conference is scheduled for April 27, 2023 and a jury trial will commence on May 15, 2023.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, 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.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – No update this month. 

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month. 

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The parties’ deadline to amend pleadings or join additional parties has been extended to February 23, 2022. 

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties are still in the process of selecting a mediator, with Defendant striking no later than February 15, 2022, and the Plaintiff striking no later than March 1, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The parties held an initial pretrial conference on January 24, 2022. A telephone status conference is schedule on April 25, 2022.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – A Notice of Voluntary Dismissal was filed on February 14, 2022.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – The Defendant filed an Answer on January 20, 2022. On February 8, the Court reported notice of a settlement and the Plaintiff was given thirty days to file a motion to dismiss.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update yet.

AWGI LLC et al. v. Doe (SD, filed 1/7/2022) – No update yet. 

Corson v. Vive Exterior Design, LLC et al. (SD, filed 1/17/2022) – Vive was served with the Complaint on February 9, 2022. No other updates.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The lawsuit was transferred to the Fort Wayne Division on January 28, 2022. No other updates.

Reid v. Stephenson (SD, filed 1/27/2022) – The Complaint was served on a Nolan Cooney on February 2, 2022.

January 2022 Updates

December 2021 Updates