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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Northern District of Indiana

Mid-June 2022 Indiana Intellectual Property Litigation Update

15 Wednesday Jun 2022

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

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Litigation Update, Northern District of Indiana, Southern District of Indiana

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.

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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.

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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.

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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.

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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

Indiana Trademark Litigation Update – Agdia Inc. v. Jun Qiang Xia et al

17 Tuesday Feb 2015

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trademark

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Christopher A. Nuechterlein, Common Law Trademark Infringement, Common Law Unfair Competition, Cyberpiracy, False Advertising, False Designation of Origin, Jon E. DeGuilio, Litigation Update, Northern District of Indiana, Trademark Infringement

Jun Q. Xia was employed by Agdia until 2001. After leaving the company, Xia allegedly violated the terms of a non-competition agreement. The ensuing lawsuit was resolved by a permanent injunction order in 2002. Later, Xia formed AC Diagnostics, which directly competes with Agdia. The AC Diagnostics website, acdiainc.com, is only one letter different than Agdia Inc and Xia allegedly covertly embedded the Agdia name into the website so that it was searchable without being visible.

Agdia Incorporated v. Jun Qiang Xia and AC Diagnostics, Inc.

Court Case Number: 3:15-cv-00075
File Date: Monday, February 16, 2015
Plaintiff: Agdia Incorporated
Plaintiff Counsel: James M. Lewis, Michael J. Hays of Tuesley Hall Konopa LLP
Defendant: Jun Qiang Xia, AC Diagnostics, Inc.
Cause: Trademark Infringement, False Designation of Origin and False Advertising, CyberPiracy, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Magistrate Judge: Christopher A. Nuechterlein

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Indiana Copyright Litigation Update – Micromatic LLC v. Infor Global Solutions Michigan Inc

22 Saturday Sep 2012

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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Breach of Contract, Declaratory Judgment, Jon E. DeGuilio, Northern District of Indiana, Roger B. Cosbey

Micromatic LLC v. Infor Global Solutions Michigan Inc

Court Case Number: 1:12-cv-00330-JD-RBC
File Date: Friday, September 21, 2012
Plaintiff: Micromatic LLC
Plaintiff Counsel: Jeremy J Grogg, Michael A Barranda of Burt Blee Dixon Sutton & Bloom LLP
Defendant: Infor Global Solutions Michigan Inc
Cause: Declaratory Judgment (No Breach of Contract)
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

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Indiana Copyright Litigation Update – Third Degree Films v. John Does 1-26

12 Wednesday Sep 2012

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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Contributory Infringement, Copyright Infringement, Joseph S. Van Bokkelen, Northern District of Indiana, Paul J. Nicoletti, Paul R. Cherry, Teens in Tight Jeans

Third Degree Films Inc v. John Does 1-26

Court Case Number: 4:12-cv-00048-JVB-PRC
File Date: Tuesday, September 11, 2012
Plaintiff: Third Degree Films Inc
Plaintiff Counsel: Paul Joseph Nicoletti of Nicoletti & Associates, PLLC
Defendant: John Does 1-26
Cause: Direct Copyright Infringement, Contributory Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

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Indiana Trademark Litigation Update – 1st Source Bank v. Firstsource Solutions Limited

07 Friday Sep 2012

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trademark

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Cancellation of Registrations, Christopher A. Nuechterlein, Dilution, Northern District of Indiana, Philip P. Simon, Service Mark Infringement, Trademark Infringement, Unfair Competition

1st Source Bank v. Firstsource Solutions Limited et al

Court Case Number: 3:12-cv-00480-PPS-CAN
File Date: Thursday, September 06, 2012
Plaintiff: 1st Source Bank
Plaintiff Counsel: Patrick David Murphy of Boveri Murphy Rice LLP
Defendant: Firstsource Solutions Limited, Firstsource Solutions USA Inc, Firstsource Advantage LLC, Firstsource Financial Solutions Inc
Cause: Service Mark Infringement, Unfair Competition, Dilution, Cancellation of Registrations
Court: Northern District of Indiana
Judge: Chief Judge Philip P Simon
Referred To: Magistrate Judge Christopher A Nuechterlein

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