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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Southern 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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View this document on Scribd

View this document on Scribd

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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View this document on Scribd

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 Copyright Litigation Update – Third Degree Films v. John Does 1-33

12 Wednesday Sep 2012

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

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BitTorrent, Contributory Infringement, Copyright Infringement, Litigation Update, Mark J. Dinsmore, Paul J. Nicoletti, Sarah Evans Barker, Southern District of Indiana, Teens in Tight Jeans

Third Degree Films, Inc. v. John Does 1-33

Court Case Number: 1:12-cv-01292-SEB-DML
File Date: Tuesday, September 11, 2012
Plaintiff: Third Degree Films, Inc.
Plaintiff Counsel: Paul J Nicoletti of Nicoletti & Associates, PLLC
Defendant: John Does 1-33
Cause: Direct Infringement, Contributory Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

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Indiana Trademark Litigation Update – Noble Roman’s v. Village Pantry

06 Thursday Sep 2012

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

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Breach of Contract, Common Law Trade Dress Infringement, Denise K. LaRue, Federal Unfair Competition, Noble Roman's, Richard L. Young, Southern District of Indiana, Trade Dress Infringement, Unfair Competition, Village Pantry

Noble Roman’s Inc. v. Village Pantry LLC

Court Case Number: 1:12-cv-01252-RLY-DKL
File Date: Wednesday, September 05, 2012
Plaintiff: Noble Roman’s Inc.
Plaintiff Counsel: Curtis T. Jones of Bose McKinney & Evans LLP
Defendant: Village Pantry LLC
Cause: Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, Federal Unfair Competition, Breach of Contract
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Denise K. LaRue

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Indiana Trademark Litigation Update – SBE Licensing v. SC Entertainment

21 Tuesday Aug 2012

Posted by Kenan Farrell in Intellectual Property

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Common Law Trademark Infringement, False Designation of Origin, Sarah Evans Barker, Southern District of Indiana, Tim A. Baker, Trademark Infringement, Unfair Competition

SBE Licensing, LLC v. SC Entertainment LLC et al

Court Case Number: 1:12-cv-01173-SEB-TAB
File Date: Monday, August 20, 2012
Plaintiff: SBE Licensing, LLC
Plaintiff Counsel: James W. Riley, Jr. of Riley Bennett & Egloff, LLP
Defendant: SC Entertainment LLC, Shawn Cannon
Defendant Counsel: Lee J. Eulgen, Katherine Dennis Nye
Cause: Federal Service Mark Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

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Indiana Trademark Litigation Update – Pocket City Construction & Development Company v. Rick Sepulveda

11 Saturday Aug 2012

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

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Common Law Unfair Competition, Richard L. Young, Southern District of Indiana, Trademark Deceptive Consumer Sales Activities, Trademark Infringement, Unfair Competition, William G. Hussmann

Pocket City Construction & Development Company, Inc. v. Rick Sepulveda et al

Court Case Number: 3:12-cv-00119-RLY-WGH
File Date: Friday, August 10, 2012
Plaintiff: Pocket City Construction & Development Company, Inc.
Plaintiff Counsel: Gary K. Price of Terrell Baugh Salmon & Born, LLP
Defendant: Rick Sepulveda, Dr. Roof, Inc., Josh McIntyre
Cause: Trademark Infringement, Unfair Competition, Trademark Deceptive Consumer Sales Activities, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr

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