February 2024 Indiana Intellectual Property Litigation Update
The previous month brought closure for several Indiana intellectual property lawsuits, with a higher than usual number of dismissals. Two new trademark lawsuits were filed since last mont’s update, involving the unauthorized sale on Amazon of animal health supplements and a breach of an ice cream shop franchise agreement. Read on below for the latest updates on all pending Indiana copyright and trademark lawsuits:
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A Stipulation of Dismissal with prejudice was filed by the Plaintiff on February 8, 2024.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The Defendant filed a Corporate Disclosure Statement on January 29, 2024.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A telephonic discovery conference was held on January 29, 2024, followed by several discovery-related motions. Subsequently, the Court reset a telephonic discovery conference scheduled for March 1, 2024 to an in-person discovery conference on March 5, 2024.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – One of the Plaintiff’s attorneys filed a motion to withdraw on January 30, 2024. No substantive update this month.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – The Plaintiff filed a Stipulation of Dismissal against all Defendants on January 18, 2024.
Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – On February 8, 2024, the Plaintiff filed a Motion for Default Judgment. “Head-in-the-sand” time is running out quickly for the Defendants in this lawsuit.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – The parties held a Discovery Conference on January 25, 2024 to determine the appropriate location for the deposition of the Plaintiff.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A Status Conference was held on February 9, 2024. The parties apparently have one remaining settlement term to negotiate.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – The lawsuit was dismissed via a Joint Stipulation to Dismiss on January 26, 2024.
Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – On February 1, 2024, Magistrate Judge John E. Martin was added in place of Magistrate Judge Joshua P. Kolar. Candace C. Dickson has withdrawn from representation of the Plaintiff.
National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) – No update this month.
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) – Lyle R. Hardman and Eric M. Wilkins have entered an appearance on behalf of the Defendants and their original counsel has withdrawn.
Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – The Plaintiff filed its Preliminary Witness and Exhibit List on January 26, 2024.
Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – The parties filed the Preliminary Exhibit and Witness Lists on February 12, 2024.
Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – No update this month.
Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – The parties have settled and must file dismissal papers by March 24, 2024.
Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) – The Plaintiff has been granted until March 3, 2024, to serve the Defendants.
Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – The Plaintiff filed an Amended Motion for Default Judgment on February 2, 2024.
Stross v. Homestead Properties, Inc. (SD 11/09/2023) – Here’s something we don’t often see…a Defendant has decided to push back substantively on a photography copyright lawsuit rather than immediately settle. On February 4, 2024, the Defendant filed two Motions to Dismiss, a jurisdictional challenge under 12(b)(1) and a failure to state a claim under 12(b)(6). Just like that, this lawsuit went from dull to very interesting. The Defendant is represented by Charles E. McFarland.
Matsumoto v. Pho Real LLC (SD 11/15/2023) – The lawsuit was dismissed on January 25, 2024 pursuant to a Joint Stipulation of Dismissal.
Watson Music Group, LLC v. Borshoff, Inc. (SD 11/22/2023) – The lawsuit was dismissed on February 13, 2024 via a Stipulation of Dismissal filed by the Plaintiff.
Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – An Amended complaint was filed on January 12, 2024.
Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – No update yet.
Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – No update yet.
December 2023 Updates – December 2022 Updates – December 2021 Updates
