April 2024 Indiana Intellectual Property Litigation Update

It has been a mostly quiet month in Indiana IP litigation, with a few dismissals and several judge reassignments. Read on below for updates on all pending Indiana copyright and trademark litigation. Leave a comment about which case(s) you are following most closely.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) –On March 29, 2024, the Plaintiff received a judgment for $2 million, along with a permanent injunction. On April 3, 2024, the Plaintiff filed a Motion for Attorney Fees requesting an additional $1.26 million for attorneys’ fees, $5.56 million for profit disgorgement, and $244,000 in prejudgment interest.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Over the last month, the parties made numerous filings pertaining to discovery disputes and attorney fees.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On March 21, 2024, Defendant Bartel filed a response to the Court’s Order to Show Cause addressing whether he should be sanctioned for repetitive and baseless motions.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  No update this month. The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  On April 4, 2024, a Closed Final Judgment was entered. The Plaintiff was awarded $186,000 in contractual damages and $84,000 in contractual attorney fees.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) –  No update this month.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  On March 25, 2024, the case was reassigned to Judge Cristal C. Brisco for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  An initial pretrial conference is scheduled on May 8, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On March 25, 2024, the case was reassigned to Judge Cristal C. Brisco for all further proceedings. Judge Damon R. Leichty is no longer assigned to the case.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – A Joint Stipulation of Dismissal was filed on March 18, 2024 and the case was dismissed by the Court the following day.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Status Conference was held on March 27, 2024. An in-person settlement conference is scheduled on September 23, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – A Joint Stipulation of Dismissal was filed on March 22, 2024 and the case was dismissed by the Court on March 25, 2024.

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  A Notice of Settlement was filed on April 9, 2024. The Court has ordered the filing of dismissal papers by May 10, 2024.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Philip P. Simon is no longer assigned to the case.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – The Court has ordered the Plaintiff to refile its two prior-filed Motions to Dismiss as a single motion, which the Plaintiff did on April 5, 2024.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – A Notice of Voluntary Dismissal was filed by the Plaintiff on April 11, 2024 and the case was terminated.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – On March 25, 2024, the case was reassigned to Judge Gretchen S. Lund for all further proceedings. Judge Damon R. Leichty is no longer assigned to the case.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – The Defendants failed to appear at an Status Conference on April 12, 2024. The Defendants have been ordered to show good cause for their failure to appear by April 22, 2024.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – An initial pretrial conference is scheduled on May 8, 2024.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – The Defendant’s time to answer has been extended by agreed notice to April 22, 2024. G. Thomas Williams III has appeared pro hac vice on behalf of the Defendant.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – No update yet.

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goes Marketing Company (ND 3/29/2024) – No update yet.

March 2024 Updates – February 2024 Updates – January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates