August 2024 Indiana Intellectual Property Litigation Update

August was a busy month for Indiana IP litigators. Several new lawsuits were filed, along with numerous motions and responses, and it’s clear that there’s plenty of discovery going on behind the scenes. Read on below for updates on all pending Indiana copyright and trademark lawsuits, including some of the more interesting filings:

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

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A Telephonic Discovery Conference was held on August 7, 2024 and another is scheduled for September 4, 2024. There are pending motions for sanctions, to dismiss counterclaims, and for a protective order.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – No update this month.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – A Discovery Conference was held on August 2, 2024, to deal with an issue in a live deposition.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – The lawsuit was dismissed with prejudice on August 15, 2024.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – A few discovery motions are now fully briefed and awaiting the decision of the Court.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – Discovery is due by October 11, 2024 and Dispositive Motions are due by November 14, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  No update this month.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) – No update this month.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – A Notice of Settlement was filed on August 12, 2024. Dismissal papers are due by September 13, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – A final Order was entered on August 16, 2024. The Plaintiffs were awarded $54,692.57 in monetary damages, $65,721.31 in attorneys’ fees, and $1,077.70 in costs. A permanent injunction was also entered against the Defendants, who never appeared in the lawsuit.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – No update this month.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – Pursuant to the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J. Frankel. On August 29, 2024, the Defendant filed an Expedited Motion to Amend the September 9, 2024 Scheduling Order Deadline to File a Motion to Recuse or Disqualify.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – A Motion for Clerks Entry of Default was filed on August 7, 2024. Clerks Entry of Default was entered on August 9, 2024.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. (SD 4/11/2024) – No update this month.

Howarth v. My Sauna World LLC (SD (4/29/2024) – No update this month.

Peugh et al. v. Nadler et al. (SD 5/3/2024) – The Plaintiff filed an Amended Complaint on August 15, 2024. The Defendants’ Answer was filed on August 29, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – No update this month.

Miller v. Empire News LLC (SD 6/26/2024) – No update this month.

LifeWise, Inc. v. Parrish (ND 7/2/2024) – On August 26, 2024, the Defendant filed a Motion to Dismiss for Failure to State a Claim. A Telephonic Hearing was held on August 28, 2024.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – The Defendant filed its Answer on August 26, 2024.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – No update this month.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – Alejandra Reichard and Jonathan P. Froemel have entered an appearance on behalf of the defendants.

Hiker Industries, LLC v. Hyk Outdoors LLC (SD 8/5/2024) – No update yet.

My Market LLC v. Bath Markets Inc. et al. (SD 8/6/2024) – No update yet.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC (8/9/2024) – The Defendant was served on August 15, 2024. The Answer is due by September 5, 2024.

July 2024 Updates – June 2024 Updates – May 2024 Updates

April 2024 Updates – March 2024 Updates – February 2024 Updates – January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates