May 2024 Indiana Intellectual Property Litigation Update

May in Indy! While most people are spending their time at the racetrack, Indiana IP litigators are still hard at work. There were numerous settlements in the last month, perhaps because the parties realized they would rather be at the track than in court. Read on below for updates on all pending Indiana trademark and copyright litigation.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – Now post-judgment, the parties are busy figuring out how much the attorneys should be paid.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – There were over 2 dozen filings since last month, so if you’re following this case closely, you’ll want to go check out PACER.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – No update this month.

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) –  No update this month.

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) –  The lawsuit was dismissed on May 7, 2024.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update this month.

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) –  On April 17, 2024, the parties filed a Joint Notice of Settlement. Dismissal papers must be filed by May 30, 2024.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – On May 14, 2024, the Plaintiff filed a Motion to Compel Discovery and accompanying Brief in Support.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Telephonic Discovery Conference is scheduled on May 22, 2024. Position statements are due by May 16, 2024.

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

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  The lawsuit was voluntarily dismissed on May 9, 2024.

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) – The Defendant’s deadline to file a Reply to its Motion to Dismiss has been extended to May 16, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Tentative Notice of Settlement was filed by the Plaintiff on May 9, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On April 23, 2024, the Plaintiff filed Notice of Defendant’s Failure to Show Cause. On May 7, 2024, the Magistrate Judge recommended that the Plaintiff’s Motion for Preliminary Injunction be granted and entry of a default judgment.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – The Defendant filed its Answer on April 19, 2024, including the following affirmative defenses:

1. Plaintiff has failed to state a claim upon which relief can be granted.
2. Plaintiff has not been damaged as a result of Defendant’s alleged conduct.
3. Defendant’s alleged conduct was fair use under 17 U.S.C. § 107.
4. Defendant’s alleged conduct was authorized by or through Plaintiff or its
   licensees or agents, such as the New York Post, through distribution of the accused image on websites, news services, and/or social media accounts subject to terms permitting reuse and/or redistribution.
5. Defendant’s alleged conduct was de minimis and therefore not actionable.

Valcrum, LLC v. Dexter Axle Company, LLC (SD 3/1/2024) – The Defendant filed its Answer on April 22, 2024.

Rigsby v. All Seasons Roofing (ND 3/14/2024) – An Amended Complaint was filed on May 3, 2024.

Optical Tactics, LLC d/b/a Fort Wayne Printing Company v. Allen & Goes Marketing Company (ND 3/29/2024) – The lawsuit was dismissed on May 9, 2024 via a Notice of Voluntary Dismissal.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. (SD 4/11/2024) –

Peugh et al. v. Nadler et al. (SD 5/3/2024) – No update yet.

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

December 2023 Updates – December 2022 Updates –  December 2021 Updates