October 2024 Indiana Intellectual Property Litigation Update
No-file November is here…will Indiana IP litigators be able to withhold from filing any new lawsuits this month? Time will tell. For now, read on below for updates from October on all pending Indiana trademark and copyright litigation:
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) – If you’re following this lawsuit closely, go check PACER, because there are 35 new entries since last month. Most of it involves Amazon’s Motion for Attorney Fees filed on October 4, 2024.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – No update this month.
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) – On October 9, 2024, the Court entered a slightly scathing Order against the plaintiff on Defendant Robine’s Motion to Compel. The plaintiff was ordered to provide a privilege log, amend its discovery responses, and also pay some attorney fees. On October 29, 2024, the plaintiff notified the Court of its compliance, but that was immediately challenged by Defendant Robine the following day with an objection.
National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) – No update this month.
Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – No update this month.
Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Discovery Conference was held on October 28, 2024 and the parties have 10 days to communicate any outstanding discovery requests.
Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – On October 24, 2024, the Court granted the plaintiff’s Motion to Compel, giving the defendants 14 days to supplement their discovery responses.
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 Stipulation of Dismissal was filed on October 11, 2024 and the lawsuit was dismissed on October 15, 2024.
Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Stipulated Consent Injunction Order was entered on October 16, 2024.
Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – Answers to Interrogatories were submitted by both Key Bank and Ally Bank, in furtherance of the plaintiff’s pursuit of garnishment.
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) – No update this month.
Rigsby v. All Seasons Roofing (ND 3/14/2024) – No update this month.
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) – A Stipulation of Dismissal was filed on October 22, 2024 and the lawsuit was dismissed on October 23, 2024.
Peugh et al. v. Nadler et al. (SD 5/3/2024) – Dismissal papers are due by November 7, 2024.
NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – On October 17, 2024, the plaintiff advised the court of ongoing settlement negotiations and a further update will be provided by November 18, 2024.
Miller v. Empire News LLC (SD 6/26/2024) – No update this month.
LifeWise, Inc. v. Parrish (ND 7/2/2024) – The plaintiff has been granted until November 5, 2024 to file a reply in support of its Motion for Summary Judgment.
Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on November 19, 2024.
AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – Clerk’s Entry of Default was entered on October 7, 2024. A Motion for Default Judgment and supporting Brief were filed on October 15, 2024.
Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – The plaintiff filed a Notice of Voluntary Dismissal on October 17, 2024 and the lawsuit was dismissed with prejudice on October 22, 2024.
Hiker Industries, LLC v. Hyk Outdoors LLC (SD 8/5/2024) – The lawsuit has been settled and dismissal papers are due by December 16, 2024.
My Market LLC v. Batth Markets Inc. et al. (SD 8/6/2024) – The Complaint was served as of October 7, 2024.
Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC (ND 8/9/2024) – The defendant filed its Answer on October 2, 2024. A Telephonic Rule 16 Preliminary Pretrial Conference is scheduled on November 26, 2024.
BCW Diversified, Inc. v. Ultra Pro International, LLC (SD 9/30/2024) – Waiver of service was executed on October 29, 2024. Kathryn Kent has filed an appearance on behalf of the plaintiff.
Jumpstart Communications LLC v. Jumper et al. (ND 10/22/2024) – No update yet.
EE Holding Group LLC v. PDGROWTH LLC et al. (SD 1o/25/2024) – No update yet.
Delta Faucet Company v. Bundrick et al. (SD 10/28/2024) – No update yet.
August 2024 Updates – 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
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