September 2024 Indiana Intellectual Property Litigation Update

Fall is a time of transition, and that holds true for Indiana IP litigation. Read on below for the latest updates on all pending Indiana trademark and copyright lawsuits. Which lawsuits are you following most closely?

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) –  On September 19, 2024, the Court ordered the clerk to enter an amended judgment awarding Forest River $5,561,943.00 in disgorged profits, $244,623.00 in prejudgment interest, 1,285,016.99 in attorney fees, and $51,933.43 in costs, with post-judgment interest to accrue in accordance with law.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The parties spent most of the month disputing a September 11, 2024 Order that the plaintiff must pay the defendant $30,000 in attorneys’ fees. As of September 27, 2024, the Order was stayed pending a ruling on the Plaintiffs’ Motion to Reconsider and Objection to the Magistrate Judges Ruling on the Motion for Attorney’s Fees.

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) – A Discovery Conference was held on September 17, 2024, but the parties were unable to resolve the issues. A Motion to Compel and for Sanctions was filed by Defendant Robine on September 19, 2024. The plaintiff’s Response was due by September 28, 2024, but it was not filed. Defendant Robine then filed a Reply on September 30, 2024, requesting sanctions against the plaintiff.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  On September 25, 2024, the Court issued a notice that the lawsuit may be dismissed for failure to serve process.

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

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – A Settlement Conference was held on September 23, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) –  On September 26, 2024, the plaintiff filed a Motion to Compel Discovery.

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 deadline to file a Stipulation of Dismissal has been extended to October 13, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – A Joint Motion for Entry of Stipulated Consent Injunction Order was filed on September 17, 2024.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – On September 25, 2024, the plaintiff filed a Motion for Proceedings Supplemental, including interrogatories to two banks, in an attempt to enforce the August judgment.

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) – The parties filed a Joint Notice of Selection of Mediator on September 9, 2024.

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) – The lawsuit has settled and dismissal papers are due by September 23, 2024.  

Peugh et al. v. Nadler et al. (SD 5/3/2024) – A Notice of Settlement was filed on September 9, 2024, and the parties must file a Stipulation of Dismissal by October 6, 2024.

NutraMax Laboratories, Inc. et al. v. Abumayyaleh Bros LLC et al. (SD 6/20/2024) – A joint Notice of Tentative Settlement was filed on September 17, 2024. A status update is due by October 17, 2024.

Miller v. Empire News LLC (SD 6/26/2024) – The defendant’s deadline to answer the Complaint has been extended to November 1, 2024.

LifeWise, Inc. v. Parrish (ND 7/2/2024) – Corynne M. McSherry, Victoria J. Noble, and Mitchell L. Stoltz have entered an appearance on behalf of the defendant. A response to the defendant’s Motion to Dismiss was filed on September 16, 2024, to which the plaintiff filed its Reply on September 23, 204. On September 16, 2024, the plaintiff also filed a Motion for Summary Judgment.

Forest River, Inc. v. Sharpline Converting, Inc. (ND 7/2/2024) – JoZeff W. Gebolys, David R. Barnard, and Judith Araujo have entered an appearance on behalf of the defendant.

AWGI, LLC et al. v. Atlas Mover Group LLC et al. (SD 7/15/2024) – On September 19, 2024, the plaintiffs filed a Motion for Clerk’s Entry of Default.

Pepy v. Angie’s Lists, Inc. d/b/a Angi (SD 7/18/2024) – The defendant’s time to respond to the Complaint has been extended to October 14, 2024.

Hiker Industries, LLC v. Hyk Outdoors LLC (SD 8/5/2024) – The defendant’s time to respond to the Complaint has been extended to October 18, 2024.

My Market LLC v. Bath Markets Inc. et al. (SD 8/6/2024) – The Complaint was served on September 26, 2024. No other updates.

Legacy Chiropractic, LLC v. Legacy Family Chiropractic LLC (8/9/2024) – William A. Ramsey and Gurleen Kahlon have entered an appearance on behalf of the defendant.

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