This new copyright lawsuit is a refile of the recently-terminated January lawsuit between two Chinese corporations, now also naming an individual defendant living in Hong Kong. The lawsuit involves alleged infringing sales on Amazon.com of a knockoff of plaintiff’s “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements. Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al. Court Case Number: 1:24-cv-00644-JRS-MG File Date: April 11, 2024 Plaintiff: Guangzhou Shima Decoration Mate ..read more

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 disgorg ..read more

The defendant in the latest Indiana copyright lawsuit is a Lafayette,Indiana-based roofing company alleged to have shared a video showing the tornado damage from the town of Sullivan, Indiana on its company Facebook page. The plaintiff is a professional videographer from Colorado. Companies, go delete old social media posts that include any content that you don’t own or have well-documented permission to use and share. As we’re seeing, old posts can carry a legal risk, so if they are no longer providing a marketing benefit, consider deletion. Stay tuned for updates. Rigsby v. All Seasons Roofi ..read more

This month’s Indiana IP litigation updates are dedicated to John Brannon, a legend of the Indiana IP community, who was laid to rest today. RIP John. 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. Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The lawsuit was dismissed with prejudice on February 16, 2024. Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A 5-day jury trial was held from February 28, 2024 to March 4, 2024. The ju ..read more

An Elkhart, Indiana-based hubcap manufacturer has been sued for trademark and trade dress infringement. The plaintiff, Valcrum of Cypress, Texas, manufactures hubcaps for medium-duty (8,000-16,000 pounds) trailer axles. Valcrum’s axles use a distinctive design consisting of a “signature red hex bezel having a hexagonal outer perimeter and an inner diameter.” The defendant, Dexter Axle Company, has an extensive business history with Valcrum. The ultimate result of the breakdown of their business relationship, as detailed in the Complaint below, was Dexter producing its own line of axle hubcaps ..read more

Photographers getting paid what they’re owed by news organizations has always been an issue. Just ask Peter Parker. WISH-TV, an Indianapolis-based local television station, is accused of copying a photograph of a New York garbage truck and reposting it to WISH-TV’s website/social media. The original photograph had been included in a NY Post article via a paid license. In addition to editing the photograph to overlay pictures of three sanitation workers, WISH-TV also cropped out the photographer’s attribution (see Complaint below). Unable to negotiate a license fee, the photographer is now sui ..read more

The previous month brought closure for several Indiana intellectual property lawsuits, with a higher than usual number of dismissals. Two new trademark lawsuits were filed since last mont’s update, involving the unauthorized sale on Amazon of animal health supplements and a breach of an ice cream shop franchise agreement. Read on below for the latest updates on all pending Indiana copyright and trademark lawsuits: Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A Stipulation of Dismissal with prejudice was filed by the Plaintiff on February 8, 2024. Forest ..read more

The owner of Baskin Robbins ice cream shops in Broad Ripple and Greenwood, Indiana, has been accused of violating the terms of its Baskin-Robbins franchise agreement. The prior franchise relationship was terminated in June 2023 due to nonpayment of about $50,000, but the ice cream shops continued to operate as Baskin Robbins while selling product from a competing ice cream brand. Subsequent cease-and-desist communications and collection attempts have been unsuccessful, and Baskin Robbins now seeks the intervention of the federal court for the Southern District of Indiana. Stay tuned for update ..read more

Nutramax Laboratories (“Nutramax”), the plaintiff in Indiana’s latest trademark lawsuit, produces health supplements for companion animals. Nutramax distributes its products through multiple trade channels, including through resellers that only have an online sales outlet. Nutramax’s resellers are required to sign an Authorized Reseller Agreement which includes requirements around product quality and customer service. The defendants, a Fort Wayne company, are allegedly unauthorized resellers that are selling Nutramax products on the Amazon Marketplace. The defendants have not signed the Author ..read more

Happy New Year! Here’s a bit of an oddball case to kick off Indiana intellectual property litigation in 2024. Both parties in this copyright lawsuit are Chinese corporations, but the defendant apparently does business in Indiana. The defendant is alleged to have infringed the plaintiff’s copyright in a “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements. The defendant’s sales of the allegedly infringing wall panels took place on Amazon.com. The Complaint is relatively short, just 4 pages, and has no specifically defined c ..read more