Amazon Seeks Ruling on Motion to Dismiss Transferred Trademark Case

Amazon filed notice Wednesday with the U.S. District Court for Southern Indiana in Indianapolis of its motion to dismiss the amended trademark infringement complaint by Annie Oakley Enterprises and its owner Renee Gabet that was pending before the case was transferred from the Northern District of Indiana in Fort Wayne at Amazon’s request. The plaintiffs allege Amazon turned a blind eye to the infringing conduct of its third-party sellers. Briefing in Northern Indiana on Amazon’s April 29 motion to dismiss for failure to state a claim “has been complete” since May 27, said Wednesday’s notice (docket 1:22-cv-02246). “Amazon respectfully requests a ruling on that motion, as plaintiffs are now actively pursuing burdensome discovery,” it said. Amazon asked for the case to be transferred to Southern Indiana because the plaintiffs twice previously sued Amazon for trademark infringement in that venue.