Yes there is evidence, largely tied up in due process or a base approximation of it, hidden from view. This is a forum with some facts, lots of speculation and importantly some comments from former associates, employees and customers of the two concerns. We won't get to see many court docs aside from what guys retrieve online from the Indiana system, which isn't hard to do.
Trying to create reasonable doubt, blunt this issues, create some gray area? Sounds like normal litigation, buyer beware.
Why take this crap to Indiana with so much kiteboarding? It costs, put an atty. on retainer in your home state, hire another in Indiana for another retainer, say $5000 to 10,000+ per retainer (10 to 20K+ just for starters). Not many small operations have the cash for this.
Say no defense is offered for lack of cash if reel files suit, it becomes easy to get a favorable summary judgment (victory) in the absence of opposition. Why bother? Say KHK settles for 10000 and another for something about the same. Having some of the leg work done in house cuts Plantiffs costs significantly. There can be some recycling of pleadings and further economization. Take on up to 20 shops, maybe get cash settlements from a handful and dish out a nasty blackeye to the rest. Market domination through a frivolous malicious suit and maybe even making a profit over your own legal costs. Most suits seem to be frivolous, this seems to be in line with that. Lots of viable alterior motives that have nothing to do with trademark infringement, just an excuse to beat up some competitors.
If you like this gangster behavior to continue and expand ---
DO continue to start dozens of posts everyday.
People get bored, tune repeated shit out and move on. You are real close to doing this at this point. Do a few impacting posts a week or less for a few months. Don't force guys to ignore this.
Listen to this reasonable doubt crap.
Facts are few but there are some strong ones out already. Read what people have said and make your own mind up. If you don't like what is happening after this then send your message real clear by withholding business.
The small guys that were notice but not served should continue to keep their info to themselves.
There are ways to share your information here, let it out without identifying yourselves unduly
The courts are one thing and move at a snails pace at tremendous expense. Who has the most bucks and resolve wins. The court of Public opinion reaches way beyond that and can impose harsh penalties on the offender that might never come from the legal system but perhaps should.
Read things over, make up your mind and do what you think is right.