Indianapolis, IN – Copyright attorneys for Broadcast Music, Inc. (BMI) of New York, New York, along with Abkco Music, Inc, Screen Gems-EMI Music, Inc. of and Jay-Boy Music Corporation of have filed a copyright infringement suit in the Southern District of Indianaalleging B & D Restaurants, Inc. d/b/a Gallagher’s II a/k/a Gallagher’s Pizza, Nicholas Himes and David R. Himes of Indianapolis, Indiana infringed the copyrighted works Brown Sugar and Honky Tonk Women published by Abkco Music, Inc., We Gotta Get Out Of This Place, publisher Screen Gems-EMI Music, Inc. and You Really Got Me, publisher is Jay-Boy Music Corporation, of which all have been registered by the US Copyright Office.
The complaint alleges that the copyrighted songs were performed publicly at Gallagher’s II, also known as Gallagher’s Pizza, on September 10 and 11, 2011. The complaint states that Nicholas and David Himes are directors of B & D Restaurants have a financial interest and management responsibilities for the establishment. The complaint makes four claims of willful copyright infringement and seeks an injunction, damages, costs and attorney fees.
Practice Tip: BMI is known for aggressively defending copyrights and seems to be targeting Indiana bars and restaurants where copyrighted songs were performed without license or authorization. This is the third copyright infringement case filed this month in Indiana district courts. We blogged about the other two cases here and here.
This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore in the Southern District of Indiana, and assigned Case No. 1:12-cv-00228-RLY-MJD.BMIvBDcomplaint
Further Information about the case is as follows:
Filed: February 21, 2012 as 1:2012cv00228 Updated: February 22, 2012 22:36:44 Plaintiffs: ABKCO MUSIC, INC., BROADCAST MUSIC, INC., JAY-BOY MUSIC CORP. and SCREEN GEMS-EMI MUSIC, INC.Defendants: B & D RESTAURANTS, INC., DAVID R. HIMES and NICHOLAS HIMESCause Of Action: Copyright InfringementCourt:Seventh Circuit > Indiana > Southern District Court Type:Intellectual Property > Copyrights