Articles Posted in Copyright Infringement

Pic1-300x273Marilyn D. Mintz of Northern California, had filed a Trademark infringement lawsuit in the U.S. District Court, Northern District of California alleging that Subaru of America, Inc., a New Jersey Corporation with place of Business in the State of New Jersey, infringed a phrase and design trademarked by Plaintiff.

Defendant Subaru, which has a large manufacturing presence in Lafayette, Indiana, ran an ad campaign with the slogan “Share the Love.” Plaintiff alleged that this infringed her trademarked phrase, “A World of Love, for You and Those You Love.” In the ad campaign, Plaintiff also used a graphic design showing a hand with a heart on it. Plaintiff alleged that this infringed a similar design she trademarked.

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Richard N. Bell of McCordsville, Indiana, had filed a Copyright infringement lawsuit in the Southern District of Indiana alleging that Jay L. Hess, an individual, of Bloomington, Indiana, infringed the “Indianapolis Photo” taken by Plaintiff.BlogPhoto2-300x223

Bell has become well-known for constantly filing copyright infringement claims regarding a photo of the Indianapolis skyline that he took in 2000. See the following:


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Jacobus Rentmeester of Westhampton Beach, New York, had filed a Copyright infringement lawsuit in the U.S. District Court, District of Oregon alleging that Nike, Inc., an Oregon Corporation with place of Business in Beaverton, Oregon infringed a photograph taken by Plaintiff.

The photograph at issue in this case was the iconic photo of Michael Jordan upon which the “Air Jordan” brand logo is based. In the photo, taken by Nike shortly after Jordan was drafted by the Chicago Bulls, Jordan is seen mid-air, reaching towards a basketball hoop with the ball in his left hand and his legs spread. In the background of the photo is the silhouette of the Chicago skyline, with the dusk sky above it. The photo formed the basis for the famous Jordan Brand logo, which is a white silhouette of Jordan’s shape in the photo against a black background.Pic1-300x226Pic2-300x240Pic3-282x300

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BlogPhoto-3Indianapolis, Indiana – Attorneys for Plaintiff, Zach Dobson Photography, LLC of Carmel, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Three-Sixty Group, Inc, National Federation of State High School Associations, and National Interscholastic Athletic Administrators Association, all three of Indianapolis, Indiana infringed its rights in United States Copyright Registration No. VA 1-979-164, and United States Copyright Application Nos. 1-6209751731 and 1-6275260181.  Plaintiff is seeking statutory damages, general and special damages, attorney’s fees, and injunctive relief.

Plaintiff is a Carmel, Indiana photography company that provides commercial photography for businesses and individuals. Defendant Three-Sixty is an Indianapolis-based advertising agency. The remaining two defendants are governing bodies that promulgate rules and organize competitions for high school sports. The photos that are the subject of the suit are either copyrighted by Plaintiff, or in the application process for copyright protection.

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BlogPhoto-2Fort Wayne, Indiana – Attorneys for Plaintiffs, Broadcast Music, Inc., of New York, New York, EMI Consortium Songs Inc. d/b/a/ EMI Longitude Music Co., EMI Blackwood Music, Inc., Universal Music-Z Tunes LLC d/b/a/ Universal Music Z Songs, Warner-Tamerlane Publishing Corporation., Lion Aire Publishing, Young Money Publishing, Inc., Collipark Music, Soar Loser Music, DA Crippler Publishing, E W C Publishing Co. filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings Inc. d/b/a/ Matey’s a/k/a Matey’s Restaurant and Bar, of Michigan City, IN Bryan Konieczny, of Plainfield, IL, and Mark Kehoskie, of Downers Grove, IL infringed its rights in the following musical compositions:

Musical Composition Registration and Date of Registration
Boogie Shoes Eu 606202, PA 10-277, August 18, 1975, March 27, 1978
Song 2 PA 781-334, PA 906-749, July 3, 1997, August 6, 1998
Ignition PA 1-130-236, February 4, 2003
Let It Rock PA 1-624-274, February 18, 2009
Ms. New Booty PA 1-163-734, March 2, 2006

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BlogPhoto-1Indianapolis, Indiana – Attorneys for Plaintiff, Pearson Education, Inc. of New York, New York filed suit in the Southern District of Indiana alleging that Defendant, Christopher Deiter d/b/a of Indianapolis, Indiana infringed its rights of Copyright in the United States Copyright Office of Pearson Education, Inc.’s Copyright Registration No. TX0008183299. Plaintiff is seeking relief under Title 17, Title 28, pre-judgment and post-judgment interest, statutory damages and attorneys’ fees.

Plaintiff Pearson produces and distributes educational materials to schools around the world. They publish textbooks, assessments, test banks, and a wide variety of other learning tools for teachers and students.

Defendant owns the company at The website offers users the ability, at no cost, to create online flash cards that correspond to specific chapters and sections in educational materials. Users who have access to various educational materials will post flash cards replicating the materials on the website.

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BlogPhoto-7-300x241Indianapolis, Indiana – Attorneys for Plaintiffs, Broadcast Music Inc., a Delaware Corporation; MJ Publishing Trust d/b/a Mijac Music; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, a limited liability company; Songs of Universal, Inc., a Universal – Songs of Polygram International, Inc.; Welsh Witch Music; Velvet Apple Music; Combine Music Corp.; Elijah Blue Music, A Division of Lighthouse, Inc.; Unichappell Music, Inc.; BMG Rights Management US LLC d/b/a Music of Everpop,; Thirty Two Mile Music, Zombies Ate My Publishing; Forthefallen Publishing; Reservoir Media Management Inc., d/b/a Reservoir 416 a/k/a Reservoir One Americ;, E.O. Smith Music; Sony/ATV Songs LLC; R and R Nomad Publishing Company, A Division of R & R Nomad Publishing Co., LLC; and 4U2ASKY Entertainment, Inc., of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Roses Pub, Inc. d/b/a Big Baby’s Bar & Grill, of Anderson, Indiana, Brian Hutchison and Lisa Hutchison, also of Anderson, Indiana, infringed its copyright rights in the following:

Musical Composition Registration and Date of Registration
Beat It Pau 456-334, PA 158-771, November 12, 2016
Crazy RE 422-869, Ep 156698, November 12, 2016
Bad to the Bone PA 215-394, November 11, 2016
Gold Dust Woman PA 148-803, PA 161-950, November 12, 2016
Gypsy PA 148-803, PA 161-950, November 12, 2016
I Will Always Love You Ep 314105, November 11, 2016
Me and Bobby McGee Ep 260746, November 12, 2016
Midnight Rider Eu 215520, Ep 329147, November 11, 2016
Semi Charmed Life PA 797-856, PA 913-999, November 11, 2016
Lonely Road of Faith PAu 2-635-077, November 11, 2016
My Immortal PA 1-152-551, November 11, 2016
Undone a/k/a Undone – The Sweater Song PA 787-866, November 11, 2016
Aint’ No Rest For The Wicked PA 1-608-399, November 11, 2016

Plaintiffs are seeking a permanent injunction, statutory damages, and reasonable attorney’s fees.

Plaintiff BMI is one of the world’s largest music publishing companies, and have rights to license over 13 million copyrighted musical compositions, according to the complaint. The other plaintiffs are the owners of the copyrighted songs that are the subject of the suit.

Defendant Roses Pub is a corporation that runs Big Baby’s Bar & Grill in Anderson, Indiana. According to the complaint, the defendants perform live musical compositions, or cause them to be performed, at the restaurant. Plaintiff alleges that they have reached out to the Defendant over 70 times to inform Defendant of its obligations under the Copyright Act regarding the necessity of having a valid license to perform the copyrighted musical compositions.

The Plaintiff has previously sued other Indiana establishments regarding similar facts and similar allegations, including this past November when the corporation sued Hoosier Daddy’s Bar & Grill in Newcastle, Indiana.

Plaintiff alleges 13 different claims of willful copyright infringement based on Defendants’ public performances of the copyrighted songs.

The case was assigned to District Judge Richard L. Young and Magistrate Judge Tim A. Baker in the Southern District and assigned Case 1:18-cv-00183-RLY-TAB.


BlogPhoto-3Indianapolis, Indiana – Attorneys for Plaintiff, Ashlin Hadden of Noblesville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Voldico, LLC. of Osgood, Indiana infringed copyright rights of Ashlin Hadden.  Plaintiff is seeking injunctive relief, actual damages, and judgment including statutory damages and attorneys’ fees.

According to the complaint, the parties entered into a contractual agreement where Plaintiff would act as an insurance agent for the Defendant, who is an insurance broker.

In addition to breach of contract claim for failure to pay commissions, and other common law claims, Plaintiff is also asserting a copyright infringement claim. Plaintiff alleges that in May 2017, she created an advertising website for potential customers to purchase insurance through her. Plaintiff alleges that in June 2017, the Defendant created a nearly identical website, using the same exact language as Plaintiff’s, to obtain insurance customers for themselves. Plaintiff alleges that Defendant plagiarized the advertising language of Plaintiff’s website.

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South Bend, INABRO Industries, Inc., of South Bend, Indiana, had filed a Copyright infringement lawsuit in the Northern District of Indiana alleging that 1 New Trade, Inc., Igor Zorin, Boris Babenchik, Vadim Fishkin of Baltimore Maryland, and Quest Specialty Coatings, BlogPhoto-2-300x183LLC of Menomonee Falls, Wisconsin, infringed copyright on pending US Copyright Application No. 1-1845314781 filed by Plaintiff.

Plaintiff is an Indiana corporation that distributes automotive, industrial, and consumer products such as cleaners, adhesives, lubricants, service fluids, and engine additives. Defendant is a Maryland corporation that distributes similar types of products.

One of the products that Plaintiff distributes is a carburetor and choke cleaner. The copyright for the packaging of this product is pending under application number 1-1845314781. Plaintiff alleges that the Defendant has been unfairly competing by obtaining a similar product from Quest and redistributing it for sale in packaging virtually identical to Plaintiff’s packaging. Plaintiff alleges that Defendant is distributing a similar product, in identical packaging, to a similar market.

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Indianapolis, Indiana –Plaintiff, Richard N. Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Anderson Schulle of Indianapolis, Indiana infringed his rights inblogphoto-300x105 the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

In October, Bell filed suit against a private equity firm from Carmel, Indiana for publishing the photo on their website.

The lawsuit is the latest in a long string of lawsuits alleging infringement of a copyrighted photo of the Indianapolis skyline. See:

According to the complaint, in 2000, Plaintiff took a photograph of the downtown Indianapolis skyline from St. Clair Avenue, overlooking the downtown canal. Plaintiff registered the copyright in 2011 and has used the photograph in business and advertising materials since then. The complaint alleges that in December 2014, Defendant published the photo on his real estate business’ website without authorization or conferring credit, and claimed to own the copyright to the photo himself.

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