Copyright Infringement

May 3, 2018

Indiana Patent Litigation: Texas Home Goods Store Sues Menards Over Cutting Board Patent

Indianapolis, Indiana – Attorneys for Plaintiff, Dexas International, LTD., of Coppel, Texas filed suit in the Southern District of Indiana alleging that Defendant, Menard, Inc., of Eau Claire, Wisconsin infringed its rights in United States Patent No. D563,739 (“the ‘739 Patent”) for “Cutting Board With Snap-In Pop Strainer”. Plaintiff is seeking an injunction, lost profits, pre-judgment and post-judgment interest, attorneys’ fees, and destruction of infringing items.

Plaintiff is a Texas-based corporation specializing in manufacturing kitchen gadgets and pet care items. Defendant is a Wisconsin-based corporation that owns and operates large-scale hardware and home improvement stores across the country.

March 27, 2018

Indiana Copyright Litigation: Bell Sues Atlanta-Based Real Estate Developer Over Indianapolis Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, ROI Property Group Management, LLC, infringed its rights in 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.

Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:

Bell’s lawsuit against the Defendant stems from Defendant’s alleged use of the copyrighted photo on its commercial website. Plaintiff claims that Defendant used the picture without authorization in November 2017, and the use continued through December 2017.

According to the complaint, the Defendant did not request or receive permission or authorization to use the photo, and instead claimed it owned the copyrights of all images appearing on its website.

Plaintiff has formally alleged copyright infringement and violations of the Lanham Act.

March 26, 2018

Indiana Copyright Litigation: Bell Takes Aim at Indiana-Based Bank in Latest Lawsuit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Merchants Bank of Indiana, infringed its rights in 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.

Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:

According to the complaint, the Defendant used the copyrighted photo on its business website without authorization. Plaintiff states that in November 2017, he found the unauthorized use of the photo through a Google image search.

Plaintiff claims that the Defendant recklessly claimed ownership of the photo by claiming copyrights to all photos appearing on its website.

Plaintiff has formally alleged copyright infringement and violations of the Lanham Act.

March 19, 2018

Ninth Circuit Court of Appeals Upholds Dismissal of Claims against Subaru of America

By Overhauser Law Offices, LLC

Marilyn 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.

March 12, 2018

Southern District of Indiana Grants Defendant’s Motion for Judgment Against Richard Bell

By Overhauser Law Offices, LLC

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.

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:

March 6, 2018

Ninth Circuit Court of Appeals Grants Defendant, Nike, Inc.’s Motion to Dismiss

By Overhauser Law Offices, LLC

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.

February 23, 2018

Indiana Copyright Litigation: Carmel Photographer Sues Over Unauthorized Use of Photos

By Overhauser Law Offices, LLC

Indianapolis, 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.

February 13, 2018

Indiana Copyright Litigation: BMI Music Sues Michigan City Restaurant Over Song Copyrights

By Overhauser Law Offices, LLC

Fort 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

February 1, 2018

Indiana Copyright Litigation: Pearson Education Sues Indiana Company Over Infringement of Copyrighted Educational Materials

By Overhauser Law Offices, LLC

Indianapolis, 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 www.easynotecards.com 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 www.easynotecards.com. 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.

January 30, 2018

Indiana Copyright Litigation: Big Baby’s Bar & Grill Accused of Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, 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.

Complaint