Copyright Infringement

August 16, 2019

Indiana Copyright Litigation: Columbus North High School’s Football Coach Bless and Bartholomew Consolidated School Corporation Sued for Copyright Infringement

Indianapolis, Indiana – Attorneys for Plaintiff, Dr. Keith F. Bell (“Dr. Bell”) of Travis County, Texas, filed suit in the Southern District of Indiana alleging that Defendants, Bartholomew Consolidated School Corporation (“Bartholomew”) of Columbus, Indiana and Timothy Bless (“Bless”) of Bartholomew County, Indiana, infringed his rights in United States Copyright Registration Nos. TX 2,672,644 (the “‘644 Registration”) for “Winning Isn’t Normal” and TX 8,503,571 (the “‘571 Registration”) for “WIN Passage”. Dr. Bell is seeking actual damages, statutory damages, attorneys’ fees, costs, and any other relief the court deems proper.

Dr. Bell claims he has worked as an internationally recognized sports psychologist with over 500 athletic teams including Olympic and national teams for seven different countries. Per the complaint, Dr. Bell also participates as a speaker for coaching symposia both at the national and international level. Dr. Bell’s work also allegedly includes ten books and eighty articles he authored and published relating to sports performance and sports psychology.

According to the complaint, Dr. Bell wrote the book Winning Isn’t Normal in 1981 which included a particular passage Dr. Bell entitled the “WIN Passage” (the “Infringed Works”). After the publishing of the book in 1982, Dr. Bell allegedly registered Winning Isn’t Normal and the WIN Passage with the U.S. Copyright Office in 1989 and 2017, respectively. Dr. Bell claims he has spent substantial time and effort promoting and selling copies of Winning Isn’t Normal and continues to sell it through various websites and outlets while also offering licenses for those that wish to publish the WIN Passage or use it in any way.

July 30, 2019

Indiana Copyright Litigation: John Lennon and Yoko Ono Photograph at the Heart of Copyright Litigation Case

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Allan Tannenbaum of New York, New York, filed suit in the Northern District of Indiana alleging that Defendant, The2Connect, LLC of Elkhart, Indiana, infringed his rights in United States Copyright Registration No. VA 123-967. Tannenbaum is seeking actual damages, statutory damages, costs, attorneys’ fees, prejudgment interest, and any further relief that the Court deems proper.

Tannenbaum claims he is a professional photographer that licenses his photographs to online and print media sources for a fee. The photograph at issue in this case, is one that Tannenbaum allegedly took of John Lennon and Yoko Ono (the “Photograph”).

Roadtrippers-blogphoto-300x66

According to the complaint, The2Connect operates a website with the URL: https://maps.roadtrippers.com (the “Website”). Tannenbaum claims The2Connect utilized his Photograph in connection with an article entitled Rock and Roll Deaths Tour: Top 12 Dearly Departed Rockers on the Website without Tannenbaum’s permission. As such, Tannenbaum is suing The2Connect for copyright infringement in violation of 17 U.S.C. §§ 106 and 501 and seeking damages pursuant to 17 U.S.C. § 504(b) or (c). Tannenbaum is also seeking attorneys’ fees pursuant to 17 U.S.C. § 505.

The plaintiff Tannenbaum is represented by Richard Liebowitz of Valley Stream, New York. Mr. Liebowitz frequently files copyright infringement lawsuits, and has the dubious distinction of being frequently sanctioned. In an order dated July 10, 2019 in the case of Rice v. NBCUniversal Media LLC, Judge Furman imposed another sanction against Mr. Liebowitz and his firm for $8745.50 due to his failure to comply with court orders relating to a mediation and requiring his appearance in court. That order begins with this:

In his relatively short career litigating in this District, Richard Liebowitz has earned the dubious distinction of being a regular target of sanctions-related motions and orders. Indeed, it is no exaggeration to say that there is a growing body of law in this District devoted to the question of whether and when to impose sanctions on Mr. Liebowitz alone.
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June 5, 2019

Indiana Copyright Litigation: The Grove Sports Bar & Eatery of Beech Grove Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiffs, Broadcast Music, Inc. of New York, New York, Universal Millhouse Music, Combine Music Corp., Rondor Music International, Inc. d/b/a Irving Music, Dandelion Music Co., Groper Music, Rhythm Wrangler Music, Songs of Universal, Inc., Get Loose Music, Inc., Tremonti Stapp Music, Reservoir Media Management Inc. d/b/a Reservoir 416 a/k/a Reservoir One America, Barbara Nicks Music, and Concord Music Group, Inc. d/b/a Jondora Music filed suit in the Southern District of Indiana alleging that Defendants, Dman Incorporated d/b/a The Grove Sports Bar & Eatery, James D. Pettigrew, and Deann Hensley all of Beech Grove, Indiana infringed its rights in many United States Copyright Registrations of musical compositions as stated below.

Musical Composition	Registration and Date of Registration
Beat It	PAu 456-334, PA 158-771, November 16, 1982, December 27, 1982
Don’t Tell My Heart a/k/a Achy Breaky Heart	PA 534-864, July 29, 1991
Me and Bobby McGee	Ep 260746, July 18, 1969
Seven Bridges Road	Eu 106284, PA 104-190, March 21, 1969, April 13, 1981
She’s Some Kind of Wonderful a/k/a Some Kind of Wonderful	Ep 232189, June 5, 1967
Trashy Women	PAu 1 150 124, October 17, 1988
What’s Your Name	Eu 853395, PA 13-433, December 7, 1977, July 3, 1978
My Own Prison	PA 966-903, October 4, 1999
Silver Springs	RE 905-601, Eu 713078, December 10, 2004, August 31, 1976
Proud Mary	EU 91333, Ep 260526, December 27, 1968, July 11, 1969
Paradise	Eu 785460, PA 13-430, May 13, 1977, September 18, 1978

Plaintiffs are seeking statutory damages, cost, attorneys’ fees, and any other relief the Court deems appropriate.

May 17, 2019

Indiana Copyright Litigation: Trade Design Studio Seeks Damages for Alleged Copyright Infringement and Conversion of Architectural Drawings

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Trade Design Studio LLC (“TDS”) of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, 1824 Carrollton LLC of Fishers, Indiana, T.A.K.E 3 Investments LLC of Camby, Indiana, and Tena Allen of Camby, Indiana, infringed its rights in United States Copyright Registration No. VA 2-142-029. Plaintiff is seeking judgment, damages, reasonable attorney’s fees, and any other appropriate relief.

According to the complaint, TDS is a residential architectural design firm that has designed homes for clients primarily in Herron Morton Place, Fall Creek Place, and Kennedy King neighborhoods in downtown Indianapolis since 2006. TDS claims that no two of its homes are exactly alike. TDS alleges it drafted technical drawings (the “Technical Drawings”) for a new home to be built at 2134 N. New Jersey Street, Indianapolis, Indiana in 2017 (the “TDS Home”). According to TDS, the home was completed in April 2018 and sold for $700,000 in May 2018.

After the home sold, TDS applied for Certificates of Copyright Registration for the Technical Drawings, Registration No. VAu 1-350-598, and the Architectural Work, Registration No. VA 2-142-029. TDS claims they were informed of a home being built at 1824 Carrollton Avenue (the “Carrollton Home”) in the Kennedy King Neighborhood that was very similar to the TDS Home around February 28, 2019. Once TDS accessed and reviewed the construction permits and drawings for the Carrollton Home, it claims they were virtually identical to those for the TDS Home.

According to the publicly accessible information TDS found, it believes Tena Allen and T.A.K.E. 3 Investments applied for the construction permits and submitted the technical drawings for the Carrollton Home. Further, TDS believes 1824 Carrollton LLC is the current owner of the property for the Carrollton Home. TDS alleges it sent Defendants a cease and desist letter on March 28, 2019 and after a short suspension of construction to explore negotiations, Defendants resumed construction on or about April 8, 2019.

TDS is seeking damages for copyright infringement, conversion, and criminal conversion pursuant to the Indiana Crime Victims Recovery Act.

May 8, 2019

Indiana Copyright Litigation: Cision US, Inc. Sued for Copyright Infringement by Attorney Richard Bell

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Cision US, Inc. (“Cision”), conducts business in the district, and infringed his rights in United States Copyright No. VA0001785115, the “Indianapolis Photo”. Bell is seeking actual and statutory damages, costs, attorneys’ fees, and any other relief as is just and proper.

Bell, who has filed numerous copyright infringement lawsuits over the Indianapolis Photo, claims Cision published the Indianapolis Photo on its website without his permission beginning in or around 2018. The Complaint asserts Plaintiff’s claim that Cision took or downloaded the Indianapolis Photo without his permission prior to publishing the photo on its website. The Complaint further alleges Cision falsely represented that it owned the rights to publish the Indianapolis Photo by adding a copyright notice to the bottom of each page of its website.

Per the Complaint, Cision has not agreed to be enjoined from using the Indianapolis Photo. Plaintiff states Cision refuses to pay for the unauthorized use of the Indianapolis Photo and that it has allowed third parties to access its website and the Indianapolis Photo. As such, Bell is seeking damages for copyright infringement and vicarious liability for each copy downloaded by a third-party user.

April 29, 2019

Indiana Copyright Litigation: Attorney Richard Bell Seeks Damages for Copyright Infringement From Marriott, LLC

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Marriott, LLC, who conducts business in the district, infringed his rights in United States Copyright No. VA0001785115, the “Indianapolis Photo”. Bell is seeking actual and statutory damages, costs, attorneys’ fees, and any other relief as is just and proper.

Bell claims the Indianapolis Photo is an original work that was registered with the U.S. Copyright Office on August 4, 2011. He further claims that because of his use of the Indianapolis Photo to advertise his photography business, it can be identified by the public as being created by Bell. Since the registration of the Indianapolis Photo, Bell has filed many lawsuits for copyright infringement.

According to the complaint, Marriott used the Indianapolis Photo on its website to draw or attract prospective customers. Bell claims he discovered Marriott’s use of the Indianapolis Photo in March 2018 and that the photo was visible on Marriott’s website on April 6, 2018. Bell is seeking damages for copyright infringement including vicarious liability damages for each downloaded copy of the Indianapolis Photo from Marriott’s website by third-party users.

April 25, 2019

Indiana Copyright Litigation: The Rainmaker Group Sued For Copyright Infringement By Attorney Richard Bell

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging The Rainmaker Group – Rent Jungle LLC (“Rainmaker”) who conducts business in the district infringed his rights in United States Copyright No. VA0001785115, the “Indianapolis Photo”. Bell is seeking actual and statutory damages, costs, attorneys’ fees, and any other relief the court may find just and proper.

Bell, an attorney and self-proclaimed professional photographer claims he took the Indianapolis Photo in March 2000. The Complaint alleges that since then, Bell has published or licensed the Indianapolis Photo in compliance with copyright laws. After registering his work with the U.S. Copyright Office, Bell has filed a substantial number of lawsuits concerning copyright infringement of the Indianapolis Photo.

The Complaint alleges Rainmaker published the Indianapolis Photo on its website to attract prospective customers. Bell claims he discovered Rainmaker’s use of the Indianapolis Photo on December 14, 2017 and that it was visible to viewers of its website on March 7, 2019. Bell is seeking a judgment for copyright infringement and vicarious liability for each and every copy of the Indianapolis Photo that was downloaded from Rainmaker’s website by each third-party Internet user, including damages pursuant to 17 U.S.C. §§ 504 and 505, and 15 U.S.C. § 1125(a).

April 22, 2019

Indiana Copyright Litigation: Indianapolis-Based Edge Systems Group LLC Sued for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, JLC-Tech LLC (“JLC”) of Pembroke, Massachusetts, filed suit in the Southern District of Indiana alleging that Defendant, Edge Systems Group LLC d/b/a Electra Display (“Edge Systems”) of Indianapolis, Indiana, infringed its intellectual property rights regarding its T-BAR LED™ product. JLC is seeking injunctive relief, actual and statutory damages, reasonable attorney’s fees, costs, and expenses.

Pursuant to the complaint, JLC was founded in 2010 to develop revolutionary LED lighting fixtures. JLC claims the T-BAR LED™ is its flagship product and is designed to be used in suspended grid ceilings. The T-BAR LED™ is further claimed to be able to be used as a building element, essentially replacing a standard cross tee, as well as providing lighting. JLC claims the product can be placed within a ceiling with just a snap and the T-BAR LED ™ is possible due to JLC’s invention of a high-performance heat dissipation system. The “T-Bar for Suspended Ceiling with Heath Dissipation System for LED Lighting” is claimed in United States Patent No. 8,177,385 (the “‘385 Patent”).

JLC claims it commissioned photographs of its T-BAR LED™ product for use on its website and physical brochures for advertising and marketing purposes. On July 18, 2018, the U.S. Copyright Office registered JLC’s work entitled “March 2014 T-BAR LED (Linear Lighting) Brochure” under Registration Number VA 2-137-216. JLC’s work entitled “October 2015 T-BAR LED (Linear Lighting) Brochure” was also registered with the U.S. Copyright Office on July 18, 2018 and given the Registration Number VA 2-137-165. The complaint alleges JLC owns all right title and interest in both the March and October brochures, collectively the “JLC Protected Works”.

April 18, 2019

Indiana Copyright Litigation: Richard Bell Seeks Damages from the Cystic Fibrosis Foundation for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging Cystic Fibrosis Foundation (“ CF Foundation”),who conducts business in the district, infringed his rights in United States Copyright No. VA0001785115, the “Indianapolis Photo”. Bell is seeking actual and statutory damages, costs, attorneys’ fees, and any other relief as the court finds just and proper.

Bell claims he took the Indianapolis Photo in March 2000 and registered it with the U.S. Copyright Office in 2011. Since the registration of the Indianapolis Photo, Bell has filed numerous copyright infringement lawsuits over its use and publication by other parties. In this case, Bell claims he discovered CF Foundation’s use of the Indianapolis Photo in February 2019.

The Complaint asserts that CF Foundation published the Indianapolis Photo on its Website to promote a convention in Indianapolis. Bell has alleged that the CF Foundation has infringed because he believes he had the right to control and supervise the content and access of third-party Internet users to CF Foundation’s website as they utilized his photo. According to the Complaint, Bell believes CF Foundation “downloaded or took the Indianapolis Photo from the internet without” his permission and began publishing the Indianapolis Photo in or around 2013. Based on these allegations, Bell is seeking damages pursuant to 17 U.S.C. §§ 504 and 505.

April 16, 2019

Indiana Copyright Litigation: Attorney Richard Bell Accuses National Association of Realtors of Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging National Association of Realtors (“Realtors”) infringed his rights in United States Copyright No. VA0001785115, the “Indianapolis Photo”. Bell is seeking actual and statutory damages, costs, attorneys’ fees, and any other relief the court finds just and proper.

Attorney Bell has filed several copyright infringement lawsuits similar to this case. The Complaint in this case alleges Realtors published the Indianapolis Photo on its website to advertise its business. Bell claims after conducting a search in February 2019, he discovered Realtors published the Indianapolis Photo between the years of 2015 to 2018. However, he states he will not know the actual date of first publication until further investigations.

Bell is claiming copyright infringement against Realtors as he alleges it knowingly published the Indianapolis Photo without his authorization. Further, Bell claims Realtors refuses to pay for the unauthorized use of the Indianapolis Photo and will not agree to be enjoined from further use. Finally, Bell claims Realtors permitted third parties to view and download the Indianapolis Photo, and as such, is vicariously liable for any such downloaded copy.