Intellectual Property Law

September 29, 2023

Christopher Sadowski Claims Copyright Infringement for Award-Winning Photography

New Jersey – Plaintiff Christopher Sadowski is suing Defendant Restoration 1 By J&D, LLC, of New Palestine, Indiana, over violation of the Copyright Act, 17 U.S.C. § 501, for allegedly reproducing, distributing, and publicly displaying Sadowski’s intellectual property for its own commercial purposes.

According to the claim, Sadowski is an award-winning photojournalist with 19 years of experience in documenting ordinary life and the human condition through photography. His work has been commissioned in magazines and newspapers such as the New York Post, Daily Mail Online, Reader’s Digest, USA Today, New York Times, Fox News, CBS News, NBC News, Boston Globe, Boston Herald, Los Angeles Times, Newsweek Magazine, and People Magazine. The complaint states that while the Plaintiff does sell limited, one-time use licenses to customers, he always retains copyright ownership of the photographs.

The suit accuses Restoration 1, a property damage restoration company, of using Sadowski’s photograph of Christmas lights on the Restoration 1 website without the proper licensing or permission to do so. The Plaintiff claims that the Defendant has never been licensed to use the photograph and upon learning of its unauthorized use, the Defendant has not been willing to negotiate a reasonable license for it. Furthermore, the complaint states that Restoration 1 displays a copyright disclaimer (“Copyright © 2017”) on the page of the website that contains the photo, allegedly asserting that Restoration 1 owns the rights to everything on the webpage, including the photo in question.

September 22, 2023

Dillon Construction Group Files Copyright Infringement Suit Against Andretti Global Construction Team

By Overhauser Law Offices, LLC

Hamilton County, Indiana– The Plaintiffs, DCG Indiana, Inc. d/b/a Dillon Construction Group, filed suit against Cardinal XLIII, LLC (Delaware); Motorsport Real Estate Ventures LLC (Delaware); Studio M Architecture and Planning, LLC (Indiana); Gradex, Inc. (Indiana); and Glenmark Construction Co. Inc. (Indiana) in part, for copyright infringement of works of original authorship.

According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract, which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. (Instruments of Service) created by DCG, while also maintaining that DCG was the author and owner of said Instruments of Service, and would, therefore, retain all common law, statutory and other reserved rights, including copyrights. More importantly, the claim states that the contract specified that should Cardinal not substantially perform its obligations, including payment of any past-due fees to DCG, the copyright license granted to Cardinal would automatically terminate. (Click to read the cited part of the Design-Build Contract.)

According to the Plaintiff, on March 10, 2023, Cardinal notified DCG that it would be terminating the Design-Build Contract. At the time the Plaintiff claims Cardinal still owed them $1,011.462.21, which, according to the terms of the Design-Build Contract, meant the copyright license granted to Cardinal should have ceased. However, the Plaintiff alleges that Cardinal continued to use DCG’s Instruments of Service after the illegal termination of the contract and even after receiving cease-and-desist letters from Plaintiff’s counsel.

September 19, 2023

Agricultural Machinery Manufacturing Company (Par-Kan) Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. CO., INC., filed suit against Silver Lake, Indiana company, PAR-KAN CO., LLC for patent infringement under U.S. Patent Laws, 35 U.S.C. §§ 271, 281, 283, 284, and 285.

According to the complaint, Unverferth manufactures, uses, and sells seed tender products protected by legally issued U.S. Patent No. 8,967,940 (“the ’940 patent”) and U.S. Patent No. 9,745,123 (“the ’123 patent”). In accordance with statutory marking provision of 35U.S.C. § 287(a), Unverferth has affixed serial numbers to its products to identify the patents used in those products.

The Plaintiff claims that Par-Kan had knowledge of the ‘940 and ‘123 patents because these patents are continuations of U.S. Patent No. 8,221,047, which Unverferth sued Par-Kan over in a similar infringement case in 2013 and had received subpoenas and a cease-and-desist letter, identifying the patents by numbers. It is alleged that the Defendant continues to manufacture, use, and sell products that infringe on the claims of the ‘940 and ‘123 patents, which constitutes willful infringement.

February 21, 2023

Central Illinois Railroad Sues Former Employee for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels.

Per the Plaintiff’s website, IC is headquartered in Chicago, Illinois, and has been in business for 148 years. Its Slogan, “The Main Line of Mid-America,” perfectly describes its unique north-south routing running from Chicago to the Gulf Coast.

According to the complaint, the Defendant, Michael Belcher (“Belcher”) is a resident of Crown Point Indiana. He was employed as a Senior Manager for IC for 20 years until he was terminated on October 19, 2022. Belcher’s duties included writing software code for IC’s financial data systems that included, but was not limited to, IC’s systems for financial metrics, financial records, and compliance. Belcher served as the key point of contact for financial analysis, performance tracking, and corrective action related to Basic Capital budgets for all levels of Engineering management. He also participated in IC’s Share Units Plan and was awarded Performance Share Units (“PSUs”). Each time he was awarded PSUs, he received and accepted an award letter that contained a Confidentiality Clause. This prohibited him from revealing, disclosing or making known any Confidential Information without prior written consent from IC. Belcher also received regular training on the Company’s Code of Business Conduct that requires every employee to safeguard Company assets and intellectual property. The Code of Conduct also contained provisions defining Company Confidential Information, and prohibitions against disclosure.

September 23, 2022

Rockville Bar Sued for Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success. Continue reading

September 22, 2022

Orbital Engineering, Inc. Sues Ex-Employee & Competitor for Trade Secret Misappropriation

By Overhauser Law Offices, LLC

Crowne Point, Indiana – The Plaintiff, Orbital Engineering, Inc. (“Orbital”) filed suit against Defendants, DVG Team, Inc. (DVG) and former employee Zachary Topoll (“Topoll”) for Breach of Fiduciary Duty Damages Resulting from Conspiracy, Tortious Interference with Business Relations, Aiding and Abetting Breach of Fiduciary Duty, and Trade Secret Misappropriation.

Per the complaint and their website, Orbital, established in 1969, is a certified veteran owned business, which provides full-service solutions in engineering and design, construction management and QA/QC, safety and asset integrity services. The company services a broad range of industries, including infrastructure, metals, refinery, chemical, pipeline, terminal, gas processing and storage, and utilities. Their expertise is in Transmission & Distribution, Midstream and Downstream Oil, Gas and Chemical and Metals. They have six major offices in Pittsburgh (HQ), Philadelphia, Chicago, Detroit, St. Louis and Houston and various other locations.

DVG, founded in 1999, purports to be a team of professionals with a variety of expertise in areas of public infrastructure planning and construction, private and public utility development, engineering and site design, economic development and real estate development. They are based in Crown Point, Indiana.

September 6, 2022

Harper Trucks Inc. Sues Competitor for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Goshen, Indiana – The Plaintiff, Harper Trucks Inc. (“Harper”), based out of Wichita, Kansas, have been in business since 1940. Harper advertises to be the world’s largest manufacturer of hand trucks. Harper Trucks are manufactured in a plant of 40,000 square feet with full robotic and new composite-injection capabilities.

The Defendant, Gleason Industrial Products Inc. (“Gleason’), according to their website, was founded in 1946 and is comprised of three manufacturing divisions throughout three states in the Midwest: Algoma Net Company, Gleason Industrial Products, and Precisions Products. Milwaukee Hand Trucks is the name for products manufactured and sold by Gleason Industrial Products. Milwaukee Hand Trucks are produced in Gleason’s manufacturing facilities in Goshen, Indiana and Lincoln, Illinois.

The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. The patent generally discloses and claims a multi-position hand truck that permits a user to easily change the orientation of the handle and frame among a number of positions making the hand truck extremely useful to a wide variety of uses. Continue reading

August 9, 2022

PUMA Sues Competitor for Alleged Trademark and Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiffs, PUMA SE and PUMA North America Inc. (“PUMA”), are world leaders in the sportswear industry. PUMA SE, based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. PUMA North America Inc. is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue.

PUMA applied for a Federal Trademark registration under Application Serial No. 97171928 for the mark NITRO for footwear, namely, running shoes, training shoes, and basketball shoes. According to the Complaint, in or around December 2021, PUMA requested the Defendant, Brooks Sports, Inc. (“Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. The parties were unable to reach a settlement.

PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark.

July 26, 2022

The TELAH Foundation Alleges Copyright and Trademark Infringement in Lawsuit

By Overhauser Law Offices, LLC

Mishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):

- - - - Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
        
        Video Work Beyond human- -the last call (Certificate Number PA000867224)
        
        Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
        
        Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
        
        Federal Trademarks:
        
        HEAVEN’S GATE Registration No. 3,824,482
        
        HEAVEN’S GATE Registration No. 3,816,596
        
        Registration No. 5,148,959

July 21, 2022

Thrivent Sues for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, Thrivent Financial for Lutherans (“Thrivent”), is a fraternal benefits society established in 1902 with over 2 million members and over $100 billion in assets under management or advisement. Thrivent and its licensees offer a wide variety of services and products to their members and customers under the THRIVENT Trademarks (listed below), including insurance and annuity products, financial and business advising, mutual funds and investments, individual retirement accounts, trust accounts, financial advisory services, banking and credit union services, lending services, and debit and credit card services.