Indiana Intellectual Property Law News
A lawsuit originally filed in the U.S. District Court for the Southern District of Indiana by photographer David E. Kelly has been transferred to the federal court in Arizona as of June 17, 2025. Kelly, who resides in Carmel, Indiana, brought the case against a wide range of individuals and entities, including private citizens, public officials, and corporations such as eBay and the United States Army Procurement Division. The suit alleges unauthorized reproduction, sale, and distribution of a copyrighted photograph he captured during the 2001 World Series.
According to the complaint, Kelly registered the copyright for the photo in 2002 and operated a business called Big League Photos LLC. He claims that one of the main defendants, Raymond Cedric Young, illegally reproduced and sold counterfeit versions of the photo, while fraudulently claiming to own the business. Kelly says he issued over 70 cease-and-desist notices and reached a handful of out-of-court settlements, but was unable to stop the widespread sale and distribution of the counterfeit prints.
He also alleges that former Maricopa County Sheriff Joe Arpaio helped distribute the counterfeit work through charity auctions and military channels, and that judges and law enforcement in Arizona failed to act on his complaints. Kelly states that he was repeatedly denied justice through improper court delays and a lack of enforcement of previous judgments in his favor.
The complaint includes claims of copyright infringement, fraud, obstruction of justice, bribery of public officials, and violations of federal racketeering laws. Kelly argues that he suffered significant financial loss, reputational harm, and emotional distress due to a copyright issue that has lasted more than two decades. He is seeking over $10 million in damages, a permanent injunction to stop further sales, and a full accounting of profits made from the counterfeit images. He has requested a jury trial.
Although originally filed in Indiana, the court entered this Order determining that Arizona was a more appropriate venue given that many of the events and defendants are located there. The case will now continue in the District of Arizona, where it will be subject to that court’s oversight going forward.
The Indiana case was assigned to Judge Tanya Walton Pratt and Magistrate Judge M. Kendra Klump in the U.S. District Court of Southern Indiana and given Case No. 1:25-cv-01137.
Indiana Complaint
The Arizona case has been assigned to Judge John J. Tuchi in the U.S. District Court of Arizona and given Case No. 2:25-cv-02376.
Arizona Complaint