Fort Wayne, Indiana – Intellectual property lawyers for Hydraulic Marine Systems, Inc. of Deland, FL, have filed a lawsuit alleging Mid-America Foundation Supply, Inc. d/b/a Poseiden Barge Corp. of Fort Wayne, IN, has infringed copyrights and trade dress as well as violated federal and state unfair competition laws.
In the filing, the plaintiff and defendant are said to have discussed the possibility of the defendant becoming an authorized distributor of plaintiff’s barge thrusters, with no such relationship being formed and the defendant ultimately purchasing such thrusters from the plaintiff. Subsequently, the defendant is alleged to have developed its own thruster using the plaintiff’s product as a template for infringing non-functional features. It is claimed that the defendant also copied the plaintiff’s instructions, which are registered with the U.S. Copyright Office, verbatim in addition to reproducing photographs and illustrations created by the plaintiff. The defendant then allegedly displayed its product at trade shows, with any information identifying the plaintiff having been removed.
Practice Tip: Contrary to what may be popular opinion, there is no set amount or percentage which is considered “safe” when reproducing a work created, and therefore copyrighted, by another.
Further information about this case is as follows:
Filed: October 4, 2010 as 1:2010cv00344 Updated: October 5, 2010 20:35:28
Plaintiff: Hydraulic Marine Systems Inc
Defendant: Mid-America Foundation Supply Inc
Presiding Judge:Joseph S Van Bokkelen
Referring Judge:Roger B Cosbey
Cause Of Action: Copyright Infringement