Fort Wayne, Indiana – Copyright lawyers for Amy and James Ortega of Joplin, MO, have initiated litigation against Forks RV of Shipshewana, IN, and its agents, alleging they infringed a copyrighted work which has been registered with the U.S. Copyright Office.
The defendants manufacture and “up-fit” recreational vehicles. The complaint alleges that the plaintiffs and defendants forged a business relationship after the plaintiffs conceived of a use for “fifth wheel” trailers in the equine market. After a falling out, the plaintiffs claim that the defendants have infringed the plaintiffs’ copyrights in the equine trailer designs and drawings. Another cause of action claims a breach of an implied contract after the plaintiffs conferred benefits, such as a new customer base and marketing efforts, without receiving compensation.
Practice Tip: While difficult to prove, an implied contract may be established based on the conduct of the parties.
Further information about the case is as follows:
Filed: July 15, 2010 as 1:2010cv00227 Updated: July 19, 2010 22:06:58
Plaintiffs: Amy Ortega and James Ortega
Defendants: Daryle Bontrager, Forks RV, Howard Stutzman and Jay Troyer
Referring Judge: Roger B Cosbey
Cause Of Action: Diversity-Other Contract