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.
This case has been assigned to Judge Robert Miller, Jr. and Magistrate Judge Roger Cosbey in the Northern District of Indiana, and assigned case no. 1:10-cv-00227-RLM-RBC.
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
Court: Seventh Circuit > Indiana > Northern District Court
Type: Intellectual Property > Copyrights