The Supreme Court on October 11, 2016, heard oral argument on whether an award of profits for design patent infringement of Apple’s iPhone should be limited to those profits attributable components bearing the claimed design features or should include profits from the entire iPhone. Samsung Electronics Co. Ltd. v. Apple, Inc., U.S., No. 15-777, oral argument 10/11/2016. The design patent statute provides for liability “to the extent of the [infringer’s] total profit” for applying the patented design “to any article of manufacture.” The parties agreed that the “article of manufacture” may be a component rather than the entire product, and agreed with the government’s proposed factors for determining the profit attributable to the infringing component. Apple maintained, however, that there is no basis for overturning the jury award of nearly $400 million since in this case Samsung never identified any article of manufacture other than the phones themselves.
Indiana Copyright Litigation: Advance Copy of Movie Leaked, Shared via BitTorrent
Northern District of Indiana – A trial attorney for Plaintiff ME2 Productions, Inc. of Carson City, Nevada filed two lawsuits in the Northern District of Indiana alleging copyright infringement of the action thriller “Mechanic: Resurrection.” One lawsuit was filed with the district court in Hammond while the other was filed in Fort Wayne.
Plaintiff contends that a “screener copy” of the movie was leaked and subsequently distributed illegally using BitTorrent, a file-sharing protocol. In each of the lawsuits, multiple unknown “Doe” Defendants are listed. They are accused of committing copyright infringement by participating “in a collective and interdependent manner with other Defendants via the Internet for the unlawful purpose of reproducing, exchanging, and distributing copyrighted material.” Plaintiff states that it has traced these Defendants to Indiana through the use of geolocation technology, which was used to determine the Internet Protocol (“IP”) addresses of each Defendant.
The movie, which is the sequel to the 2011 action film “Resurrection,” stars Jason Statham, Jessica Alba and Tommy Lee Jones. It has been registered with the U.S. Copyright Office under Registration No. PA-1-998-057.
Plaintiff seeks injunctive relief along with damages, costs and attorneys’ fees.
Indiana Patent Litigation: Rotating Curling Iron at Center of Patent Infringement Lawsuit
South Bend, Indiana – Patent lawyers for Plaintiff The Beachwaver Co. of Libertyville, Illinois sued in Indiana federal court on allegations of patent infringement.
Defendant Farouk Systems, Inc. of Houston, Texas has been accused of infringing U.S. Patent No. 9,398,796 (“the ‘796 patent”), which covers claims pertaining to a rotating curling iron. This patent, titled “Hair Styling Device,” was issued by the U.S. Patent and Trademark Office on July 26, 2016.
Plaintiff contends that “Defendant has committed acts of patent infringement, including making, offering for sale, and selling infringing products” and lists the following causes of action in this lawsuit, filed Friday in the Northern District of Indiana:
• Count I: Direct Infringement of the ‘796 Patent
• Count II: Induced Infringement of the ‘796 Patent
Plaintiff seeks damages, including treble damages, as well as injunctive relief, costs and attorneys’ fees.
176 Trademark Registrations Issued to Indiana Companies in September 2016
The U.S. Trademark Office issued the following 176 trademark registrations to persons and businesses in Indiana in September 2016 based on applications filed by Indiana trademark attorneys:
| Registration No. | Word Mark | Click To View | |
| 5049906 | SWEETWATER | TSDR | |
| 5049878 | 100TH RUNNING | TSDR | |
| 5051567 | THE PRODUCE CHALLENGE | TSDR | |
| 5049449 | FASTFX | TSDR | |
| 5049308 | TSDR | ||
| 5049297 | VAPORSWEEP | TSDR |
Patent Office Issues 165 Patents To Indiana Citizens in September 2016
The U.S. Patent Office issued the following 165 patent registrations to persons and businesses in Indiana in September 2016, based on applications filed by Indiana patent attorneys:
| Patent No. | Title | |
| 1 | D767,730 | Faucet handle |
| 2 | D767,727 | Faucet |
| 3 | D767,725 | Faucet |
| 4 | 9,455,561 | Movable wall panel system with electrical connections |
| 5 | 9,454,888 | Advanced battery early warning and monitoring system |
| 6 | 9,454,745 | System and method of tracking vehicles within a parking lot using RFID tags |
| 7 | 9,453,754 | Multi-conductor water in fuel sensor for fill rate detection |
| 8 | 9,453,468 | System and method for estimating turbocharger operating speed |
| 9 | 9,453,455 | System for regulating coolant flow in an engine |
| 10 | 9,453,446 | Constant mass flow injection system |
Indiana Copyright Litigation: Indianapolis Real Estate Agent Sued for Infringing Copyright of Photo
Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana sued in the Southern District of Indiana alleging that Defendant Cindy Cherf of Carmel, Indiana committed copyright infringement.
Cherf, an Indiana real estate agent, is accused of publishing an unlicensed copy of Bell’s copyrighted “Indianapolis Nighttime Photo.” Bell, who is both a copyright attorney and a professional photographer, registered the photo in 2011 with the U.S. Copyright Office under Registration No. VA0001785115.
This lawsuit contends that the publication of the photo constitutes both copyright infringement and unfair competition. Bell also claims that Cherf disparaged him by falsely claiming that she owned the copyrights of all images on the website, including his photo.
Stating that the infringement was willful, Bell asks the federal court for the maximum statutory damages along with injunctive relief, costs and attorneys’ fees.
Practice Tip: Bell has filed numerous lawsuits in Indiana federal courts alleging copyright infringement. See:
• Limousine Service Sued for Copyright Infringement
• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint
Indiana Copyright Litigation: Limousine Service Sued for Copyright Infringement
Indianapolis, Indiana – Copyright attorney, professional photographer and frequent litigant Richard Bell of McCordsville, Indiana filed the latest in a string of Indiana lawsuits asserting copyright infringement.
This litigation, commenced in the Southern District of Indiana, alleges that Defendant A1 Luxury Limousine of South Florida, Inc. of Boynton Beach, Florida infringed Bell’s rights in a copyrighted photograph by using the photo on the company’s website without having purchased a license from Bell.
The photo, titled “Indianapolis Nighttime Photo,” has been registered with the U.S. Copyright Office under Registration No. VA0001785115. It was taken in 2000 and registered in 2011.
Bell lists claims of copyright infringement and unfair competition against A1. As with most or all of Bell’s other Indiana lawsuits claiming infringement of his “Indianapolis Nighttime Photo” or his “Indianapolis Photo,” this complaint further alleges that infringement is being willfully engaged in “with oppression, fraud, and malice.”
Bell asks the court for injunctive relief, statutory damages, costs and attorneys’ fees.
Practice Tip: We have blogged about Bell’s Indiana copyright litigation in previous posts. See:
• Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint
Indiana Copyright Litigation: Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana, a copyright lawyer and professional photographer, sued Defendant Hornberger Imports, Inc. of Beech Grove, Indiana in the Southern District of Indiana for copyright infringement.
As with most or all of Bell’s recent Indiana copyright litigation, this lawsuit pertains to works that have been registered with the U.S. Copyright Office under Reg. No. VA0001785115. This registration covers two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo.”
In this lawsuit, Bell contends that Defendant Hornberger infringed his copyright in the “Indianapolis Nighttime Photo” by publishing the photo on Hornberger’s website at www.hornbergerimports.com sometime in 2016 without having purchased a license to do so. Bell’s complaint states that Defendant “continue [sic] infringing conduct which has caused and is causing substantial and irreparable injury and damage to Plaintiff…and, unless, restrained, will cause further irreparable injury.” The complaint further contends that the alleged ongoing infringement is being willfully engaged in “with oppression, fraud, and malice.”
In addition to copyright infringement, a claim of unfair competition is included. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.
Practice Tip #1: Hornberger Imports appears to have ceased operations in February 2015.
Practice Tip #2: Bell is a prolific copyright litigant. We have blogged about his copyright litigation in the past. See:
• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint
Indiana Copyright Litigation: Ziggy’s Bar & Grill Sued by BMI for Copyright Infringement
Indianapolis, Indiana – A copyright litigator for Broadcast Music, Inc. (“BMI”) of New York, New York filed a lawsuit in the Southern District of Indiana alleging copyright infringement.
Defendants in this Indiana litigation, all residents of Indianapolis, Indiana, consist of one business entity, KD&R Enterprises LLC d/b/a Ziggy’s a/k/a Ziggy’s Bar & Grill, and three individuals, Krista Stallings, Denice Benefiel and Ryan Cromer.
Defendant KD&R Enterprises is accused of publicly performing copyrighted musical compositions and/or causing such musical compositions to be publicly performed without authorization. The complaint lists Stallings, Benefiel and Cromer separately as Defendants on the grounds that each is an officer or member of KD&R Enterprises with a responsibility for its operation and that each has a direct financial interest in the company.
The complaint alleges that Defendants were contacted 70 or more times “in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license for the public performance of musical compositions in the BMI repertoire” but that infringement of BMI’s copyrighted works continued. In this lawsuit, six claims of willful infringement are made against Defendants.
BMI is joined in this copyright litigation by the owners of the copyrighted works: Dennis Linde Legacy, Rondor Music International, Inc. d/b/a Irving Music, Songpainter Music, Universal-Songs of Polygram International, Inc., Songs of Universal, Inc., Escatawpa Songs and McMoore McLesst Publishing.
Plaintiffs seek injunctive relief along with statutory damages, costs and attorney’s fees.
Indiana Trademark Litigation: Student-Housing Firms in Dispute over Use of “ANNEX”
Indianapolis, Indiana – Plaintiff Mecca Companies Inc. d/b/a Annex Student Living of Indianapolis, Indiana filed a trademark infringement complaint in the Southern District of Indiana against Defendant Trinitas Ventures LLC of Lafayette, Indiana.
Mecca offers student-housing services in three states, including Indiana and Ohio, under THE ANNEX or ANNEX. It states that it began to use ANNEX to identify its student housing in 2013 but makes no mention of having received a federal or state trademark registration.
Mecca contends that Trinitas offers competing services in an Ohio student-housing property using the name ANNEX and asserts that this use is likely to cause consumer confusion. In this federal lawsuit, brought by Indiana trademark attorneys for Mecca, the following causes of action are listed:
• Count I: Trademark Infringement and Unfair Competition Under 15 U.S.C. § 1125(a)
• Count II: Violation of Ohio Deceptive Trade Practices Act, ORC 4165.02• Count III: Common Law Unfair Competition under Ohio Law
Mecca seeks damages, including punitive damages, along with injunctive relief, costs and attorneys’ fees.