Indiana Intellectual Property Law News
Indianapolis, IN – Richard Bell of McCordsville, Indiana filed a lawsuit alleging Kirkbooher Enterprise LLC (“Kirkbooher”), a company that conducts business in Indianapolis, Indiana, who Bell alleges infringed his copyrighted photograph. Bell’s copyrighted work, Registration No. VA0001785115, was registered by the U.S. Copyright Office on August 4, 2011. Bell is seeking an order enjoining Kirkbooher and its employees from copying and using his copyrighted works; profits derived by Kirkbooher from the use of Bell’s photo; actual and/or statutory damages, costs, reasonable attorneys’ fees, and other relief as the court may deem proper.
Bell states he took the “Indianapolis Nighttime Photo,” at issue in this case, in March, 2000. The complaint alleges Bell has published or licensed the Indianapolis Nighttime Photo in compliance with copyright laws. Further, Bell claims he is the sole owner of the copyright and has utilized the photograph to promote his photography business. Bell has filed numerous lawsuits to assert his rights as a copyright owner of the Indianapolis Nighttime Photo.
The complaint alleges Kirkbooher published Bell’s Indianapolis Nighttime Photo on its website created to advertise its business in Indianapolis without his authorization. Bell claims Kirkbooher used his photograph to promote its convention in Indianapolis and to attract prospective customers. Bell claims he discovered Kirkbooher’s website with his photograph using the computer program Tineye in February 2019. He also claims Kirkbooher published his photograph in 2017, but he does not yet know the exact publication date.
Bell argues Kirkbooher is liable for copyright infringement for publishing his Indianapolis Nighttime Photo on its website without authorization and without giving proper credit. The complaint also alleges Kirkbooher is vicariously liable for any downloaded copy by each third-party from Kirkbooher’s website and for all profits resulting from such downloads. As Bell claims Kirkbooher’s willful actions violate 17 U.S.C. § 106, he is seeking damages pursuant to 17 U.S.C. §§ 504 and 505 and 15 U.S.C. § 1125(a).
This case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Tim A. Baker in the Southern District, and assigned Case No. 1:19-cv-01023-TWP-TAB.