Indiana Intellectual Property Law News
Indianapolis, IN – Richard Bell of McCordsville, IN filed three separate copyright infringement suits in the Southern District of Indiana against GSE Audio Visual (“GSE”), Christy Joy Caley (“Caley”), Maryco Cleaning Service, Inc. (“Maryco”), and National Swimming Pool Foundation (“National Swimming”), alleging that each infringed Copyright Number VA0001785115. The copyrighted work, “Indianapolis Nighttime Photo,” was registered by the U.S. Copyright Office on August 4, 2011. Bell is seeking permanent injunctions, both actual and statutory damages, costs, and attorneys’ fees against Defendants in all three actions.
Plaintiff is both a photographer and attorney who is well known for filing copyright infringement lawsuits on his own behalf. GSE is alleged to have utilized the Indianapolis Nighttime Photo on its website to promote and advertise its business within Indianapolis. Bell claims to have discovered this unauthorized use on April 5, 2018.
In the Complaint filed against Maryco, Bell states it authorized Caley to create a website to promote its business. Bell further claims that Caley downloaded the “Indianapolis Nighttime Photo” and posted it on Maryco’s website without his permission. Bell discovered the use of the photo through a Google image search in December 2018, however, he asserts that unauthorized use began in 2013.
National Swimming is alleged to have published the Indianapolis Nighttime Photo on its website without permission from Bell. Plaintiff claims unauthorized use was in December 2018 and stated he is unsure of when use of the photo began. Bell is claiming copyright infringement pursuant to 17 U.S.C. § 106 against all Defendants. He is further seeking damages pursuant to 17 U.S.C. §§ 504 and 505 and 15 U.S.C. § 1125(a).