Indiana Intellectual Property Law News
China – Plaintiff Guangzhou Shima Decoration Materials Co., Ltd. (Shima), a Chinese corporation specializing in home improvement items and building materials, has brought legal action against Shenzhen Ruimingxiang Technology Co., Ltd. (SRT) for alleged copyright infringement.
Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.
According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com. Shima alleges that SRT’s actions amount to willful infringement, resulting in substantial financial losses.
Shima has issued a notice of infringement under the Digital Millennium Copyright Act to Amazon.com, as well as formally filing a legal action against SRT, invoking the provisions of the Federal Copyright Act.
The relief sought by Shima includes an injunction restraining SRT, its agents, and servants from infringing on the Diamond Tile copyright. Furthermore, Shima demands the impoundment and destruction of all copies of the SRT diamond tile work under SRT’s control. The company also seeks to recover damages resulting from SRT’s alleged unlawful acts, including prejudgment interest. Shima additionally requests compensation for gains and profits enjoyed by SRT at Shima’s expense.
The case has been assigned to District Judge Richard L. Young and Magistrate Judge Tim A. Baker, in the U.S. District Court of Southern Indiana , and assigned Case No. 1:24-cv-41.