Indiana Intellectual Property Law News
LifeWise, Inc., based in Hilliard, Ohio, has filed a lawsuit against Zachary Parrish of Ft. Wayne, Indiana, alleging willful copyright infringement. LifeWise is a privately funded, Christian non-profit organization that provides off-campus, released-time religious instruction to public school students whose families choose it. The organization has developed its own curriculum for use in the program and for licensing by third parties.
LifeWise claims that Parrish pretended to be a volunteer to gain unauthorized access to the password-protected curriculum and subsequently made it available on his own website. Additionally, LifeWise alleges that Parrish is the administrator of a private Facebook group called Parents Against LifeWise and has used the curriculum to undermine the organization and its mission. The plaintiffs argue that this unauthorized use and publication of their curriculum not only violated copyright laws but also jeopardized the sustainability and effectiveness of LifeWise’s educational programs.
Counsel for LifeWise repeatedly requested that Parrish remove the curriculum, but he refused, citing fair use. Court documents reveal that LifeWise filed a Digital Millennium Copyright Act (DMCA) Complaint and Takedown Notice, which led to the temporary removal of the curriculum from the hosting website. Parrish responded by filing a Counter Notice, arguing that the removal was a mistake because the curriculum falls under fair use.
LifeWise contends that this is not a case of fair use, as they hold the legal copyrights to the curriculum and are the exclusive owners of the registered work (TX 9-112-452).
In a final response, LifeWise filed suit and is seeking an injunction against Parrish, an order forcing Mr. Parrish to destroy all Curriculum materials in his custody, and monetary damages due to the loss of sales, attorneys’ fees, and court costs.
The case has been assigned to Chief Judge Holly A Brady and Magistrate Judge Susan L Collins in the U.S. District Court of Northern Indiana, and assigned Case No. 1:24-cv-00268-HAB-SLC.