The fourth element of a criminal prosecution for copyright infringement requires that the government prove that the defendant engaged in an act of copyright infringement “for purposes of commercial advantage or private financial gain.” It is unnecessary that a profit be made as a result of the infringing activities. This…
The third element of a criminal prosecution for copyright infringement requires that the government establish that the defendant possessed criminal intent to infringe the holder’s copyrighted work. Courts generally agree that a “willful” act must be “an act intentionally done in violation of the law.” However, in defining willfulness when…
The second element of a criminal prosecution for copyright infringement requires that the government prove that the defendant infringed upon the holder’s rights in its copyrighted intellectual property. Although the term “infringement” itself is not specifically defined in the copyright statute, 17 U.S.C. § 501(a) provides that: “[a]nyone who violates any of…
Indianapolis, Indiana – Richard N. Bell of McCordsville, Indiana, who is both an Indiana copyright attorney and a professional photographer, filed a lawsuit alleging copyright infringement in the Southern District of Indiana. Bell claims that Indiana Procurement Technical Assistance Center of Indianapolis, Indiana infringed his copyrighted “Indianapolis Skyline” photo, U.S.…
Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana, in conjunction with Washington, D.C. co-counsel, sued for patent infringement in the Southern District of Indiana. Lilly claims that Emcure Pharmaceuticals Ltd. of Pune, India; Heritage Pharma Labs, Inc. of East Brunswick, New Jersey; and…
The first element of a criminal prosecution for copyright infringement under 17 U.S.C. § 506(a) requires proof that the copyright at issue is a valid copyright. This may be established by demonstrating that the formal requirements of copyright registration have been satisfied. Although registration of a copyrighted work is not…
Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana filed a patent-related lawsuit against Uropep Biotech GbR of Garbsen, Germany in the Southern District of Indiana. Plaintiff Lilly is in the business of, among other things, the manufacture and sale of various pharmaceuticals including…
The U.S. Trademark Office issued the following 167 trademark registrations to persons and businesses in Indiana in July 2015 based on applications filed by Indiana trademark attorneys: Registration No. Word Mark Click To View 4773612 LIFESTYLE INNOVATIONS VIEW 4783708 PREMIUM PLANES VIEW 4781983 LIFELINE DATA CENTERS VIEW 4781870 TELESCOOP VIEW…
The U.S. Patent Office issued the following 143 patent registrations to persons and businesses in Indiana in July 2015, based on applications filed by Indiana patent attorneys: PATENT NO. TITLE D735,327 Transitional handle D735,298 Faucet D735,293 Filter element D735,287 Golf green divot repair tool D735,055 Multi-pocket hotdog package D735,049 Container…
The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that “[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain” shall be punished as provided in 18 U.S.C. § 2319. Section 2319 provides, in pertinent part, that a 5-year…