Indiana Intellectual Property Law News
Fort Wayne, IN – Rich Iwasaki of Beaverton, Oregon filed suit alleging Apollo Design Technology, Inc.
(“Apollo”) of Fort Wayne, Indiana infringed his copyrighted work, Registration No. VA 2-132-257. The Complaint alleges Iwasaki’s copyrighted work, which is a photograph of skyscrapers in Chicago, Illinois (the “Photograph”) was registered by the U.S. Copyright Office on November 28, 2018. Iwasaki is seeking actual damages, Apollo’s profits, alternatively statutory damages, costs, attorneys’ fees, punitive damages, and any other relief the court may deem proper.
Iwasaki claims he took the Photograph, added his watermark to the Photograph, and that he has always been the sole owner of the Photograph and the copyright thereto. The complaint alleges Apollo published an article on its website that included the Photograph entitled Prepared to be Wowed – the 2018 DesignScapes Product Line Has Arrived! Iwasaki claims Apollo did not have a license to publish the Photograph, nor did it have his consent or permission to use his Photograph on its website.
The Complaint alleges copyright infringement against Apollo pursuant to the Copyright Act, 17 U.S.C. §§ 106 and 501, and damages for infringement pursuant to 17 U.S.C. § 504(b). Iwasaki also claims Apollo violated 17 U.S.C. § 1202(b) by falsifying, removing, or altering his watermark and copyright management information identifying him as the photographer. Iwasaki claims he may elect to recover the actual damages under 17 U.S.C. § 1202 or statutory damages of at least $2,500 up to $25,000 per violation of 17 U.S.C. § 1202, pursuant to 17 U.S.C. § 1203(c)(3).
This case has been assigned to Judge Theresa L Springmann and Magistrate Judge Susan L Collins in the Northern District, and assigned Case No. 1:19-cv-00094-TLS-SLC