Indiana Intellectual Property Law News
Indianapolis, Indiana – Attorney Richard Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging Hana Business Group (“Hana”) conducts business in the district and infringed his rights in United States Copyright No. VA0001785115 “Indianapolis Nighttime Photo”. Bell seeks injunctive relief, judgment including statutory damages, and attorneys’ fees.
Bell is an attorney and photographer who claims to have taken a photograph of the Indianapolis skyline in March 2000, which he registered with the U.S. Copyright Office August 4, 2011. Since registering his photograph, Bell claims to have used the Indianapolis Nighttime Photo in advertising to the extent that the public can identify the photo as being taken by him. Bell has also filed numerous lawsuits claiming copyright infringement of the Indianapolis Nighttime Photo since its registration.
According to the Complaint, Hana does business under the name “Cheap Party Bus Rental Indianapolis Indiana.” In 2019, Bell conducted an internet search and found that the Indianapolis Nighttime Photo was published and visible to viewers on Hana’s website. Bell claims Hana utilized the Indianapolis Nighttime Photo on its website to attract prospective customers.
Bell alleges Hana knew it did not own the photo or have the right to publish the photo, refuses to pay for the unauthorized use, and has not agreed to be enjoined from using the photo. Therefore, Bell is seeking judgment and damages for copyright infringement pursuant to the Federal Copyright Act.
The case was assigned to District Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore in the Southern District and assigned Case 1:19-cv-01249-RLY-MJD.