Articles Posted in Copyright Infringement

Fort Wayne, Indiana – Design Basics, LLC of Omaha, Nebraska filed a copyright infringement lawsuit in the Northern District of Indiana. Defendants, located in Fort Wayne, are KAM Construction, LLC, KAM Construction, Inc., KAM AKAY Enterprises, LLC and Kamran Mirza, the owner of the three other Defendants.

Plaintiff Design Basics states that it is engaged in the business of creating, marketing, publishing and licensing the use of architectural works and technical drawings depicting those architectural works. At issue in this litigation are the following architectural works, which have been registered with the U.S. Copyright Office:

Defendants in this lawsuit are Indiana homebuilders. They are accused of having published, distributed, marketed and advertised floor plans that infringe Plaintiff’s copyrighted works. Those accused plans are marketed by Defendants as Monte Carlo and Monte Carlo 3.

Indiana copyright attorneys for Plaintiff list a single cause of action: copyright infringement. The court has been asked to order damages, equitable relief, costs and attorneys’ fees.

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Southern District of Indiana – Copyright lawyers for frequent litigant Design Basics, LLC of Omaha, Nebraska filed two additional intellectual property lawsuits in the Southern District of Indiana alleging copyright infringement.

Plaintiff is engaged in the business of creating, marketing, publishing and licensing the use of architectural works and technical drawings of those works. Defendants are Indiana home designers and homebuilders.

The first lawsuit lists Defendant as T.K. Constructors, Inc. of St. Delaware County, Indiana. In the second lawsuit, two Defendants are listed, Regal Homes of Southern Indiana, L.L.C. of Warrick County, Indiana and The Home Plan Co., LLC of Vanderburgh County, Indiana.

Each Defendant is charged with the violation of a single copyrighted work. Design Basics asserts that T.K. Constructors, Inc. violated the copyright Design Basics’ “Lancaster” plan, which has been registered with the U.S. Copyright Office under Registration Nos. VA 371-204, 694-094 and 756-041.

Defendants in the second lawsuit are accused of violating a copyrighted work titled “Briarwood,” which was registered under Reg. Nos. VA 624-144, VA 726-369 and VA 624-143. This complaint lists eight counts, four asserting “Non-Willful Copyright Infringement” and four alternatively asserting “Willful Copyright Infringement.”

Defendants in each lawsuit are accused of having infringed the copyrighted architectural works by “copying, publishing, distributing, advertising, marketing, selling and/or constructing in the marketplace” various works, such as plans, drawings and houses, that were copied or otherwise derived from Plaintiffs’ copyrighted works.

Plaintiff seeks damages, equitable relief, costs and attorneys’ fees.

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Northern District of Indiana – Copyright lawyers for Plaintiff Design Basics, LLC of Omaha, Nebraska filed three intellectual property complaints in the Northern District of Indiana alleging copyright infringement.

Plaintiffs are in the business of creating, marketing, publishing and licensing the use of architectural works and technical drawings of those works. Defendants are Indiana home designers and homebuilders.

Defendant in the first lawsuit is Miller Builders Inc. of St. Joseph County, Indiana. In the second lawsuit, two Defendants are listed, Citation Homes, Inc. and Citation Partners, LLC d/b/a Citation Partners, both of Tippecanoe County, Indiana. Defendants in the third lawsuit are Sky Hill Homes, Inc., By Larry Myers d/b/a Sky Hill Homes; Sky Hill Enterprises, LLC; Fall Creek Homes, Inc.; Fall Creek Development Corp. and Barry Light, all of Allen County, Indiana. W. L. Martin Home Designs LLC of Jacksonville, Florida joined as a second Plaintiff in the Sky Hill litigation.

Design Basics asserts that Miller Builders violated the copyright of a single work titled “Plan No. 2244 – Standley,” which has been registered with the U.S. Copyright Office under Certificate Nos. VA 434-218 and 752-162.

Defendants in the Citation and Sky Hill lawsuits are accused of violating multiple copyrighted works. Design Basics contends that Citation Defendants infringed copyrights in the following works:

Title                                       Registration Certificate Nos.
Plan No. 1330 – Trenton           VA 314-016, 694-094 & 756-041
Plan No. 1380 – Paterson         VA 314-024 & 694-094
Plan No. 1748 – Sinclair            VA 371-214, 694-094 & 726-353
Plan No. 1752 – Lancaster        VA 371-204, 694-094 & 756-041

Design Basics and Martin Home Designs list numerous allegations of copyright infringement in the lawsuit against the Sky Hill Defendants:

Title                                      Registration Certificate No.
Plan No. 1019 – Hazelton         VA 314-029, 726-355 & 694-093
Plan No. 1032 – Monte Vista    VA 282-203 & 752-162
Plan No. 1551 – Logan             VA 344-872 & 752-162
Plan No. 2219 – Shannon         VA 434-181, 752-162 & 1-950-217
Plan No. 2235 – Albany            VA 1-929-121, 434-219 & 756-041
Plan No. 2281 – Ingram            VA 434-179, 752-162 & 1-3340447752
Plan No. 3577 – Bennett           VA 682-208, 682-207, 694-095 & 710-605
Plan No. 4642 – Ackerly           VA 1-302-564
Plan No. 8013 – Gabriel Bay     VA 729-243 & 729-218
Plan No. 8031 – Robins Lane    VA 729-280 & 729-256
Plan No. 8103 – Deer Crossing  VA 726-352 & 726-446
Plan No. 8524 – Elgin               VA 1-074-917 & 1-077-469

Defendants in each lawsuit are accused of having infringed the copyrighted architectural works by “copying, publishing, distributing, advertising, marketing, selling and/or constructing in the marketplace” various works, such as plans, drawings and houses, that were copied or otherwise derived from Plaintiffs’ copyrighted works.

Plaintiffs seek damages, injunctive relief, costs and attorneys’ fees.

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Fort Wayne, Indiana – Plaintiff Angela Brooks-Nwenga of Fort Wayne, Indiana, acting pro se, filed two intellectual property lawsuits. The two complaints, comprising hundreds of pages, include allegations of copyright infringement.

Defendants in these lawsuits, both filed in the Northern District of Indiana, are National Heritage Academies, Inc. of Grand Rapids, Michigan and “Bart Peterson’s The Mind Trust” of Indianapolis, Indiana. Bart Peterson, the former mayor of Indianapolis, co-founded The Mind Trust in 2006.

Plaintiff Brooks-Nwenga alleges that Defendant National Heritage Academies infringed her rights in “Transitioning Into Responsible Students” (“TIRS”), which has been registered with the U.S. Copyright Office under Registration No. TX-6-628-223. Plaintiff asserts that she developed and piloted this program at Gambold Middle School in 2002 and that she owns the copyright.

The second lawsuit makes similar allegations of copyright infringement of TIRS against Defendant Bart Peterson’s The Mind Trust. Plaintiff contends that “Andrew Brown Education Model” and “Bridges to Success Model” are replicas of her copyrighted work.

Brooks-Nwenga previously sued The Mind Trust, United Way of Central Indiana, Central Indiana Education Alliance, Phalen Leadership Academies, and Indianapolis Public Schools asserting similar misconduct. That lawsuit, also filed in the Northern District of Indiana, was transferred to the Southern District of Indiana.

Plaintiff seeks injunctive relief, damages and costs.

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Indianapolis, Indiana – A copyright lawyer for Plaintiff Antara Murdock of Philadelphia, Pennsylvania sued in the Southern District of Indiana alleging that Defendant Author Solutions, LLC of Bloomington, Indiana committed copyright infringement.

Murdock, who is also known as Antara Shaddod, contracted with Author Solutions in 2009 to publish his written work, “Journey to Consciousness; Who Am I?,” which included cover artwork created also created by Murdock. According to the complaint, these works have been registered with the U.S. Copyright Office under Registration No. TXu-001821785.

This Indiana litigation arises from a dispute regarding the artwork on the cover of Murdock’s book, which Author Solutions published and marketed for Murdock. Murdock contends that he was dissatisfied with the artwork as the cover for his book and that he relayed this concern to Author Solutions. The complaint states that Author Solutions had asked Murdock to sign to approve the final version of the book, including the art on the cover. In e-mails with the company, Murdock asserted that a signature, which related to the cover artwork and was purportedly his, was fraudulent.

In this federal lawsuit, Murdock contends that, by unlawfully publishing an unapproved draft of his book, Author Solutions “willfully used Plaintiff’s copyrighted Works without his permission and that it published, communicated, benefited through, posted, publicized and otherwise held out to the public for commercial benefit, the original and unique work of Plaintiff without Plaintiff’s consent or authority, and acquired monetary gain and market benefit as a result.”

The complaint lists a single count, copyright infringement. Murdock asks the court for statutory damages of up to $150,000, along with injunctive relief, costs and attorney’s fees.

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Fort Wayne, Indiana – Copyright attorneys for Plaintiff Design Basics LLC of Omaha, Nebraska filed four new infringement lawsuits in the Northern District of Indiana.

The first lawsuit lists Heller & Sons, Incorporated d/b/a Heller Homes and Heller Development Corporation of Fort Wayne, Indiana as Defendants. They are accused of infringing the following architectural works, which have been registered with the U.S. Copyright Office:

Title                                      Copyright Registration Nos.
Plan No. 1032 – Monte Vista    VA 282-203 & 752-162
Plan No. 1380 – Patterson        VA 314-024 & 726-379
Plan No. 1748 – Sinclair           VA 371-214 & 726-353
Plan No. 1752 – Lancaster        VA 371-204 & 756-041
Plan No. 24077 – Baisden         VA 1-044-287 & 1-042-002

Plaintiff Design Basics was joined in this lawsuit by a second Plaintiff, W. L. Martin Home Designs LLC of Jacksonville, Florida. Plaintiffs claim that Defendants’ infringing plans are “Arthur Williams,” “David Mathew 2,” “Greyson,” “David Mathew 1” and “Spencer 5.”

The second lawsuit was filed against Defendant Slattery Builders LLC of Fort Wayne, Indiana. It is accused of infringing the following copyrighted works:

Title                                 Copyright Registration Nos.
Plan No. 8520 – Mindoro     VA 1-074-913 & 1-082-723
Plan No. 42065 – Hepburn   VA 1-671-719 & 1-921-774

Design Basics contends that Defendant is infringing with two plans, “Savannah” and “Oakhurst.”

The third lawsuit, filed against Ideal Suburban Homes, Inc. of Roanoke, Indiana asserts infringement of the following works:

Title                                    Copyright Registration Nos.
Plan No. 8093 – Kirby Farm   VA 729-227, 729-218 & 1-432-411
Plan No. 8095 – Sun Valley    VA 729-290 & 729-256

Defendant’s accused plans are entitled “Double Eagle” and “Calloway.”

In the final lawsuit, Design Basics was joined by two additional Plaintiffs, W. L. Martin Home Designs as well as Plan Pros, Inc. of Omaha, Nebraska. Defendants in this lawsuit, all Indiana entities, are: Fireside Homes Inc.; Fireside Development Company, LLC d/b/a Fireside Homes Development Company; Harth Homes, Inc.; Willies Development Corporation; and Oakbrook Homes, Inc. d/b/a Juniper Homes, Oakbrook Homes, Willie’s Oakbrook Homes and Riverview Lumber and Building Supply Co., Inc.

Plaintiffs contend that the following intellectual property has been infringed:

Title                                    Copyright Registration Nos.
Plan No. 2226 – Wycliffe       VA 434-195, 889-020 & 1-926-485
Plan No. 2245 – Tyndale        VA 434-205, 710-606 & 1-924-168
Plan No. 2377 – Leighton       VA 485-142, 757-614 & 1-942-396
Plan No. 2578 – Kaiser          VA 524-251, 710-606 & 1-928-399
Plan No. 2761 – Mayberry      VA 513-792, 710-606 & 1-926-488
Plan No. 2907 – Ashley         VA 624-090, 624-091 & 826-741
Plan No. 2952 – Francis         VA 624-098, 624-099 & 784-226
Plan No. 8030 – Burton Place VA 729-255 & 748-980
Plan No. 8093 – Kirby Farm    VA 729-218 & 729-227

In this complaint, the following plans are accused: The Concept Home, Model 1400, Model 1200, Model 1600, Model 1650, Model 1700, Model 1900, Model 1800, Model 1300, Model 1478, Model 1759, Model 1971, and Model 2295.

Design Basics seeks damages, injunctive relief, costs and attorneys’ fees.

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Indianapolis, Indiana – Plaintiff Richard Bell, a copyright lawyer and professional photographer, filed three more lawsuits in the Southern District of Indiana.

Defendant in the first lawsuit is Progressive Urban Management Associates of Denver, Colorado. The second lawsuit lists National Healthy Start Association of Washington, D.C. as Defendant. In the third lawsuit, an individual, Chris Young, is listed as Defendant.

In each of these lawsuits, Bell asserts copyright infringement of a photo, entitled “Indianapolis Photo,” which has been registered as Copyright Registration No. VA0001785115 by the U.S. Copyright Office. Each complaint also lists a count of unfair competition.

As with prior complaints, Bell asserts not merely copyright infringement but willful conduct, contending that Defendants in each lawsuit acted “with oppression, fraud, and malice.” He seeks the maximum statutory damages allowable as well as injunctive relief, costs and attorneys’ fees from all Defendants.

Practice Tip: Bell, who has filed numerous lawsuits in recent years alleging infringement of the “Indianapolis Photo” as well as the “Indianapolis Nighttime Photo” (the latter is not at issue in any of these lawsuits), has been discussed on this site before. See:

• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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