Copyright Infringement

July 26, 2022

The TELAH Foundation Alleges Copyright and Trademark Infringement in Lawsuit

Mishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):

- - - - Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
        
        Video Work Beyond human- -the last call (Certificate Number PA000867224)
        
        Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
        
        Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
        
        Federal Trademarks:
        
        HEAVEN’S GATE Registration No. 3,824,482
        
        HEAVEN’S GATE Registration No. 3,816,596
        
        Registration No. 5,148,959

June 17, 2022

Design Tascono, Inc. sues The Concrete Lady, Inc. for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”).

According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures. Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line retailers and through its network of North American brick-and-mortar distributors and retailers.

June 6, 2022

Violation of Etsy License Agreement Leads to Copyright Infringement Suit

By Overhauser Law Offices, LLC

Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography. She also sells digital backgrounds for photographers through an Etsy store called Enchanted Eye Creations by Tara Mapes. The limitations on the license under which she sells the digital backgrounds on her Etsy store is listed in numerous locations.

Mapes created the picture “Santa with Magic Snow Globe” and applied for a Copyright Registration with the United States Copyright Office. She was granted registration on December 17, 2018.

May 26, 2022

Popular Night Club Accused of Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Peer Music III LTD, Universal – Songs of Polygram International, Inc., Songs of Universal, Inc., EMI Consortium Songs, Inc. d/b/a EMI Longitude Music, Fourteenth Hour Music, Inc., Springtime Music, Inc., EMI Blackwood Music, Inc. Sony/ATV Songs LLC, and Fall out Boy Inc. d/b/a Chicago X Softcore Songs have allegedly contacted Warehouse L.L.C. d/b/a The Verve over 60 times since March 2018 to discuss their obligations under the Copyright Act without success.

April 20, 2022

Photographer, Lisa Corson sues for Copyright Infringement

By Overhauser Law Offices, LLC

Fishers, Indiana – Plaintiff Lisa Corson creates photos, which she licenses for various uses including online and print publications. Corson’s client list includes AARP, Country Living, Delta Airlines, Google, House & Garden, The National Geographic Channel, The New York Times, and The Washington Post.

August 23, 2021

Auralex Acoustics Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently Sayre Berman (“Berman”), the Plaintiff, creates photographic images, which she licenses for various uses including online and print publications. Berman claims she took a photograph of Ray Luzier (the “Photograph”) on March 25, 2019 and registered that photograph with the U.S. Copyright Office under Registration No. VA 2-145-705.

According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc.’s (“Auralex”) website on July 13, 2021. Auralex, the Defendant, apparently also uploaded the Photograph to its Instagram and Facebook accounts. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. Further, the infringing posts each apparently included a URL “for a fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than transitory duration and therefore constitutes a specific infringement.”

August 20, 2021

Shelbyville-Based Photographer Sues Dr. Brite for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, Amy Haehl (“Haehl”), the Plaintiff, is a nationally renowned photography that promotes her work through her photography studio, Coffee Creek Studio. Haehl claims she first gained national notoriety in 2018 after she recreated scenes from “A Christmas Story” featuring a baby wearing pink bunny pajamas. Her work has apparently been featured on “Fox & Friends” and the websites for the “Today” show and “Good Morning America.”

Haehl claims that she drew inspiration from her previous success with using model babies to use photo editing software to add teeth to her infant subjects. According to the Complaint, she registered a series of those images with the U.S. Copyright Office as Group Reg. No. VA0002191510. Further, Haehl claims she posted a copyright notice alongside each photograph posted on her Facebook page.

June 23, 2021

Copyright Alternative in Small-Claims Enforcement (CASE) Act Enacted by Congress

By Overhauser Law Offices, LLC

USA – The Copyright Alternative in Small-Clams Enforcement (CASE) Act was enacted on December 27, 2020. This creates a Copyright Claims Board consisting of three officers chosen by the Librarian of Congress and the Register of Copyrights. The officers will act as arbitrators for civil copyright claims and counterclaims capped at $30,000 in damages for declaratory judgment of non-infringement or for notices under the Digital Millennium Copyright Act. The Board is expected to be operational by December 27, 2021.

Parties may affirmatively opt out of adjudication before the board within 60 days of service. Failure to do so will serve as consent to the proceeding before the Board and will waive the right to a jury trial.

The proceedings before the Board are also less formal. While parties can conduct written discovery, they may not conduct depositions under the CASE Act. Further, unlike federal district courts, attorneys’ fees are not generally awardable to prevailing parties.

June 21, 2021

Indianapolis Bouldering LLC Seeks Declaratory Judgment of Non-Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently Indianapolis Bouldering LLC, the Plaintiff, provides bouldering facilities as part of its fitness facility. According to the Complaint, Indianapolis Bouldering intends on opening a 52,000 square foot fitness facility (“North Mass Boulder”) in May 2021 using images of rocks and natural surfaces to create an organic branding aesthetic. The Defendants, BP Holdings Company, LLC, Seattle Bouldering Project, LLC, Minneapolis Bouldering Project, LLC, and Austin Bouldering Project, LLC (“Defendants”), allegedly operate climbing gyms in Washington, Texas, and Minneapolis with colorful and geometric branding.

Indianapolis Bouldering acknowledges in the Complaint that for “a brief period of time in late 2020, one of its members used content from one of Defendant’s websites (the “Website Content”) as a placeholder text during the website design process.” It further claims the Website Content was removed after being publicly available for two weeks and was replaced. The Parties apparently exchanged multiple letters regarding the Website Content and various other intellectual property rights. According to the Complaint, Defendants continued to threaten suit to enforce their purported intellectual property rights.

Therefore, Indianapolis Bouldering is seeking a declaratory judgment that (1) the intellectual property interests asserted by Defendants are invalid and/or unenforceable; (2) it is not infringing, has not infringed, and is not liable for infringing any allegedly enforceable intellectual property interest; and (3) non-violation of alleged trade secrets of Defendants.

June 18, 2021

La Porte-Based Company, Anglotopia, LLC, Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indiana – Apparently Stefan Schnebelt, the Plaintiff, is a professional photographer that licenses his photographs. Schnebelt claims he took a photograph of Murlough Bay in Northern Ireland (the “Photo”) and later placed it on his website www.stefanschnebelt.com with a gutter credit. Schnebelt also claims to have registered the Photo with the U.S. Copyright Office under Registration No. VA 2-111-254.

According to the Complaint, Anglotopia, LLC, the Defendant, operates the website www.Anglotopia.net. Schnebelt claims Anglotopia posted an article entitled The Telly Fiver-Five Game of Thrones Filming Locations You Can Visit along with the Photo on its website without his permission or a license. Therefore, Schnebelt is seeking damages for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501. Further, Schnebelt is claiming Anglotopia removed his copyright management information in violation of 17 U.S.C. § 1202.