Copyright Infringement

December 29, 2023

Chef’s Legal Battle: Matsumoto Sues Pho Real LLC for Unauthorized Image Use

Plaintiff Shoichi Matsumoto has sued Defendant Pho Real LLC, alleging copyright infringement of Matsumoto’s original work, a photograph titled “Yakisoba-4”. Matsumoto, a private chef, TV host, and photographer, claims that Pho Real used his copyrighted work without permission on their website and on a food ordering platform, Grubhub Inc., to promote its restaurant business. Matsumoto asserts that he owns the copyright to the image and had not licensed or authorized Pho Real to use it.

The complaint specifies that Matsumoto registered the work with the Copyright Office and that Pho Real’s actions of copying, displaying, and distributing the photograph were unauthorized and willful. Matsumoto alleges that he suffered irreparable harm due to Pho Real’s actions and seeks damages, including Pho Real’s profits from the infringement or statutory damages, along with legal fees and costs. Additionally, Matsumoto requests a preliminary and permanent injunction to prevent Pho Real from further infringing on his copyright.

The case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Kellie M. Barr, in the U.S. District Court of Southern Indiana, and assigned Case No. 1:23-cv-02059-SEB-KMB.

December 25, 2023

Protecting Creative Rights: Alexander Bayonne Stross v. Homestead Properties, Inc.

By Overhauser Law Offices, LLC

A recent lawsuit, Stross v. Tiny Timbers, involves a copyright infringement dispute between Alexander Bayonne Stross, a photographer and owner of copyrighted works, and Homestead Properties, Inc. dba Tiny Timbers, a hardwood products manufacturer. Stross alleges that Tiny Timbers unlawfully used his copyrighted photograph for advertising and promotional purposes on Homestead Properties’ website without his authorization.

Stross has filed a complaint against Tiny Timbers citing violations of the Copyright Act, specifically alleging unauthorized copying, distribution, and removal of copyright identification. He asserts that his work was registered with the Copyright Office and contains identifiable copyright management information, which was removed by Tiny Timbers when they allegedly used the image without permission.

Seeking recourse, Stross pursues both injunctive relief to prevent further infringement claims and monetary damages or profits resulting from the alleged unauthorized use of his copyrighted work. Additionally, he requests attorney’s fees and other remedies provided for under the Copyright Act.

November 20, 2023

Photojournalist Accusing Indiana Company for Copyright Infringement

By Overhauser Law Offices, LLC

Photojournalist David Hoffman, a UK resident, is suing Lauth Investigations International, an Indiana investigation firm, for allegedly infringing on a 2005 copyrighted photograph titled “Homeless Woman 1.” According to the Plaintiff, Lauth used the photo in an article without permission, cropping it and removing copyright information for commercial use. Despite Hoffman’s notification, no resolution was reached.

Hoffman seeks various remedies for copyright infringement, including a declaration of infringement, claims of willful infringement, compensation for damages, legal fees, and interest. The aim is to prevent further infringement and related activities by the Defendant.

The case has been assigned to Judge James Patrick Hanlon and Magistrate Judge M. Kendra Klump, in the U.S. District Court of Southern Indiana, and assigned Case No. 1:23-cv-01678-JPH-MKK.

November 17, 2023

Taylor Shaye Designs LLC Takes On Shein Distribution Corp in Copyright Infringement Suit

By Overhauser Law Offices, LLC

Prairieville, LA – Plaintiff Taylor Shaye Designs LLC filed a complaint against Whitestown, IN Defendant Shein Distribution Corp for copyright infringement according to the U.S. Copyright Act, 17 U.S.C. § 101, et seq.

“Let’s Go Girls” – Taylor Shaye Designs LLC

Let’s Go Girls – Shein Distribution Corp

September 29, 2023

Christopher Sadowski Claims Copyright Infringement for Award-Winning Photography

By Overhauser Law Offices, LLC

New Jersey – Plaintiff Christopher Sadowski is suing Defendant Restoration 1 By J&D, LLC, of New Palestine, Indiana, over violation of the Copyright Act, 17 U.S.C. § 501, for allegedly reproducing, distributing, and publicly displaying Sadowski’s intellectual property for its own commercial purposes.

According to the claim, Sadowski is an award-winning photojournalist with 19 years of experience in documenting ordinary life and the human condition through photography. His work has been commissioned in magazines and newspapers such as the New York Post, Daily Mail Online, Reader’s Digest, USA Today, New York Times, Fox News, CBS News, NBC News, Boston Globe, Boston Herald, Los Angeles Times, Newsweek Magazine, and People Magazine. The complaint states that while the Plaintiff does sell limited, one-time use licenses to customers, he always retains copyright ownership of the photographs.

The suit accuses Restoration 1, a property damage restoration company, of using Sadowski’s photograph of Christmas lights on the Restoration 1 website without the proper licensing or permission to do so. The Plaintiff claims that the Defendant has never been licensed to use the photograph and upon learning of its unauthorized use, the Defendant has not been willing to negotiate a reasonable license for it. Furthermore, the complaint states that Restoration 1 displays a copyright disclaimer (“Copyright © 2017”) on the page of the website that contains the photo, allegedly asserting that Restoration 1 owns the rights to everything on the webpage, including the photo in question.

September 22, 2023

Dillon Construction Group Files Copyright Infringement Suit Against Andretti Global Construction Team

By Overhauser Law Offices, LLC

Hamilton County, Indiana– The Plaintiffs, DCG Indiana, Inc. d/b/a Dillon Construction Group, filed suit against Cardinal XLIII, LLC (Delaware); Motorsport Real Estate Ventures LLC (Delaware); Studio M Architecture and Planning, LLC (Indiana); Gradex, Inc. (Indiana); and Glenmark Construction Co. Inc. (Indiana) in part, for copyright infringement of works of original authorship.

According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract, which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. (Instruments of Service) created by DCG, while also maintaining that DCG was the author and owner of said Instruments of Service, and would, therefore, retain all common law, statutory and other reserved rights, including copyrights. More importantly, the claim states that the contract specified that should Cardinal not substantially perform its obligations, including payment of any past-due fees to DCG, the copyright license granted to Cardinal would automatically terminate. (Click to read the cited part of the Design-Build Contract.)

According to the Plaintiff, on March 10, 2023, Cardinal notified DCG that it would be terminating the Design-Build Contract. At the time the Plaintiff claims Cardinal still owed them $1,011.462.21, which, according to the terms of the Design-Build Contract, meant the copyright license granted to Cardinal should have ceased. However, the Plaintiff alleges that Cardinal continued to use DCG’s Instruments of Service after the illegal termination of the contract and even after receiving cease-and-desist letters from Plaintiff’s counsel.

March 30, 2023

Professional Photographer Files Copyright Infringement Suit Against Used Car Dealers

By Overhauser Law Offices, LLC

Portland, Indiana – Plaintiff Alexander Bayonne Stross (‘Stross”) has filed suit against Defendants, Lynn Boolman Auto Sales Limited Liability Company and CARSFORSALE.COM, INC. for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information.

According to the Complaint, Stross was inspired by the growth and development of his hometown Austin, Texas to become a professional photographer. He centers his expertise on complicated architectural and landscape photography. Per the StrossStock website, Stross was nominated and accepted as a professional member of the American Society of Photographers in 2016. He received his B.S. in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet.

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. They tout to be a family owned local car business always looking to give the best deal.

Defendant, CARSFORSALE.COM, INC, founded over 20 years ago, is an online auto marketplace operating out of Sioux Falls, South Dakota. Per their website, their goal is to empower customers to find exactly what they need with a click of the button, because car shopping should be as fun as the drive. They serve over 100 million shoppers annually and work directly with over 22,500 dealerships nationwide.

February 23, 2023

Former Employees and their New Employer Sued Over Stolen Software

By Overhauser Law Offices, LLC

Evansville, Indiana – The Plaintiff, MaddenCo, Inc. (“MaddenCo”) filed suit against former employees, James Reed (“Reed”) and Dru Darby (“Darby”) along with their new employer HG Autotech LLC (“HG Autotech”) for Breach of Contract, Breach of Fiduciary Duties, Tortious Interference, Copyright Infringement, False Advertising, False Representations, False Designations of Origin, Reverse Passing Off and Unfair Competition.

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers. MaddenCo provides systems for retail, wholesale, commercial and retreading operations for independent tire dealers, and retail and commercial solutions for service centers for truck stops, with full integration to their own accounts payable and general ledger solutions. MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022.

September 27, 2022

Former Employee Sues Kilroy’s for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC, Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright Infringement.

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He later was offered the position of AV Intern where his duties included services related to Defendants’ social media accounts and digital presence, assistance with their relationship with Barstool Sports, promotion of events, the creation of marketing and advertising content, which included the production, filming, and editing of video and digital content for the Defendants.

September 23, 2022

Rockville Bar Sued for Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success. Continue reading