Copyright Infringement

January 26, 2024

Diamonds in Dispute: Shima’s Legal Battle Against SRT for Copyright Infringement

China – Plaintiff Guangzhou Shima Decoration Materials Co., Ltd. (Shima), a Chinese corporation specializing in home improvement items and building materials, has brought legal action against Shenzhen Ruimingxiang Technology Co., Ltd. (SRT) for alleged copyright infringement.

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.

According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com. Shima alleges that SRT’s actions amount to willful infringement, resulting in substantial financial losses.

January 19, 2024

Copyright Clash: Ivan Radic’s Legal Stand Against AllCity Adjusting, LLC and Zor Development, LLC

By Overhauser Law Offices, LLC

In a recent legal action, photographer Ivan Radic has filed suit against AllCity Adjusting LLC and Zor Development LLC for allegedly infringing upon his intellectual property rights. According to Radic, he is a seasoned professional photographer known for his diverse portfolio and creative styles. He has accused the defendants of unauthorized use and distribution of his copyrighted work.

The complaint explains that the heart of the matter lies in Radic’s creation, a photograph titled “Plaster falling off the ceiling,” crafted in 2020 and officially registered under copyright law in 2021. Radic claims this work, publicly displayed on his Flickr page, was accompanied by explicit copyright management information and a denial of usage rights to the public.

Court documents state that Defendant AllCity Adjusting LLC, is a family-owned claims company aiding property owners in insurance claims and disaster relief. Radic has accused AllCity and Zor Development LLC, the registrant of AllCity’s website, of copying and showcasing his work on their website’s blog section without Radic’s consent. Moreover, the defendants allegedly removed Radic’s copyright management information, in what he claims is a clear violation of his rights under the Copyright Act.

January 1, 2024

Copyright Infringement in the Digital Age: Watson Music Group v. Borshoff, Inc.

By Overhauser Law Offices, LLC

In the contemporary digital landscape, the protection of intellectual property, especially in the realm of creative works, has become a paramount concern. Copyright infringement, the unauthorized use or reproduction of copyrighted material, continues to pose significant challenges for creators and rights holders. A recent case involving Plaintiff Watson Music Group, LLC. d/b/a Quadrasound Music and Defendant Borshoff, Inc. sheds light on the complexities and legalities surrounding copyright infringement in the digital sphere.

Plaintiff Watson Music Group, a Florida-based limited liability company, alleges that Defendant Borshoff, Inc., an Indiana corporation, infringed upon its copyrighted musical work titled “Space Jam.” The alleged infringement occurred on Defendant’s social media account ‘@borshofftalks’ hosted on Facebook.

The complaint describes an unauthorized posting of a discernable excerpt of the Plaintiff’s copyrighted musical work on the Defendant’s Facebook account. The Plaintiff asserts that the Defendant, without obtaining proper permission or authorization, reproduced, stored, and made available the copyrighted material for public performance via a digital audio transmission, thereby violating the Plaintiff’s exclusive rights as a copyright holder.

December 29, 2023

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

By Overhauser Law Offices, LLC

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.