Articles Posted in Copyright Infringement

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Chicago, IL – Copyright attorneys for Rude Music Inc. of Palatine, Illinois have filed a lawsuit in the Northern District of Illinois alleging that Republican presidential candidate Newt Gingrich and the American Conservative Union of Washington, D.C. infringed the copyrighted song “Eye of the Tiger,” which has been registered with the US Copyright Office.

Rude Music is owned by Frank Sullivan, who is a co-author of “Eye of the Tiger,” which was the theme song from the movie Rocky III. SurviorEyeOfTheTiger.jpgThe complaint alleges that Newt Gingrich has been appearing at campaign and fundraising events since 2009 where the copyrighted song was played as he took the stage. Some of these events were fundraising events for the American Conservative Union while other events were part of Gingrich’s presidential campaign. The complaint states that Gingrich’s use of the song is unlicensed, unauthorized and willful infringement. Interestingly, the complaint alleges that Gingrich’s experiences in the House of Representatives as well as being president of Gingrich Productions, a multimedia company, make him knowledgeable about copyright infringement. The complaint seeks an injunction barring Gingrich’s use of the song, damages, attorney fees and costs.

Practice Tip: While this type of unauthorized use of a copyrighted song is likely infringement, it is an interesting question whether Gingrich would have the defense of fair use, particularly in the context of political speech and its first amendment protection. Other political campaigns have also faces similar suits. In 2008, John McCain was sued over his use of the song “Running on Empty” by Jackson Brown. McCain filed a motion to dismiss, citing the fair use doctrine. The court denied the motion to dismiss, but the case was settled soon after.
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Indianapolis, IN – Copyright attorneys for Lioness Vizions, LLC, Angentia Childs of Indianapolis, Indiana and Delina Hill-Brooker of Powder Springs, Georgia filed a copyright infringement suit in the Southern District of Indiana alleging that Rhasha and Mikel Hoosier of Gahanna, Ohio, Reign Media Group and Romantic Media Group of the State of Ohio infringed the copyrighted work Revealing & Healing: 3 Women’s Stories of Survival. The plaintiffs also allege other claims based on the operation of a limited liability company that marketed and sold the book.

The complaint describes how Ms. Childs, Ms. Hill-Brooker and Ms. Hoosier wrote a book together, which is the allegedly copyrighted work. Because they could not find a publisher, the three women formed a limited liability company, Lioness Vizions LLC, to publish, market and sell their book.3WomensStory.jpg The complaint states that the three women assigned their copyright to the company. The complaint states that in August 2010, Ms. Hoosier resigned from company and then dissolved the company without the authorization of the two other women. The complaint alleges that Ms. Hoosier, however, went on to market and sell the book on her own and formed another company to sell the book. The complaint states that Ms. Hoosier has appeared on radio shows and done other promotional activities to sell the book and has not shared the profits with the other co-authors. The complaint makes claims of wrongful dissolution for Lioness Vizions LLC, copyright infringement, right of publicity infringement, breach of operating agreement, breach of fiduciary duty, civil theft, tortuous interference with existing or potential business relationships, and unfair competition. Copyright attorneys are seeking an injunction, damages, return of all copies of the book, an order reinstating Lioness Vizions LLC, disgorgement of profits,

Practice Tip: It is interesting to note that the Plaintiffs claim venue is proper in Indiana because “solicitation of the Plaintiffs took place” in Indiana. Lioness Vizions LLC was registered as an Ohio limited liability company.
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Indianapolis; IN – Trademark lawyers for Coach Inc. of New York, New York filed a trademark and copyright infringement suit in the Southern District of Indianaalleging Kristy Davidson d/b/a Kristy’s Trends of Greenfield, Indiana infringed the Coach’sCoach.jpg registered trademarks and copyrights, including the copyrighted works known as the “Coach Design Elements” including the SIGNATURE C DESIGNS, Registration No. VAu1-046658, COACH 70th ANNIVERSARY SNAPHEAD PRINT Registration No. VA1-010-918, and COACH CLOVER DESIGN, which have been registered by the US Copyright Office, and approximately fifty trademarks that have been registered by the US Trademark Office.

The complaint alleges that Ms. Davidson is designed, distributed, sold, promoted and offered for sale products that bear the Coach marks and copyrights without authorization from Coach. Essentially, Coach claims the Ms. Davidson is offering counterfeit Coach products for sale. The complaint alleges that on November 7, 2011, a Coach Representative visited Kristy’s Trends in Greenfield, Indiana and purchased a handbag bearing the Coach marks, but that was not an authentic Coach handbag. The complaint alleges that the representative saw 20 additional handbags, six wallets, and a pair of boots bearing the Coach marks that was offered for sale. The complaint states that Coach’s trademark attorneys sent a cease and desist letter to Ms. Davidson thereafter. In response, Ms. Davidson surrendered handbags, wallets, sunglasses and boots bearing the Coach marks.

The complaint makes claims of copyright infringement, trademark infringement, trade dress infringement, false designation of origin, false advertising, trademark dilution, unfair competition, forgery and counterfeiting. Coach seeks an injunction, damages of $2,000,000 per counterfeit mark, actual and punitive damages, costs and attorney fees.

Practice Tip: Coach has been very aggressive in protecting its intellectual property rights in Indiana courts in the last year. Coach’s intellectual property attorneys have filed eight similar lawsuits in Indiana courts, which Indiana Intellectual Property Law and News has blogged and that are linked below.
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South Bend, IN – Trademark lawyers for Coach, Inc. of New York, New York filed a trademark and copyright infringement suit in the Northern District of Indianaalleging The Treasure Box, Inc. of Elkhart, Indiana infringed the Coach’s registered trademarks and copyrights, including the copyrighted works known as the “Coach Design Elements” Coach.jpgincluding the SIGNATURE C DESIGNS, Registration No. VAu1-046658, COACH 70th ANNIVERSARY SNAPHEAD PRINT AND Registration No. VA1-010-918, COACH CLOVER DESIGN, which have been registered by the US Copyright Office, and approximately fifty trademarks that have been registered by the US Trademark Office.

The complaint alleges that the Treasure Box has advertised, sold, or offered for sale handbags, wallets, key chains, earrings and sunglasses bearing the Coach marks without authorization from Coach. The complaint states that on October 25, 2011, a Coach representative visited The Treasure Box store in Elkhart, Indiana and purchased a handbag, wallet and key chain bearing the Coach marks.. The representative also saw 25-30 additional items for sale in the store that bore the Coach marks, all of which were counterfeit items. The complaint makes claims of copyright infringement, trademark infringement, trade dress infringement, false designation of origin, false advertising, trademark dilution, unfair competition, forgery and counterfeiting. Coach seeks an injunction, damages of $2,000,000 per counterfeit mark, actual and punitive damages, costs and attorney fees.

Practice Tip: Coach’s latest compliant is very similar to several others it has recently filed in Indiana, which Indiana Intellectual Property Law and News has blogged and that are linked below.
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Indianapolis, IN – A trademark and copyright infringement case filed in the Southern District of California has been transferred to the Southern District of Indiana. Intellectual property attorneys for SoftMaker and SEG, both of Nuremberg, Germany have filed a trademark and copyright infringement suit in the Southern District of California alleging that Third Scroll of Indianapolis, Indiana infringed trademark registration no. 3,051,159 for the mark SOFTMAKERSoftmaker.jpg and trademark registration no. 3,104,173 for the mark TEXTMAKER registered by the US Trademark Office. The case was transferred to the Southern District of Indiana on November 29.

The plaintiffs are software development companies. The complaint states the suit is based on the defendant’s production, importation and sale of hacked copies of the plaintiff’s software bearing the plaintiff’s trademarks. The complaint alleges that the defendants offered pirated copies of the plaintiff’s software online, including the programs Textmaker®, Planmaker®, and Softmaker Presentations®. The plaintiff states that its software is protected by U.S. copyright laws and international treaties recognizing copyrights. The copyrighted software also bears the plaintiff’s trademarks. The complaint makes claims of copyright infringement, “circumvention of copyright protection measures,” trademark infringement and counterfeiting, false designation of origin, and unfair competition.

Practice Tip: This case was originally filed in the Southern District of California. The only allegation of a connection to California in the complaint is that defendant’s website was accessible there. The defendant succeeded in getting the case transferred to Indiana, the domicile of the defendant company.
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Washington, D.C. – The U.S. Department of Justice and National Crime Prevention Council have launched a new website NCPC.jpgdesigned to educate the public about intellectual property theft. The site focuses on four types of criminal intellectual property theft: counterfeit drugs, pirated products, fake consumer goods, and gangs and organized crime. The site provides background on the extent of the intellectual property theft in the United States and the impact on the economy. For example the site states “More than 250,000 more people could be employed in the U.S. automotive industry if it weren’t for the trade in counterfeit parts.”

The website is part of a larger campaign by the Department of Justice to raise public awareness about intellectual property theft. U.S. Attorney General Eric Holdergave a speech earlier this week to launch the campaign. Attorney General Holder stated “For far too long, the sale of counterfeit, defective, and dangerous goods has been perceived as “business as usual.” But these and other IP crimes can destroy jobs, suppress innovation, and jeopardize the health and safety of consumers.”

Practice Tip: Intellectual property attorneys may find the new website’s links to resources as well as instructions on where to report intellectual property theft useful.

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New Albany, IN – Copyright lawyers for Jeral Tidwell of Kentucky filed a copyright infringement suit in the Southern District of Indianaalleging VSJ, Ltd of the United Kingdom and Raw International, LLC d/b/a Nitro USA of Valencia, California infringed the copyrighted work INK ALCHEMY which has been registered by the US Copyright Office.

The complaint states that Mr. Tidwell isThumbnail image for InkAlchemy.jpg an artist who creates markets and sells various images, including the copyrighted work, Ink Alchemy, which he created in 2008. Mr. Tidwell saw the defendant’s display at a trade show in Indianapolis in February 2011 and saw that the defendant’s were using his copyrighted work on motorcycle helmets without his authorization. Mr. Tidwell then discovered that the defendants were marketing helmets with the infringing images on their website as well. The complaint makes one claim of copyright infringement and seeks an injunction, damages, profits, attorney fees and costs.

Practice Tip: The complaint states that “venue” is appropriate in the Southern District of Indiana because the defendants have been conducting business in Indiana and specifically points to a website of the defendants that is accessible online. This sounds more like a personal jurisdiction argument, rather than a venue argument.
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Evansville; IN – Copyright attorney for Joe Hand Promotions of Feasterville, Pennsylvania filed a copyright infringement suit in the Southern District of Indiana alleging James C. Tosti d/b/a Sam & Jimmys Ho Bo Jungle Bar and JimSam, LLC, and unknown business entity d/b/a Sam & Jimmy’s HO BO Jungle Bar of Evansville, Indiana has illegally intercepted and broadcast Ultimate Fighting Championship 106: Tito Ortiz v. Forest Griffin II,JoeHandPicture.jpg a broadcast to which Joe Hand owned exclusive national broadcast rights.

The UFC fight at issue here was broadcast on November 21, 2009. Copyright attorneys have made claims both against the bar as a business entity and seeking personal liability claims against the owner. The complaint alleges one count of copyright infringement in violation of 47 U.S.C. § 605, one count of copyright infringement 47 U.S.C. § 553, and one count of conversion. Copyright attorneys for Joe Hand are seeking statutory damages of $150,000 as well as costs and attorney fees.

Practice Tip: Joe Hand Promotions is a frequent litigant and has brought several cases this year against defendants alleged to have illegally intercepted and/or broadcast UFC fights. Indiana Intellectual Property Law and News has previously blogged on the cases below:

  • Joe Hand Promotions Sues Lawrenceburg, Indiana Bar for Showing UFC Fight Without Authorization
  • Joe Hand Promotions Sues Beerbelly’s over Interception of Broadcast Signal
  • Joe Hand Promotions Sues Longwell and Pitt Stop Pub & Grill for Intercepting UFC Broadcast

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Indianapolis; IN – Copyright attorneys for J & J Sports Productions, Inc. of Campbell, California filed seven separate copyright infringement suits in the Southern District of Indiana alleging that seven Indianapolis restaurants illegally broadcast a fight on November 14, 2009, specifically “Firepower: Manny Pacquiao v. Miguel Cotto, WBO Welterweight Championship Fight Program” a copyrighted work to which J&J Sports Productions owns exclusive national broadcast rights. The seven restaurants are Fandango’s Night Club, Taqueria Jalisco, El Sol Azteca, El Taco Torro, Rea Night Club, Moctezuma Restaurant and Pollos Los Reyes.

Picture.jpgThe complaints are nearly identical in each case. Copyright attorneys have made claims both against the restaurants and personal liability claims against the owners. Each group of defendants is accused one count of copyright infringement in violation of 47 U.S.C. § 605, one count of copyright infringement 47 U.S.C. § 553, and one count of conversion. Copyright attorneys for J&J are seeking statutory damages of $150,000 as well as costs and attorney fees.

In addition to these seven lawsuits, J&J filed eighty-seven other lawsuits in the district courts around the country alleging illegal broadcast of the copyrighted fight in question here between November 1 and November 14, 2011.

Practice Tip: All of these lawsuits were filed on the eve of the two year anniversary of the broadcast that the defendants are alleged to have illegally broadcast. When Congress passed the Cable Communication Act, a statute of limitations was not included. Some federal courts have determined that a two year statute of limitation is appropriate while other federal courts have used a three year statute of limitations.
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Washington, D.C. – The United States House of Representatives is considering a bill directed as providing law enforcement more tools to stop illegal online file sharing and copyright infringement. The bill, titled the “Stop Online Piracy Act,” was introduced by Representative Lamar Smith of Texas on October 26, 2011. house-gov.jpgThe bill would authorize the Department of Justice to seek a court order requiring alleged infringers as well as domain names and websites to immediately cease any activities that are intellectual property criminal offenses. The bill would also create a new mechanism for seeking limited injunctive relief against the owners of domain names and websites to stop infringement occurring through their sites and domains. The bill also expands the definition of criminal copyright infringement to include public performance of copyrighted work by digital transmission or making work intended for commercial dissemination available on a computer network. The bill is also being called the E-PARISITE Act (“the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act”).

The bill is drawing criticism from a number of corners. Specifically, some critics have noted that the bill would allow the government or private parties to shut down entire websites, not just infringing content. A report from John Moe of NPR’s Marketplace, quotes extensively from Professor Mark Lemley of Stanford Law School, who stated ““What’s remarkable about this provision is that it would allow the government and in many cases private parties to come into court, get a temporary restraining order without the participation of the accused website and shut down not just the infringing material, but the whole website.”

The bill was referred to the House Judiciary subcommittee on Intellectual Property, Competition and the Internet, of which Indiana Congressman Mike Pence is a member.

Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
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Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
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101 W Ohio St #2000
Indianapolis, IN 46204
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