Articles Posted in Copyright Infringement

By

 

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.
Continue reading

By

 

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.
Continue reading

By

 

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.

By

 

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.
Continue reading

By

 

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

Continue reading

By

 

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.
Continue reading

By

 

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.

By

 

Lafayette, IN – According to a report from the Associated Press, Purdue University has released the name of a student Thumbnail image for Thumbnail image for Thumbnail image for purdue-p.gifwho is accused of illegally downloading an adult film from a dorm room internet connection. Last month, Indiana Intellectual Property Law and News reported on Magistrate Judge Andrew Rodovich of the Northern District of Indiana ruling that denied a motion to quash the subpoena that sought Purdue’s disclosure of the student’s name and address.

This Purdue student is one of 2,000 internet subscribers that Third Degree Films, Inc. of California alleges have committed copyright infringement by illegally downloading adult videos. Third Degree did not know the identities of the persons who allegedly illegally downloaded the copyrighted work, but did have the internet protocol (I.P.) address. Third Degree has served subpoenas on internet services providers attempting to uncover the identities of the subscribers with the specified I.P. addresses. The underlying copyright infringement lawsuit was filed by copyright attorneys for Third Degree in the Northern District of California. Several similar copyright infringement cases are currently pending in Indiana district courts.

The Purdue student had filed a motion to quash the subpoena issued on Purdue, arguing that the subpoena sought confidential information and was burdensome.

Practice Tip: Typically in a case like this, once the identity of the I.P. subscriber is learned, the copyright attorneys for the film company will send a letter to the person seeking a settlement and threatening to sue the person if a settlement is not reached.
Continue reading

By

 

Hammond, IN – Copyright attorneys for Abandoned Property, LLC have filed a copyright infringement suit against Netcentric Publishing. LTD. and Stacie Kellams and others. The lawsuit alleges that Abandoned Property AbandonedProperty.jpgdeveloped a course called “We’re hooked on overages” that teaches people how to recover amounts owed to them by various taxing authorities. Allegedly, the Defendants “purchased a copy of Plaintiff’s phenomenal course in January, 2010, but did so under what appears to be an alias, “Luke Matthews.””The complaint then alleges that the Defendants began selling a competing Course that was “identical” to the Plaintiff’s Course for $997.00 each.

The suit alleges various causes of action including Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Fraudulent Inducement, Declaratory Judgment and “Vicarious Liability.”

This may be a retaliatory suit. On July 18, 2011, Netcentric Publishing’s lawyer filed a suit against Abandoned Property and Joe Kaiser in Austin, Texas asserting claims for business disparagement, defamation, fraud, and tortious interference with existing and prospective business relationships. That case is in the Western District of Texas, Cause No. 1:11-cv-602.

Practice Tip: Plaintiffs complaint appears to suffer from several defects. It does not explicitly allege that the Plaintiff owns a Copyright Registration for its work, which is a prerequisite to filing a copyright infringement suit pursuant to 17 U.S.C. § 412. Also, it will be interesting to see how the Plaintiff can contend that its Course is a “trade secret,” in view of the fact that they make their Course available for purchase over the Internet. It is also not evident how the Plaintiff expects to assert personal jurisdiction over the defendants, who are in Texas.

Continue reading

By

 

Lafayette, IN – Magistrate Judge Andrew Rodovich of the Northern District of Indiana has denied a Motion to Quash Subpoena served on Purdue University Thumbnail image for purdue-p.gifof Lafayette, Indiana by Third Degree Films, Inc. of California as part of a copyright infringement lawsuit in the Northern District of California. In its suit in the Northern District of California, copyright attorneys for Third Degree alleged that 2,010 John Does infringement an adult video called “Illegal Ass 2” without its consent in violation of its copyright. Third Degree did not know the identities of the persons who allegedly illegally downloaded the copyrighted work, but did have the internet protocol (I.P.) address. Third Degree has served subpoenas on internet services providers attempting to uncover the identities of the subscribers with the specified I.P. addresses. One of these John Does, John Doe 26, was a nineteen-year-old student at Purdue University. John Doe 26 filed a motion to quash the subpoena served on Purdue in the Northern District of Indiana.

John Doe 26 argued that the subpoena should be quashed because it seeks privileged information and also is unduly burdensome. The court disagreed. Citing similar cases, the Court found that John Doe 26 does not have standing to challenge the subpoena as unduly burdensome because John Doe 26 is not required to do anything to comply. Rather, it is the internet service provider upon whom a burden is imposed.

John Doe 26 repeatedly argued that there was a high risk that he did not illegally download the video at issue here. He argued he had this I.P. address at his dorm room at Purdue, and that there was a high risk that his roommate or another resident of the dormitory downloaded the infringing video. He also argued there was a high risk the information obtained through the subpoena would damage John Doe 26’s reputation. The court noted other courts have found that these arguments did not create a privilege justifying quashing the subpoena. The decision and issues here are similar to recent activity in the First Time Video case in the Southern District of Indiana.

Practice Tip: John Doe 26 states he filed this motion to quash in the Northern District of Indiana because the California District Court does not have jurisdiction over John Doe 26. John Doe 26 states California does not have jurisdiction because he has not been served with a complaint or summons and lacks personal jurisdiction. The court did not address jurisdiction in this order.
Continue reading

Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Overhauser Law Offices, LLC
JUSTIA Law Firm Blog Design