Articles Posted in Copyright Infringement

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Lafayette, IN – Trademark lawyers for Coach, Inc. of New York, NY, and Coach Services, Inc. of Jacksonville, FL filed a trademark infringement suit alleging Diggz Clothing, LLC and Lori Harth of Lafayette, IN infringed various Coach trademark registrations which are registered with the US Trademark Office. Coach had sued Diggz in March 2010, then settled the suit for $6,500, and an agreement to stop selling “Accused Products.” However, the latest suit alleges that Diggz breached the settlement agreement, and re-asserts a variety of trademark, copyright, trade dress and unfair competition related claims.

Coach files many infringement suits, and a list of their earlier suits in Indiana in 2010 is at the end of this posting.
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Hammond, Indiana – Copyright lawyers for BMI (Broadcast Music, Inc.) of New York City and various musical copyright holders such as Universal and EMI Virgin Songs have filed a copyright infringement lawsuit against the Shenanigans pub in Portage, IN. The complaint alleges that the defendant and its chief officer caused, publicly displayed at least ten musical compositions protected by copyrights registered in the U.S. Copyright Office without obtaining a copyright license.

This case has been assigned to Judge Theresa Springmann and Magistrate Judge Andrew Rodovich in the Northern District of Indiana, and assigned case no. 2:10-cv-00458-TLS-APR.

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Hammond, Indiana – Copyright lawyers for Zuffa, LLC d/b/a The Ultimate Fighting Championship of Las Vegas, NV, have filed a lawsuit alleging that Carol Papka of Valparaiso, IN, Philip Reiner of Wheeler, IN, and Daniel Kettwig of Valparaiso, IN, individually and as officers, directors, shareholders, and/or principals of Boomer’s Pub and Grub of Portage, IN, improperly received the UFC #111 broadcast. The complaint claims that the broadcast interception is a violation of 47 U.S.C. §§ 553 and 605(a), federal statutes which prohibit the unauthorized reception of certain communications, as well as a violation of the Copyright Act.

This case has been assigned to Judge Rudy Lozano and Magistrate Judge Andrew Rodovich in the Northern District of Indiana, and assigned case no. 2:10-cv-00422-RL-APR.
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 New Albany, Indiana – Trademark lawyers for Batesville Services, Inc. of Batesville, IN, initiated litigation alleging Cremation Options, LLC of Denver, CO, through content on its Web site, infringed Trademark Registration No. 1,922,043 for the mark OPTIONS, Trademark Registration No. 2,052,105 for the mark OPTIONS & Design, and Trademark Registration No. 2,344,840 for the mark OPTIONS, all of which have been registered by the U.S. Trademark Office in connection with cremation goods and services. The plaintiff also alleges infringement of catalog, video, and image copyrights which have been registered with the U.S. Copyright Officeand that the defendants’ registration of thewww.cremationoptions.comdomain name is a violation of the Anticybersquatting Consumer Protection Act in light of the plaintiff’s priorwww.cremation-options.comdomain registration.
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Indianapolis, Indiana – Copyright counsel for Bedrock Builders Incorporated of Noblesville, IN, have filed a lawsuit alleging Town Square Homes LLC of Westfield, IN; Tony McLaughlin of Westfield, IN; and Tom Mayer and Erin Mayer of Fishers, IN, infringed technical drawings and architectural works which have been registered with the U.S. Copyright Office.

More particularly, residential architecture is the subject of the drawings and architecture, and the Mayers are alleged to have toured the plaintiff’s model homes in multiple times. Subsequently, the defendants are said to have created, or had created, technical drawings of a house, which was eventually constructed, that is substantially similar to the plaintiff’s flagship model toured by the Mayers.

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Indianapolis, Indiana – Intellectual property counsel for Top Ten Imports, LLC of Indianapolis, IN, filed a trademark and copyright infringement suit against BMX Imports, L.P. of Farmers Branch, TX. Specifically, the plaintiff Top Ten alleges that the defendant has infringed Top Ten’s space heater trade dress as well as Trademark Reg. No. 3,654,284 for the mark IHEATER, registered with the U.S. Trademark Officein connection with electric space heaters, and copyrighted works protected under Application No. 1-501133071 and Application No. 1-501353066, both of which have been registered by the U.S. Copyright Officeand are directed to ornamental heater design.

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Fort Wayne, Indiana – Intellectual property lawyers for Hydraulic Marine Systems, Inc. of Deland, FL, have filed a lawsuit alleging Mid-America Foundation Supply, Inc. d/b/a Poseiden Barge Corp. of Fort Wayne, IN, has infringed copyrights and trade dress as well as violated federal and state unfair competition laws.

In the filing, the plaintiff and defendant are said to have discussed the possibility of the defendant becoming an authorized distributor of plaintiff’s barge thrusters, with no such relationship being formed and the defendant ultimately purchasing such thrusters from the plaintiff. Subsequently, the defendant is alleged to have developed its own thruster using the plaintiff’s product as a template for infringing non-functional features. It is claimed that the defendant also copied the plaintiff’s instructions, which are registered with the U.S. Copyright Office, verbatim in addition to reproducing photographs and illustrations created by the plaintiff. The defendant then allegedly displayed its product at trade shows, with any information identifying the plaintiff having been removed.
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New Albany, Indiana – Copyright lawyers for DirecTV, Inc. of California have filed a suit alleging Jersey’s Cafe of Clarksville, IN, violated the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq. The plaintiff, a well-known distributor of satellite television programming, encrypts its broadcast transmissions and claims that the defendants, which include the principals of the cafe, willfully, and without a license, displayed National Football League games only available through a premium DirecTV service. The complaint also includes a cause of action for conversion, essentially the civil counterpart of theft under criminal law.

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 Hammond, Indiana – Copyright lawyers for Broadcast Music, Inc.of New York City have filed an infringement suit on behalf of musical artists which BMI represents. The complaint alleges Trioak, Inc. d/b/a R House of Brews of Crown Point, IN, infringed the right to publicly perform twelve songs, including works by artists such as the Everly Brothers, Hank Williams Jr., Joe Walsh, Al Green, and Johnny Cash. All of the allegedly-infringed works have been registered with the U.S. Copyright Office.
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New Albany, Indiana – Intellectual property attorneys for Joe Hand Promotions, Inc. of Feasterville, PA, have filed a lawsuit alleging William D. Longwell of Clarksville, IN, and Pitt Stop Pub & Grill of Beloit, WI improperly obtained a broadcast of Ultimate Fighting Championship (UFC) bout #94. The complaint alleges that the plaintiff holds the distribution rights to the UFC fight and that the defendants, in violation of 47 U.S.C. § 553 and 47 U.S.C. § 605(a), used illegal means to intercept the broadcast, such as an illegal satellite receiver, misrepresenting their business as a residence, or moving an authorized receiver from one location to another.

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
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Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
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Greenfield, IN 46140
Phone: 317.467.9100
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