Articles Posted in Copyright Infringement

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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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New Albany, Indiana – Trademark attorneys for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging Designer Fragrance & Gifts of Jeffersonville, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint alleges infringement of copyrights which have been registered with the U.S. Copyright Office . Coach also alleges that its products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition, according to the complaint.

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New Albany, Indiana – Trademark lawyers for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging TJ’s Handbags & More of Scottsburg, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint asserts copyrights which have been registered with the U.S. Copyright Office and maintains that Coach’s products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The complaint alleges that the defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition.

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Fort Wayne, Indiana – Copyright attorneys for Arbor Home Building Corporation of Fort Wayne, IN, have initiated litigation against Miller Custom Homes, LLC of Leo, IN, alleging an infringement of an architectural drawing which has been registered with the U.S. Copyright Office. Both the plaintiff and defendant design and build residential homes. The plaintiff Arbor Home claims that the defendant Miller has built a home which is “substantially similar” to plaintiff’s Mariam style of house, illustrated in the copyrighted drawing and built as a model in Fort Wayne.

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Indianapolis, Indiana – Copyright lawyers for Masterfile Corporationof Ontario, Canada, have filed a lawsuit alleging Kemp Title Agency, LLC of Louisville, KY, has infringed copyrighted works which have been registered with the U.S. Copyright Office.

The plaintiff is a stock photography company offering images in exchange for a license fee, while the defendant provides services relating to the sale of property. After discovering certain of its copyrighted images on the defendant’s Web site, the plaintiff sued for an accounting of damages and an injunction, claiming a violation of its reproduction and public display rights under the Copyright Act.
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Indianapolis, Indiana – Copyright attorneys for Masterfile Corporation of Ontario, Canada, have filed a lawsuit alleging Mark Stein d/b/a ourdivorceagreement.com of Milltown, IN, infringed copyrighted works which have been registered with the U.S. Copyright Office.

The plaintiff is a stock photography company offering images in exchange for a license fee, while the defendant provides services relating to the sale of property. After discovering certain of its copyrighted images on the defendant’s Web site, the plaintiff sued for an accounting of damages and an injunction, claiming a violation of its reproduction and public display rights under the Copyright Act.

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Chicago, IL – Copyright Infringement attorneys for Defendant CitiCorp succeeded in preserving a $750,000 recovery of attorneys fees.  The trial court had awarded the Defendant attorney’s fees after dismissing the Plaintiff software copyright infringement suit for “for want of prosecution” because it failed to prepare a proper proposed pre-trial order.  The court for the Seventh Circuit (which includes Indiana, Illinois and Wisconsin) stated:

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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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