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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Articles Posted in Copyright Infringement
Bedrock Builders files Copyright Infringement Suit Against Town Square Homes Over Technical Drawings and Architectural Works
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.
Top Ten Imports Sues BMX Imports for Infringement of Portable Space Heater Trade Dress, Trademark, and Copyrights
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.
Hydraulic Marine Systems Sues Mid-America Foundation Supply for Copyright Infringement
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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DirecTV, Inc. Sues Jersey’s Café for Improper Interception and Copyright Infringement of Satellite Programming
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.
BMI Sues R House of Brews for Musical Composition Copyright Infringement
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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Joe Hand Promotions Sues Longwell and Pitt Stop Pub & Grill for Intercepting UFC Broadcast
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.
Coach Sues Designer Fragrance & Gifts for Trademark, Trade Dress, and Copyright Infringement
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.
Coach Sues TJ’s Handbags & More for Trademark, Trade Dress, and Copyright Infringement
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.
Arbor Home Building Corporation Sues Miller Custom Homes for Copyright Infringement
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.