Articles Posted in Copyright Infringement

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Indianapolis, Indiana – Copyright lawyers for Broadcast Music, Inc. (“BMI”) of New York City and various musical copyright holders such as Universal and EMI Virgin Songs have initiated litigation against Bugsy’s Entertainment Group, LLC of Indianapolis, IN. The complaint alleges that the defendants caused the unlicensed performance, at Bugsy’s Sports Grill in Indianapolis, of at least eight musical compositions protected by copyrights registered with the U.S. Copyright Office. The case has been assigned to Senior Judge Larry J. McKinney and Judge Jane E. Magnus-Stinson in the Southern District of Indiana, and assigned case no. 1:10-cv-00721-LJM-JMS.

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 Indianapolis, Indiana – Copyright lawyers for The Saturday Evening Post Society, Inc. and Curtis Publishing, Inc., both of Indianapolis, IN, have initiated litigation alleging Hungry Howie’s Pizza & Subs, Inc. of Madison Heights, MI, has infringed the copyrighted Norman Rockwell painting FREEDOM FROM WANT, as registered by the U.S. Copyright Office under Copyright Reg. No. 576656 and Reg. No. R 500883.
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Indianapolis, Indiana – Intellectual property counsel for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Novelty, Inc. of Greenfield, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products.
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Indianapolis, Indiana – Patent lawyers for Syndicate Sales, Inc. of Kokomo, IN, filed a patent declaratory judgment suit seeking a ruling that two design patents held by Garcia Group, Inc. of Atlanta, GA, are not infringed and invalid. The challenged patents, as issued by the U.S. Patent Office, are U.S. Patent Nos. D614,530 and D614,531.

The defendant previously filed a lawsuit in federal court in Georgia against the plaintiff, alleging copyright infringement and unfair competition. In this case, the plaintiff seeks a ruling that the ‘530 and ‘531 design patents, which are directed to faceted vases, are not infringed under the “ordinary observer” test and are invalid due to the defendant’s withholding of relevant information during the prosecution of its patent applications.
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Fort Wayne, Indiana – Copyright lawyers for DEI Incorporated of Cincinnati, OH, have filed a lawsuit alleging First Bank of Berne of Berne, IN, and K4 Architecture LLC of Cincinnati, OH, have infringed a work titled FIRST BANK OF BERNE, JOB 511, SKETCHES, RENDERINGS, FLOOR PLANS, AND DRAWINGS, which has been registered with the U.S. Copyright Office.

Plaintiff alleges that it was engaged by the First Bank of Berne to design a new bank branch and, after providing the bank with three sets of schematic designs, was informed that it would not be utilized in plan finalization and construction of the branch. The complaint states that, subsequently, the bank retained K4 Architecture to perform additional architectural services and/or construct the branch, in the process copying all or a substantial part of plaintiff’s copyrighted designs and drawings. The plaintiff’s complaint also recites claims for breach of contract, unfair competition, and tortuous interference with a contract.
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Indianapolis, Indiana – Intellectual property counsel for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Novedades Latina of Indianapolis, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. In particular, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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Indianapolis, Indiana – Intellectual property attorneys for Jane Ruemmele of Indiana have filed an infringement lawsuit against Fundex Games, Ltd. of Indianapolis, IN.

The plaintiff created a game in which the players place historical events described on cards in chronological order and markets this game under the trademark CHRONOLOGY(R), as registered with the U.S. Trademark Office under Trademark Registration No. 2,044,867. Copyrights in the game have been registered with the U.S. Copyright Office. The defendant acquired the company to whom the plaintiff licensed her game, but the complaint alleges that defendant failed to pay royalties for game sales and continues to sell the game despite the end of the license. Among others, causes of action are brought for breach of the license contract, trademark infringement, counterfeiting, unfair competition, copyright infringement, and trademark dilution.
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New Albany, Indiana – Trademark lawyers for Batesville Services, Inc. of Batesville, IN, filed an infringement suit alleging Safe Choice, Inc. of Charlotte, NC, and the Safe Choice principals are infringing various trademarks for burial caskets, including several which are registered with the U.S. Trademark Office.

The plaintiff is a long-time manufacturer and marketer of caskets and alleges in its complaint that the defendants are using, without approval, Batesville trademarks and related imagery on their Web site to advertise caskets. The complaint also cites the plaintiff’s copyrighted lithographic casket images, as registered with the U.S. Copyright Office, and includes claims for copyright infringement as well as trademark infringement and unfair competition.
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Fort Wayne, Indiana – Copyright lawyers for Sandra Wilson of Portland, TN have filed a lawsuit alleging Michelle Parrish d/b/a Want2Scrap of Fort Wayne, IN, has infringed a copyrighted work, for which an application has been filed with the U.S. Copyright Office.

The plaintiff created an acrylic dress scrapbook album design which she had laser cut by defendant Want2Scrap, who sent plaintiff a work sans the pinafore element and a pinafore design created by Want2Scrap. For a period of time, plaintiff worked for Want2Scrap as an independent contractor and created other works specifically for the company. Subsequently, the plaintiff noticed her work being displayed, without authorization, on the Want2Scrap Web site and at their booth at a convention. Want2Scrap revised the designer listing on the Web site so that plaintiff’s name no longer was listed. The plaintiff has since filed a complaint for copyright infringement, seeking damages.
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 Intellectual property lawyers for Coach, Inc. and Coach Services, Inc., both of New York, NY, have filed an infringement suit alleging Accessory Closet, of St. John, IN, has infringed numerous COACH trademarks which have been registered with the U.S. Trademark Office, copyrighted design elements, and product trade dress.

The plaintiff, which is a well-known retailer of leather goods including handbags, luggage, and accessories, asserts that the defendant, a distributor of novelty-type goods, is offering products bearing source-identifying indicia and design elements which are “studied imitations” of the plaintiffs’ intellectual property. As with other filings in this state and elsewhere, the complaint claims trade dress rights in the distinctive product shapes, colors, designs, fabrics, and other non-function elements which are incorporated into their products while including a cause of action for counterfeiting under the federal Lanham Act.
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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

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