Copyright Infringement

February 23, 2023

Former Employees and their New Employer Sued Over Stolen Software

Evansville, Indiana – The Plaintiff, MaddenCo, Inc. (“MaddenCo”) filed suit against former employees, James Reed (“Reed”) and Dru Darby (“Darby”) along with their new employer HG Autotech LLC (“HG Autotech”) for Breach of Contract, Breach of Fiduciary Duties, Tortious Interference, Copyright Infringement, False Advertising, False Representations, False Designations of Origin, Reverse Passing Off and Unfair Competition.

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers. MaddenCo provides systems for retail, wholesale, commercial and retreading operations for independent tire dealers, and retail and commercial solutions for service centers for truck stops, with full integration to their own accounts payable and general ledger solutions. MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022.

September 27, 2022

Former Employee Sues Kilroy’s for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC, Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright Infringement.

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He later was offered the position of AV Intern where his duties included services related to Defendants’ social media accounts and digital presence, assistance with their relationship with Barstool Sports, promotion of events, the creation of marketing and advertising content, which included the production, filming, and editing of video and digital content for the Defendants.

September 23, 2022

Rockville Bar Sued for Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success. Continue reading

August 12, 2022

Amazon.com, Inc. sued for Copyright Infringement and Counterfeiting

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Ifedoo Enigwe (“Enigwe”), of Philadelphia, Pennsylvania filed a complaint against Defendants, Amazon.com, Inc, and Author Solutions Inc. Delaware, A/K/A Authorhouse for copyright infringement and counterfeiting of his work Mixed Blessings.

According to the Complaint, Enigwe and the Defendants entered into a Settlement Agreement in or around January 2006 that “we [Authorhouse] will maintain the ‘live’ state of your book, Mixed Blessings, for one more year (from the date of acceptance) and then turn over the electronic version to you.” Enigwe alleges that Defendant, Amazon.com, Inc. printed and sold copies of Mixed Blessings on January 18, 2020 and February 2021 from its online sales platform.

Therefore, Plaintiff is seeking compensatory damages for Copyright Infringement in violation of 17 U.S.C. § 501 et seq. and Counterfeiting.

July 26, 2022

The TELAH Foundation Alleges Copyright and Trademark Infringement in Lawsuit

By Overhauser Law Offices, LLC

Mishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):

- - - - Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
        
        Video Work Beyond human- -the last call (Certificate Number PA000867224)
        
        Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
        
        Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
        
        Federal Trademarks:
        
        HEAVEN’S GATE Registration No. 3,824,482
        
        HEAVEN’S GATE Registration No. 3,816,596
        
        Registration No. 5,148,959

June 17, 2022

Design Tascono, Inc. sues The Concrete Lady, Inc. for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”).

According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures. Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line retailers and through its network of North American brick-and-mortar distributors and retailers.

June 6, 2022

Violation of Etsy License Agreement Leads to Copyright Infringement Suit

By Overhauser Law Offices, LLC

Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography. She also sells digital backgrounds for photographers through an Etsy store called Enchanted Eye Creations by Tara Mapes. The limitations on the license under which she sells the digital backgrounds on her Etsy store is listed in numerous locations.

Mapes created the picture “Santa with Magic Snow Globe” and applied for a Copyright Registration with the United States Copyright Office. She was granted registration on December 17, 2018.

May 26, 2022

Popular Night Club Accused of Copyright Infringement for Unauthorized Public Performances

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Peer Music III LTD, Universal – Songs of Polygram International, Inc., Songs of Universal, Inc., EMI Consortium Songs, Inc. d/b/a EMI Longitude Music, Fourteenth Hour Music, Inc., Springtime Music, Inc., EMI Blackwood Music, Inc. Sony/ATV Songs LLC, and Fall out Boy Inc. d/b/a Chicago X Softcore Songs have allegedly contacted Warehouse L.L.C. d/b/a The Verve over 60 times since March 2018 to discuss their obligations under the Copyright Act without success.

April 20, 2022

Photographer, Lisa Corson sues for Copyright Infringement

By Overhauser Law Offices, LLC

Fishers, Indiana – Plaintiff Lisa Corson creates photos, which she licenses for various uses including online and print publications. Corson’s client list includes AARP, Country Living, Delta Airlines, Google, House & Garden, The National Geographic Channel, The New York Times, and The Washington Post.

August 23, 2021

Auralex Acoustics Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently Sayre Berman (“Berman”), the Plaintiff, creates photographic images, which she licenses for various uses including online and print publications. Berman claims she took a photograph of Ray Luzier (the “Photograph”) on March 25, 2019 and registered that photograph with the U.S. Copyright Office under Registration No. VA 2-145-705.

According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc.’s (“Auralex”) website on July 13, 2021. Auralex, the Defendant, apparently also uploaded the Photograph to its Instagram and Facebook accounts. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. Further, the infringing posts each apparently included a URL “for a fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than transitory duration and therefore constitutes a specific infringement.”