Copyright Infringement

May 18, 2020

Texas Photographer Sues Gray Television for Alleged Copyright Infringement

South Bend, Indiana – Kevin Jairaj (“Jairaj”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs including one of Olympic gold medalist McKayla Maroney (the “Photograph”). Jairaj claims to have registered the Photograph with the U.S. Copyright Office and granted Copyright Registration No. VA 2-112-984. According to the Complaint, Defendant Gray Television ran multiple articles on its websites regarding the alleged sexual abuse of McKayla Maroney featuring the Photograph without a license. Jairaj is seeking damages and statutory relief for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501 and intentionally removing copyright management information pursuant to 17 U.S.C. § 1202.

The case was assigned to District Judge Robert L. Miller, Jr., and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00156-RLM-MGG.

Complaint

May 8, 2020

Photographer Seeks Damages for Alleged Copyright Infringement of Horse Photograph

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – George Matula (“Matula”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs for a fee. Matula allegedly photographed a horse and registered the photograph as U.S. Copyright No. VA 2-154-421 (the “Photograph”) in 2018. According to the Complaint, Defendant Triple H Magazine ran the Photograph in its publication without licensing the Photograph from Matula in violation of the U.S. Copyright Act. Therefore, Matula is seeking damages for copyright infringement pursuant to 17 U.S.C. § 504(b).

The case was assigned to District Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Northern District and assigned Case 1:20-cv-00071-HAB-SLC.

Complaint

April 22, 2020

Judge relies on Indiana Verdict to Deny Oregon Judgment for Bell

By Overhauser Law Offices, LLC

District of Oregon – Richard Bell, a well-known copyright infringement litigant, has filed over 100 lawsuits regarding infringement of U.S. Copyright No. VA0001785115 (the “Indianapolis Photo”). However, in September 2019, a federal jury in Bell v. Carmen Commercial Real Estate Servs. found that Bell was unable to prove that he actually owned the Indianapolis Photo. Case No. 1:16-cv-01174-JRS-MPB, (S.D. Ind. Sept. 26, 2019). Being that the first element in a copyright infringement claim is to prove ownership of a valid copyright, it appeared that the jury’s decision would put an end to future litigation for Bell.

In the present case, Bell, sought a default judgment against Michael J. Davis and three other Defendants for allegedly infringing his rights in the Indianapolis Photo in the U.S. District Court for the District of Oregon. After the Defendants failed to appear or respond to the Complaint, the Magistrate Judge issued an entry of default against all of the Defendants. Bell then filed a motion for an entry of default judgment to be entered along with an award of $150,000 in statutory damages, attorneys’ fees, costs, and injunctive relief.

April 21, 2020

Gary Indiana Venue Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Hammond, Indiana – Broadcast Music, Inc. (“BMI”), along with eleven other Plaintiffs (the “Copyright Owners”), filed suit against Backstage of Indiana, LLC d/b/a Backstage on Broadway (“Backstage”) and Marcell Jackson (“Jackson” and collectively “Defendants”) alleging copyright infringement of six different musical compositions. BMI alleges it has licensing rights to the six musical compositions at issue which are owned by the eleven Copyright Owners. Jackson is allegedly an owner of Backstage and is responsible for the operation and management of the establishment including the public performance of musical compositions. BMI and the Copyright Owners are seeking damages for six claims of willful copyright infringement after allegedly reaching out to Defendants over seventy times in an effort to educate them on the Copyright Act and license the musical compositions to Defendants.

The case was assigned to Northern District Judge Philip P. Simon and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 2:20-cv-00010-PPS-JPK.

BMI-Complaint

April 8, 2020

Competing Jewelry Companies in Court Again over Alleged Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Sheryl Lutz-Brown (“Sheryl”), the principal for Plaintiff, Corlinea, is a graphic designer and creator of copyrighted jewelry designs. In 2016, Sheryl claims to have developed a unique work entitled “HEARTY LOVE Design” that incorporated the word “love” into a heart shape design with one continuous line. Shortly after the “HEARTY LOVE Design”, it appears Sheryl created the “Heartlines Love Pendant” which was a heart-shaped pendant with the word “love” incorporated into the design with a continuous line. Sheryl registered both of these designs and they were assigned U.S. Copyright Registration Nos. VAu 1-301-361 and VAu 2-093-049 (the “Registered Copyrights”), respectively. Corlinea claims to own both of the Registered Copyrights by assignment.

Corlinea and Defendant, Shah Diamonds, Inc. d/b/a Shah Luxury (“Shah”), are no strangers in litigation as Corlinea previously sued Shah in a similar lawsuit in 2018. The parties in that case entered into a confidential Settlement Agreement and Release and the case was voluntarily dismissed. Less than one year after Shah signed the previous Settlement Agreement and Release, Corlinea claims it discovered Shah was once again offering infringing jewelry for sale on its website.

Corlinea claims Defendants, Spath Jewelers, Inc. and Showcase Jewelers, LTD are also offering infringing jewelry for sale on their respective websites. Due to the allegedly intentional copying of the Registered Copyrights, Corlinea is seeking damages for Federal Copyright Infringement pursuant to 17 U.S.C. § 501 and breach of the Settlement Agreement and Release from the 2018 lawsuit.

March 10, 2020

Tatuyou Sues Indiana-Based One Ink Seven for Alleged Infringement

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Tatuyou, L.L.C. (“Tatuyou”) of Hastings, Minnesota, filed suit in the Northern District of Indiana alleging that Defendants, One Ink Seven LLC (“One Ink”) of Goshen, Indiana and Robert F. Smead (“Smead”), infringed its rights in its intellectual property portfolio. Tatuyou is seeking damages,costs, and attorneys’ fees.

Tatuyou claims to be in the business of selling products to be used in the tattoo industry with an intellectual property portfolio all relating to its sales business. According to the complaint, Tatuyou is the owner by assignment of U.S. Patent No. 9,546,281 (the “‘281 Patent”) entitled “Tattoo Stencil Composition and Method for Manufacturing.” Tatuyou also claims to be the owner by assignment of U.S. Patent No. 8,545,613 (the “‘613 Patent”) entitled “Tattoo Transfer Pattern Printed by an Ink Jet Printer.”

According to the complaint, One Ink does business as “Electrum Supply” and owns and operates a website with the domain name: http://www.electrumsupply.com. Tatuyou claims that One Ink is infringing, actively inducing infringement, and contributorily infringing both the ‘281 Patent and the ‘613 Patent under 35 U.S.C. § 271 by offering for sale products named “Electrum Premium Tattoo Stencil Primer,” “Electrum Gold Standard Tattoo Stencil Primer,” “NOX Violet,” and “Eco Stencils.” Tatuyou’s attorney allegedly sent One Ink a letter on December 20, 2018 informing One Ink of the alleged infringement of the ‘281 Patent and a subsequent letter on June 12, 2019 to inform One Ink of the alleged infringement of the ‘613 Patent.

February 18, 2020

Indiana Trademark Litigation:Harley-Davidson Sues Harley Life, LLC for alleged Trademark and Copyright Infringement

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Attorneys for Plaintiffs, H-D U.S.A., LLC and Harley-Davidson Motor Company Group, LLC (collectively “Harley”), both of Milwaukee, Wisconsin, filed suit in the Southern District of Indiana alleging that Defendants, Harley Life, LLC (“Harley Life”) and Bill Lemon (“Lemon” and collectively “Defendants”), both of Vincennes, Indiana, infringed their rights in U.S. Copyright Reg. No. VA 1-987-746 and the United States Trademark Registrations below (collectively “Harley’s Intellectual Property”).

Mark	Reg. No.	Goods and Services
HARLEY	1406876	Clothing; namely—tee shirts for men, women and children; knit tops for women and girls; and children’s shirts
HARLEY	1683455	Shirts, tank tops, boots and sweatshirts
HARLEY	1708362	Embroidered patches for clothing
HARLEY	1352679	Motorcycles
HARLEY	3818855	Non-luminous, non-mechanical tin signs, non-luminous, non-mechanical metal signs
	4465604	Clothing, namely, shirts, hats, caps, belts, jackets, gloves, sweatshirts, lounge pants, wrist bands
	3525970	Jackets, coats, gloves, shirts, shorts, caps, hats, headwear, knit hats, belts, neckties, pants, sweatshirts, T-shirts, leather clothing, namely, leather jackets, leather gloves, footwear, namely, boots and vest extenders

February 11, 2020

I’m Speaking at the Center for Intellectual Property Law: Reversal of Fortunes: Indianapolis Skyline Photo and $1,000,000 Damages (Copyright Litigation of the Year)

By Overhauser Law Offices, LLC

On February 18, 2020 at 12:45 pm, I will be speaking at IUPUI Center for Intellectual Property Law at Inlow Hall, Room 259. Reversal of Fortunes: Indianapolis Skyline Photo and $1,000,000 Damages (Copyright Litigation of the Year). This is a free event, however registration is required.

More information about my speech to IUPUI on February 18, 2020, Click here.

December 27, 2019

Indiana Copyright Litigation: German Photographer Sues Toolfarm.com for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Attorneys for Plaintiff, Marco Verch (“Verch”) of Germany, filed suit in the Northern District of Indiana alleging that Defendant, Toolfarm.com, Inc. (“Toolfarm”) of South Bend, Indiana, infringed his rights in United States Copyright Registration No. VA 2-106-766. Verch is seeking actual damages, profits, income, receipts, or other benefits received by Toolfarm, costs, expenses, attorneys’ fees, and pre-judgment interest.

According to the complaint, Verch is a professional photographer claiming Toolfarm has reproduced and publicly displayed his copyrighted photograph of traditional Russian wooden dolls (the “Photograph”). Verch claims Toolfarm ran the Photograph on its website without a license, permission, or consent from Verch. As such, Verch is seeking damages for copyright infringement pursuant to 17 U.S.C. §§ 106, 501, and 504.

This case was filed by Verch’s attorney, Mr. Leibowitz, just six days after he was ordered to personally pay $28,567.50 to a defendant in another case. In that case, Mr. Leibowitz was found to have engaged in discovery misconduct by failing to identify witnesses as required by Rule 26. The court stated that Mr. Leibowitz was:

more focused on the business of litigation than on selling a product or service or licensing their copyrights to third parties to sell a product or service. A copyright troll plays a numbers game in which it targets hundreds or thousands of defendants seeking quick settlements priced just low enough that it is less expensive for the defendant to pay the troll rather than defend the claim.

The Court then ordered his client to post a $50,000 bond to continue with the case. When his client failed to do so, the court dismissed the case.

November 12, 2019

Indiana Copyright Litigation: German Photographer Sues Elkhart-Based Company, Good Living Enterprises Inc., for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Elkhart, Indiana – Attorneys for Plaintiff, Paul Steeger (“Steeger”) of Germany, filed suit in the Northern District of Indiana alleging that Defendant, Good Living Enterprises Inc. (“Good Living”) of Elkhart, Indiana, infringed his rights in United States Copyright Registration No. VA 2-056-056. Steeger is seeking actual damages, punitive damages, attorney’s fees and costs, pre-judgment interest, and any other relief the court deems proper.

Steeger, a professional photographer, claims he is in the business of licensing his photographs for a fee. In this case, Steeger claims he photographed a leaf in water (the “Photograph”) and registered it with the United States Copyright Office. Steeger claims Good Living posted the Photograph on its website without a license, permission, or consent from Steeger. As such, Steeger is seeking damages for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501.