INSD News

January 26, 2024

Diamonds in Dispute: Shima’s Legal Battle Against SRT for Copyright Infringement

China – Plaintiff Guangzhou Shima Decoration Materials Co., Ltd. (Shima), a Chinese corporation specializing in home improvement items and building materials, has brought legal action against Shenzhen Ruimingxiang Technology Co., Ltd. (SRT) for alleged copyright infringement.

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.

According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com. Shima alleges that SRT’s actions amount to willful infringement, resulting in substantial financial losses.

January 22, 2024

G & G Closed Circuit Events, LLC Sues Indiana Restaurant/Bar, La Jalisco, LLP In Cable Piracy Suit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff G & G Closed Circuit Events, LLC, a California-based heavyweight in sports distribution, claims they owned exclusive distribution rights to the . They have brought suit against Defendant La Jalisco LLP, the owner and operator of a commercial restaurant and bar in Indianapolis, accusing them of illicitly showcasing the coveted Program.

Title 47 U.S.C. Section 605(a) specifically “prohibits the unauthorized interception, receipt, publication and use of communications, including satellite television signals.” G & G contends that La Jalisco LLP violated this law by knowingly and willfully advertising the viewing event on Facebook, intercepting the signal, and exhibiting the unauthorized Program within their establishment.

G & G is seeking statutory damages, claiming willful violations for commercial advantage. They seek an amount for each violation, alongside recovery of full costs and attorneys’ fees. In addition, Plaintiffs are asking for compensatory, exemplary, and punitive damages.

January 15, 2024

Tap Wars: Delta Faucet Company’s Patent Dispute with Sanitary Ware

By Overhauser Law Offices, LLC

In the modern era of technological advancements and the burgeoning landscape of online commerce, the interconnection of patent law with the dynamics of e-commerce platforms presents intricate challenges. A recent legal dispute between Wenzhou Xin Xin Sanitary Ware Co., Ltd. (“Sanitary Ware” or “Plaintiff”) and Delta Faucet Company (“DFC”) illuminates the complexities faced by international entities selling products on major online platforms like Amazon, particularly concerning allegations of patent infringement.

According to the complaint, Sanitary Ware, a Chinese-based company operating as “HGN Sanitary Ware,” sells kitchen appliances and accessories, including glass rinsers, primarily through the Amazon Marketplace. Court documents also describe DFC, as an American plumbing fixture manufacturer under Masco Corporation, who is alleging patent infringement of its U.S. Patent No. 11,473,277 (“the ‘277 Patent”) against specific Xin Glass Rinsers listed by Sanitary Ware on Amazon.

DFC claims ‘277 Patent details a rinsing apparatus comprising components like a mounting base, fluid discharge member, valve member, and escutcheon. DFC says they initiated an Amazon Patent Evaluation Express (“APEX”) proceeding against Sanitary Ware’s Xin Glass Rinser based on claim 1 of the ‘277 Patent, and Sanitary Ware chose not to participate in the APEX, leading Amazon to remove the listing of the disputed Xin Glass Rinser.

January 1, 2024

Copyright Infringement in the Digital Age: Watson Music Group v. Borshoff, Inc.

By Overhauser Law Offices, LLC

In the contemporary digital landscape, the protection of intellectual property, especially in the realm of creative works, has become a paramount concern. Copyright infringement, the unauthorized use or reproduction of copyrighted material, continues to pose significant challenges for creators and rights holders. A recent case involving Plaintiff Watson Music Group, LLC. d/b/a Quadrasound Music and Defendant Borshoff, Inc. sheds light on the complexities and legalities surrounding copyright infringement in the digital sphere.

Plaintiff Watson Music Group, a Florida-based limited liability company, alleges that Defendant Borshoff, Inc., an Indiana corporation, infringed upon its copyrighted musical work titled “Space Jam.” The alleged infringement occurred on Defendant’s social media account ‘@borshofftalks’ hosted on Facebook.

The complaint describes an unauthorized posting of a discernable excerpt of the Plaintiff’s copyrighted musical work on the Defendant’s Facebook account. The Plaintiff asserts that the Defendant, without obtaining proper permission or authorization, reproduced, stored, and made available the copyrighted material for public performance via a digital audio transmission, thereby violating the Plaintiff’s exclusive rights as a copyright holder.

December 25, 2023

Protecting Creative Rights: Alexander Bayonne Stross v. Homestead Properties, Inc.

By Overhauser Law Offices, LLC

A recent lawsuit, Stross v. Tiny Timbers, involves a copyright infringement dispute between Alexander Bayonne Stross, a photographer and owner of copyrighted works, and Homestead Properties, Inc. dba Tiny Timbers, a hardwood products manufacturer. Stross alleges that Tiny Timbers unlawfully used his copyrighted photograph for advertising and promotional purposes on Homestead Properties’ website without his authorization.

Stross has filed a complaint against Tiny Timbers citing violations of the Copyright Act, specifically alleging unauthorized copying, distribution, and removal of copyright identification. He asserts that his work was registered with the Copyright Office and contains identifiable copyright management information, which was removed by Tiny Timbers when they allegedly used the image without permission.

Seeking recourse, Stross pursues both injunctive relief to prevent further infringement claims and monetary damages or profits resulting from the alleged unauthorized use of his copyrighted work. Additionally, he requests attorney’s fees and other remedies provided for under the Copyright Act.

December 1, 2023

Court Order in HeathSmart Foods, Inc. v. Sweet Nothings, Inc.

By Overhauser Law Offices, LLC

Defendants in trademark infringement case, HealthSmart Foods, Inc. v. Sweet Nothings, Inc. and Beth Porter have initiated a Motion to Dismiss based on lack of personal jurisdiction under Federal Rule o f Civil Procedure 12(b)(2) and failure to state a claim under Rule 12(b)(6). Additionally, they have requested the case be transferred to the Northern District of California.

The dispute before Indiana Judge Matthew P. Brookman involves the use of the trademark SWEET NOTHINGS. In the midst of the case, Defendant Beth Porter initiated a separate lawsuit in California against HealthSmart, claiming fraud and unfair competition. Defendants argue that the defenses in the Indiana case overlap with Ms. Porter’s claims in the California case, indicating evidence and witness overlap as grounds for the case to be transferred. However, after careful consideration, the Court DENIED the Defendants’ request to transfer the Indiana case to the Northern District of California.

As for the Motion to Dismiss for Lack of Personal Jurisdiction, the judge stated that the issue revolves around whether Defendants’ contacts with Indiana justify personal jurisdiction. Defendants conceded that Sweet Nothings has minimum contacts with Indiana, but the parties disputed the significance of these contacts, the consideration of third-party retailer contacts, and whether exercising jurisdiction aligns with fair play and substantial justice. The Plaintiff argued that Sweet Nothing’s website, offering shipping options to Indiana, actively engaging with Indiana consumers, and facilitating sales through Amazon to Indiana residents, demonstrates purposeful conduct directed towards the Indiana market. Judge Brookman agreed with the Plaintiff and DENIED the Motion to Dismiss for lack of personal jurisdiction.

November 27, 2023

Protecting Intellectual Property: A Legal Fight in the Entertainment Industry

By Overhauser Law Offices, LLC

Las Veg as, NV – Plaintiff G & G Closed Circuit Events, LLC is attempting to safeguard their purported, exclusive distribution rights by suing Indianapolis, Indiana Defendants Susana Sanchez and La Casa De Los Mariscos Mexican Grill #2 LLC for the alleged unauthorized publication of a cable television program.

G&G’s argument states that they were granted the exclusive rights to the commercial distribution of the Saul “Canelo” Alvarez v. Caleb Plant Championship Fight Program that was broadcast on Saturday, November 6, 2021. They further argue that because they have the exclusive rights, any commercial establishment wanting to show the fight had to purchase the license to do so, which the Mexican restaurant failed to do. Therefore, G & G has accused the Defendants of willfully intercepting, receiving, and publishing the fight without said authorization.

As a result, the Plaintiff is asking the court to find that Sanchez and La Casa De Los Mariscos Mexican Grill #2 is in violation of Title 47 U.S.C. Section 605, et seq., which prohibits the unauthorized interception, receipt, publication, and use of communications, including satellite television signals, such as the transmission of the Program in question. In addition, G & G is seeking compensatory, exemplary, and punitive damages, along with costs and attorneys’ fees.

November 20, 2023

Photojournalist Accusing Indiana Company for Copyright Infringement

By Overhauser Law Offices, LLC

Photojournalist David Hoffman, a UK resident, is suing Lauth Investigations International, an Indiana investigation firm, for allegedly infringing on a 2005 copyrighted photograph titled “Homeless Woman 1.” According to the Plaintiff, Lauth used the photo in an article without permission, cropping it and removing copyright information for commercial use. Despite Hoffman’s notification, no resolution was reached.

Hoffman seeks various remedies for copyright infringement, including a declaration of infringement, claims of willful infringement, compensation for damages, legal fees, and interest. The aim is to prevent further infringement and related activities by the Defendant.

The case has been assigned to Judge James Patrick Hanlon and Magistrate Judge M. Kendra Klump, in the U.S. District Court of Southern Indiana, and assigned Case No. 1:23-cv-01678-JPH-MKK.

November 17, 2023

Taylor Shaye Designs LLC Takes On Shein Distribution Corp in Copyright Infringement Suit

By Overhauser Law Offices, LLC

Prairieville, LA – Plaintiff Taylor Shaye Designs LLC filed a complaint against Whitestown, IN Defendant Shein Distribution Corp for copyright infringement according to the U.S. Copyright Act, 17 U.S.C. § 101, et seq.

“Let’s Go Girls” – Taylor Shaye Designs LLC

Let’s Go Girls – Shein Distribution Corp

November 13, 2023

Delta Faucet Files Patent Infringement Suit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – A lawsuit brought by Plaintiff Delta Faucet Company against Defendant Wenzhou Xin Xin Sanitary Ware Co., Ltd. involves an allegation of patent infringement over United States Patent No. 11,725,369. Court documents state the patent at issue is for a “Vessel Rinsing Apparatus,” that was issued on August 15, 2023.

The Plaintiff claims the Defendant has been manufacturing, using, selling, and importing vessel rinsing apparatuses that are “functionally equivalent [to Delta’s products] and only differ in finish…,” thereby infringing upon Delta’s patent rights. Delta further cites Wenzhou’s use of Amazon to sell the accused products and encourage others to infringe the patent, as well.

The lawsuit details Wenzhou’s alleged deliberate and willful infringement by continuing to sell the accused products even after notice of the patent in question. The Plaintiff is, therefore, seeking a court judgment in favor of Delta in the form of injunctions, damages, and legal fees.