Intellectual Property Law

March 6, 2018

Ninth Circuit Court of Appeals Grants Defendant, Nike, Inc.’s Motion to Dismiss

Jacobus Rentmeester of Westhampton Beach, New York, had filed a Copyright infringement lawsuit in the U.S. District Court, District of Oregon alleging that Nike, Inc., an Oregon Corporation with place of Business in Beaverton, Oregon infringed a photograph taken by Plaintiff.

The photograph at issue in this case was the iconic photo of Michael Jordan upon which the “Air Jordan” brand logo is based. In the photo, taken by Nike shortly after Jordan was drafted by the Chicago Bulls, Jordan is seen mid-air, reaching towards a basketball hoop with the ball in his left hand and his legs spread. In the background of the photo is the silhouette of the Chicago skyline, with the dusk sky above it. The photo formed the basis for the famous Jordan Brand logo, which is a white silhouette of Jordan’s shape in the photo against a black background.

February 28, 2018

Indiana Trademark Litigation: Klipsch Sues Audiosurplus on Basis of Trademark Infringment

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Klipsch Group, Inc. of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Audiosurplus, infringed its rights in United States Trademark Nos. 978,949, 2,917,215, and 3,863,511. Plaintiff is seeking judgment, Audiosurplus’s profits and damages, and attorneys’ fees and costs.

Plaintiff is an Indiana-based audio equipment company that manufactures high-end speakers, headphones, subwoofers, and a variety of other items audio items. Defendant is an online retailer that sells audio equipment on Amazon. The three trademarks involved in this case are for the “KLIPSCH” brand name. Plaintiff sells its products across the country through contractually authorized retailers. Plaintiff is suing because Defendant is not an authorized Klipsch retailer, but has allegedly been selling Klipsch products through its online store without permission.

February 26, 2018

Indiana Patent Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Thrush Co., Inc. of Peru, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Wessels Company of Greenwood, Indiana infringed its rights in United States Patent No. 8,177,975 (“the ‘975 Patent”) for “Apparatus for Removing Air and/or Debris from a Flow of Liquid”. Plaintiff is seeking judgment, ascertainable damages, reasonable attorneys’ fees, and injunctive relief.

Plaintiff is an Indiana corporation that owns the rights to the ‘975 Patent. The patent describes a device that filters air and debris out of liquid flowing through a pipe. Plaintiff sells the device throughout the country and Indiana.

February 23, 2018

Indiana Copyright Litigation: Carmel Photographer Sues Over Unauthorized Use of Photos

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Zach Dobson Photography, LLC of Carmel, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Three-Sixty Group, Inc, National Federation of State High School Associations, and National Interscholastic Athletic Administrators Association, all three of Indianapolis, Indiana infringed its rights in United States Copyright Registration No. VA 1-979-164, and United States Copyright Application Nos. 1-6209751731 and 1-6275260181. Plaintiff is seeking statutory damages, general and special damages, attorney’s fees, and injunctive relief.

Plaintiff is a Carmel, Indiana photography company that provides commercial photography for businesses and individuals. Defendant Three-Sixty is an Indianapolis-based advertising agency. The remaining two defendants are governing bodies that promulgate rules and organize competitions for high school sports. The photos that are the subject of the suit are either copyrighted by Plaintiff, or in the application process for copyright protection.

February 13, 2018

Indiana Copyright Litigation: BMI Music Sues Michigan City Restaurant Over Song Copyrights

By Overhauser Law Offices, LLC

Fort Wayne, Indiana – Attorneys for Plaintiffs, Broadcast Music, Inc., of New York, New York, EMI Consortium Songs Inc. d/b/a/ EMI Longitude Music Co., EMI Blackwood Music, Inc., Universal Music-Z Tunes LLC d/b/a/ Universal Music Z Songs, Warner-Tamerlane Publishing Corporation., Lion Aire Publishing, Young Money Publishing, Inc., Collipark Music, Soar Loser Music, DA Crippler Publishing, E W C Publishing Co. filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings Inc. d/b/a/ Matey’s a/k/a Matey’s Restaurant and Bar, of Michigan City, IN Bryan Konieczny, of Plainfield, IL, and Mark Kehoskie, of Downers Grove, IL infringed its rights in the following musical compositions:

Musical Composition	Registration and Date of Registration
Boogie Shoes	Eu 606202, PA 10-277, August 18, 1975, March 27, 1978
Song 2	PA 781-334, PA 906-749, July 3, 1997, August 6, 1998
Ignition	PA 1-130-236, February 4, 2003
Let It Rock	PA 1-624-274, February 18, 2009
Ms. New Booty	PA 1-163-734, March 2, 2006

February 1, 2018

Indiana Copyright Litigation: Pearson Education Sues Indiana Company Over Infringement of Copyrighted Educational Materials

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Pearson Education, Inc. of New York, New York filed suit in the Southern District of Indiana alleging that Defendant, Christopher Deiter d/b/a www.easynotecards.com of Indianapolis, Indiana infringed its rights of Copyright in the United States Copyright Office of Pearson Education, Inc.’s Copyright Registration No. TX0008183299. Plaintiff is seeking relief under Title 17, Title 28, pre-judgment and post-judgment interest, statutory damages and attorneys’ fees.

Plaintiff Pearson produces and distributes educational materials to schools around the world. They publish textbooks, assessments, test banks, and a wide variety of other learning tools for teachers and students.

Defendant owns the company at www.easynotecards.com. The website offers users the ability, at no cost, to create online flash cards that correspond to specific chapters and sections in educational materials. Users who have access to various educational materials will post flash cards replicating the materials on the website.

January 30, 2018

Indiana Copyright Litigation: Big Baby’s Bar & Grill Accused of Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiffs, Broadcast Music Inc., a Delaware Corporation; MJ Publishing Trust d/b/a Mijac Music; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, a limited liability company; Songs of Universal, Inc., a Universal – Songs of Polygram International, Inc.; Welsh Witch Music; Velvet Apple Music; Combine Music Corp.; Elijah Blue Music, A Division of Lighthouse, Inc.; Unichappell Music, Inc.; BMG Rights Management US LLC d/b/a Music of Everpop,; Thirty Two Mile Music, Zombies Ate My Publishing; Forthefallen Publishing; Reservoir Media Management Inc., d/b/a Reservoir 416 a/k/a Reservoir One Americ;, E.O. Smith Music; Sony/ATV Songs LLC; R and R Nomad Publishing Company, A Division of R & R Nomad Publishing Co., LLC; and 4U2ASKY Entertainment, Inc., of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Roses Pub, Inc. d/b/a Big Baby’s Bar & Grill, of Anderson, Indiana, Brian Hutchison and Lisa Hutchison, also of Anderson, Indiana, infringed its copyright rights in the following:

Musical Composition	Registration and Date of Registration
Beat It	Pau 456-334, PA 158-771, November 12, 2016
Crazy	RE 422-869, Ep 156698, November 12, 2016
Bad to the Bone	PA 215-394, November 11, 2016
Gold Dust Woman	PA 148-803, PA 161-950, November 12, 2016
Gypsy	PA 148-803, PA 161-950, November 12, 2016
I Will Always Love You	Ep 314105, November 11, 2016
Me and Bobby McGee	Ep 260746, November 12, 2016
Midnight Rider	Eu 215520, Ep 329147, November 11, 2016
Semi Charmed Life	PA 797-856, PA 913-999, November 11, 2016
Lonely Road of Faith	PAu 2-635-077, November 11, 2016
My Immortal	PA 1-152-551, November 11, 2016
Undone a/k/a Undone – The Sweater Song	PA 787-866, November 11, 2016
Aint’ No Rest For The Wicked	PA 1-608-399, November 11, 2016

Plaintiffs are seeking a permanent injunction, statutory damages, and reasonable attorney’s fees.

Plaintiff BMI is one of the world’s largest music publishing companies, and have rights to license over 13 million copyrighted musical compositions, according to the complaint. The other plaintiffs are the owners of the copyrighted songs that are the subject of the suit.

Defendant Roses Pub is a corporation that runs Big Baby’s Bar & Grill in Anderson, Indiana. According to the complaint, the defendants perform live musical compositions, or cause them to be performed, at the restaurant. Plaintiff alleges that they have reached out to the Defendant over 70 times to inform Defendant of its obligations under the Copyright Act regarding the necessity of having a valid license to perform the copyrighted musical compositions.

The Plaintiff has previously sued other Indiana establishments regarding similar facts and similar allegations, including this past November when the corporation sued Hoosier Daddy’s Bar & Grill in Newcastle, Indiana.

Plaintiff alleges 13 different claims of willful copyright infringement based on Defendants’ public performances of the copyrighted songs.

The case was assigned to District Judge Richard L. Young and Magistrate Judge Tim A. Baker in the Southern District and assigned Case 1:18-cv-00183-RLY-TAB.

Complaint

January 29, 2018

The Southern District of Indiana Grants NCAA’s Motion for Default Judgment and Motion for Permanent Injunction

By Overhauser Law Offices, LLC

Indianapolis, IN – The National Collegiate Athletic Association had filed a Trademark infringement lawsuit in the Southern District of Indiana alleging that Kizzang LLC, infringed trademarks registered by the NCAA.

A recent Order signed by Judge Jane Magnus-Stinson grants the National Collegiate Athletic Association’s Motion for Default Judgment and Motion for Permanent Injunction against Defendant, Kizzang LLC.

The NCAA sued over Defendant’s use of the terms “Final 3” and “April Madness,” which Plaintiff alleges infringe on the trademarked phrases “Final Four” and “March Madness,” which are commonly used to refer to the annual men’s college basketball championship tournament.

January 26, 2018

Trademark Litigation: Florida Court Dismisses Suit Against Indiana Licensing Company Over Honus Wagner Trademark

By Overhauser Law Offices, LLC

Miami, Florida – Attorneys for Plaintiff, Honus Wagner Company, filed suit in the Southern District of Florida alleging that Defendants, Luminary Group LLC and Leslie Blair Roberts used the Plaintiff Honus Wagner’s name as an infringement to the Trademark “HONUS WAGNER.” The US District Court for the Southern District of Florida has granted the Defendants Motion to Dismiss for lack of personal jurisdiction.

Plaintiff alleged that, based on a chain of sales and succession, “it owns common law rights in the Honus Wagner name and mark.” Wagner was a famous baseball player for the Pittsburgh Pirates in the early 20^th century. Some of Wagner’s trading cards are among the most valuable pieces of sports memorabilia in the world.

January 19, 2018

Indiana Copyright Litigation: Noblesville Resident Sues Voldico, LLC Over Website Plagiarism

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Ashlin Hadden of Noblesville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Voldico, LLC. of Osgood, Indiana infringed copyright rights of Ashlin Hadden. Plaintiff is seeking injunctive relief, actual damages, and judgment including statutory damages and attorneys’ fees.

According to the complaint, the parties entered into a contractual agreement where Plaintiff would act as an insurance agent for the Defendant, who is an insurance broker.

In addition to breach of contract claim for failure to pay commissions, and other common law claims, Plaintiff is also asserting a copyright infringement claim. Plaintiff alleges that in May 2017, she created an advertising website for potential customers to purchase insurance through her. Plaintiff alleges that in June 2017, the Defendant created a nearly identical website, using the same exact language as Plaintiff’s, to obtain insurance customers for themselves. Plaintiff alleges that Defendant plagiarized the advertising language of Plaintiff’s website.