Articles Posted in New Litigation

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Indianapolis, Indiana – Copyright attorney, professional photographer and frequent litigant Richard Bell of McCordsville, Indiana filed the latest in a string of Indiana lawsuits asserting copyright infringement.

This litigation, commenced in the Southern District of Indiana, alleges that Defendant A1 Luxury Limousine of South Florida, Inc. of Boynton Beach, Florida infringed Bell’s rights in a copyrighted photograph by using the photo on the company’s website without having purchased a license from Bell.

The photo, titled “Indianapolis Nighttime Photo,” has been registered with the U.S. Copyright Office under Registration No. VA0001785115. It was taken in 2000 and registered in 2011.

Bell lists claims of copyright infringement and unfair competition against A1. As with most or all of Bell’s other Indiana lawsuits claiming infringement of his “Indianapolis Nighttime Photo” or his “Indianapolis Photo,” this complaint further alleges that infringement is being willfully engaged in “with oppression, fraud, and malice.”

Bell asks the court for injunctive relief, statutory damages, costs and attorneys’ fees.

Practice Tip: We have blogged about Bell’s Indiana copyright litigation in previous posts. See:

• Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana, a copyright lawyer and professional photographer, sued Defendant Hornberger Imports, Inc. of Beech Grove, Indiana in the Southern District of Indiana for copyright infringement.

As with most or all of Bell’s recent Indiana copyright litigation, this lawsuit pertains to works that have been registered with the U.S. Copyright Office under Reg. No. VA0001785115. This registration covers two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo.”

In this lawsuit, Bell contends that Defendant Hornberger infringed his copyright in the “Indianapolis Nighttime Photo” by publishing the photo on Hornberger’s website at www.hornbergerimports.com sometime in 2016 without having purchased a license to do so. Bell’s complaint states that Defendant “continue [sic] infringing conduct which has caused and is causing substantial and irreparable injury and damage to Plaintiff…and, unless, restrained, will cause further irreparable injury.” The complaint further contends that the alleged ongoing infringement is being willfully engaged in “with oppression, fraud, and malice.”

In addition to copyright infringement, a claim of unfair competition is included. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

Practice Tip #1: Hornberger Imports appears to have ceased operations in February 2015.

Practice Tip #2: Bell is a prolific copyright litigant. We have blogged about his copyright litigation in the past. See:

• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – A copyright litigator for Broadcast Music, Inc. (“BMI”) of New York, New York filed a lawsuit in the Southern District of Indiana alleging copyright infringement.

Defendants in this Indiana litigation, all residents of Indianapolis, Indiana, consist of one business entity, KD&R Enterprises LLC d/b/a Ziggy’s a/k/a Ziggy’s Bar & Grill, and three individuals, Krista Stallings, Denice Benefiel and Ryan Cromer.

Defendant KD&R Enterprises is accused of publicly performing copyrighted musical compositions and/or causing such musical compositions to be publicly performed without authorization. The complaint lists Stallings, Benefiel and Cromer separately as Defendants on the grounds that each is an officer or member of KD&R Enterprises with a responsibility for its operation and that each has a direct financial interest in the company.

The complaint alleges that Defendants were contacted 70 or more times “in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license for the public performance of musical compositions in the BMI repertoire” but that infringement of BMI’s copyrighted works continued. In this lawsuit, six claims of willful infringement are made against Defendants.

BMI is joined in this copyright litigation by the owners of the copyrighted works: Dennis Linde Legacy, Rondor Music International, Inc. d/b/a Irving Music, Songpainter Music, Universal-Songs of Polygram International, Inc., Songs of Universal, Inc., Escatawpa Songs and McMoore McLesst Publishing.

Plaintiffs seek injunctive relief along with statutory damages, costs and attorney’s fees.

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Indianapolis, Indiana – Plaintiff Mecca Companies Inc. d/b/a Annex Student Living of Indianapolis, Indiana filed a trademark infringement complaint in the Southern District of Indiana against Defendant Trinitas Ventures LLC of Lafayette, Indiana.

Mecca offers student-housing services in three states, including Indiana and Ohio, under THE ANNEX or ANNEX. It states that it began to use ANNEX to identify its student housing in 2013 but makes no mention of having received a federal or state trademark registration.

Mecca contends that Trinitas offers competing services in an Ohio student-housing property using the name ANNEX and asserts that this use is likely to cause consumer confusion. In this federal lawsuit, brought by Indiana trademark attorneys for Mecca, the following causes of action are listed:

• Count I: Trademark Infringement and Unfair Competition Under 15 U.S.C. § 1125(a)
• Count II: Violation of Ohio Deceptive Trade Practices Act, ORC 4165.02

• Count III: Common Law Unfair Competition under Ohio Law

Mecca seeks damages, including punitive damages, along with injunctive relief, costs and attorneys’ fees.

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Indianapolis, Indiana – Copyright attorney and professional photographer Richard Bell of McCordsville, Indiana filed four new lawsuits in the Southern District of Indiana alleging copyright infringement.

Defendants in these four new cases are: Indiana University of Bloomington and Indianapolis, Indiana; Purdue University of West Lafayette, Indiana; David Powell and Midwest Regional Network for Intervention with Sex Offenders of Indianapolis, Indiana; and East Coast Health Insurance, Inc. of Deerfield Beach, Florida.

At issue in these four lawsuits are two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo,” which have been registered with the U.S. Copyright Office under Registration No. VA0001785115.

Bell contends that the two universities infringed the copyright of the “Indianapolis Photo,” while the remaining Defendants are accused of having infringed the “Indianapolis Nighttime Photo.”

Bell makes claims of “Copyright Infringement and Unfair Competition” and seeks statutory damages, injunctive relief, costs and attorneys’ fees.

Practice Tip: Bell is a frequent copyright litigant in Indiana. Our previous posts about his litigation include:

• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – Copyright attorney and Plaintiff Richard Bell of McCordsville, Indiana filed a new group of lawsuits in the Southern District of Indiana asserting infringement of a copyrighted photo.

The photo in question in these latest lawsuits, Bell’s “Indianapolis Nighttime Photo,” was registered on August 4, 2011 with the U.S. Copyright Office under Registration No. VA0001785115. In most of Bell’s prior litigation asserting infringement of his copyrighted photos (see “Practice Tip” below), only his “Indianapolis Photo,” taken during the daytime, has been at issue.

Three new Defendants are the subjects of these copyright lawsuits: Dave Tipton of Indianapolis, Indiana, Keith Buckley of Fishers, Indiana and A Place for Mom, Inc. of Everett, Washington. Bell contends that each Defendant “downloaded or took the Indianapolis Nighttime Photo from the internet without permission from the owner, Richard N. Bell and copied on to [sic] a webserver controlled by the Defendant” and, in so doing, committed copyright infringement.

Each of the lawsuits lists a count of “Copyright Infringement and Unfair Competition.” Bell seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: We have blogged about Bell’s copyright lawsuits numerous times in the past. See:

• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – Trademark attorneys for Plaintiff Allison Transmission, Inc. of Indianapolis, Indiana filed a lawsuit against Fleetpride, Inc. of Irving, Texas asserting trademark infringement.

Plaintiff Allison is a manufacturer of medium- and heavy-duty automatic transmissions. In conjunction with the manufacture and sale of transmissions, Allison developed a standard under which it would certify transmission fluids as approved for use in its transmissions. This standard, “TES 295,” is incorporated into a family of trademarks, Reg. No. 4,379,699, Reg. No. 4,166,531 and Reg. No. 4,993,880, which have been registered by the U.S. Patent and Trademark Office.

In 2015, Allison discovered what it alleges was an infringing use of the TES 295 trademark by Defendant Fleetpride. Allison contends that Fleetpride offered transmission oil under the name PRIMATECH TES295 and used a version of Allison’s TES 295 trademarks, both in its product numbers and its advertising. Trademark lawyers for Allison contacted Fleetpride to address Allison’s concerns, but no resolution was reached.

This litigation, filed in the Southern District of Indiana, followed. In the complaint, filed yesterday in federal court, Fleetpride is accused of “intentional, willful, and bad faith attempts to deceive or to create mistake or confusion in the minds of customers” as a result of its use of “TES295.” The lawsuit lists the following claims for relief:

• Count I: Infringement of Federally Registered Trademark (Lanham Act, 15 U.S.C. § 1114(1))
• Count II: Federal Unfair Competition and False Designation of Origin (Lanham Act, 15 U.S.C. § 1125(A))
• Count III: Common Law Unfair Competition and Trademark Infringement

• Count IV: False Description of Goods

Allison is seeking damages, including treble damages, along with injunctive relief, costs of the lawsuit and attorneys’ fees.

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South Bend, Indiana – Copyright lawyers for Plaintiff The Art of Design, Inc. of Elkhart, Indiana filed an intellectual property lawsuit in the Northern District of Indiana. Defendants in this Indiana lawsuit are Pontoon Boat, LLC d/b/a Bennington and Bennington Marine of Elkhart, Indiana and Hawkeye Boat Sales, Inc. of Dubuque, Iowa.

Plaintiff is in the business of custom airbrushing, including the airbrushing of copyrighted art works onto different surfaces. Defendants offer marine goods, including pontoon boats. In 2011, Plaintiff and Bennington entered into an agreement wherein Bennington paid Plaintiff to apply copyrighted graphics, titled “Shatter Graphics,” to a limited number of Bennington’s pontoon boats in exchange for payment.

Plaintiff contends that, following this authorized application of Shatter Graphics to Defendants’ pontoon boats, Defendant made further use of the copyrighted design without Plaintiff’s authorization.

In this Indiana litigation, Plaintiff makes several allegations, including accusing Defendant of copyright infringement for the sale of pontoon boats bearing graphics “that are copied from and substantially similar to” Plaintiff’s Shatter Graphics, which has been registered with the U.S. Copyright Office under Registration numbers VA 1-979-388 and 1-982-002. The lawsuit lists the following claims for relief:

• Count I – Breach of Contract against Bennington
• Count II – Unjust Enrichment against all Defendants
• Count III – Copyright Infringement against all Defendants
• Count IV – Unfair Competition against all Defendants
• Count V – Inducing Copyright Infringement against Bennington

• Count VI – Violations of DMCA, 17 U.S.C. § 1202

Plaintiff is seeking damages, including treble damages, as well as equitable relief, costs and attorneys’ fees.

Practice Tip: Plaintiff’s copyright attorneys also represent frequent litigant Design Basics. We have blogged about Design Basics’ Indiana copyright litigation before. See:

• Design Basics Sues Fort Wayne Homebuilders
• Creator of Architectural Designs Files Two New Copyright Lawsuits
• Design Basics Files Three New Indiana Copyright Lawsuits
• Architecture Firms File Four New Infringement Lawsuits
• Design Basics Files Two New Copyright Lawsuits
• Architecture Firm Files New Lawsuit Asserting Infringement
• Design Basics Files Two Additional Infringement Lawsuits in the Northern District
• Design Basics Files Additional Indiana Lawsuit

• Design Basics Sues Builders and Others Alleging Infringement of Copyrighted Architectural Designs

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Indianapolis, Indiana – Serial litigant Richard N. Bell of McCordsville, Indiana filed a new lawsuit alleging copyright infringement in the Southern District of Indiana. This litigation names analytics firm Aurora Worldwide Development Corporation of Madison, Wisconsin as Defendant.

Aurora is accused of infringing Bell’s copyright in a photo titled “Indianapolis Photo,” which has been registered with the U.S. Copyright Office under Registration No. VA0001785115. Bell claims that Aurora published the copyrighted photo without proper authorization on its website, aurorawdc.com, as well as within a PDF file located on another website that Aurora controls.

In this lawsuit, Bell, an Indiana copyright lawyer and professional photographer, also contends that Defendant’s conduct disparaged him, stating that Aurora “willfully and recklessly falsely claimed that it client [sic] owned the copyrights of all images and photos contained on the website of aurorawdc.com including Indianapolis Photo and thereby disparaged the Plaintiff.”

Bell includes claims of “copyright infringement and unfair competition” in this lawsuit. He seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: Bell is a frequent copyright litigant in Indiana federal courts. Previous blog posts about his cases include:

• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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Indianapolis, Indiana – Plaintiff Richard N. Bell of McCordsville, Indiana initiated the latest of a string of Indiana lawsuits alleging copyright infringement of his “Indianapolis Photo,” which has been registered with the U.S. Copyright Office under Registration No. VA0001785115.

This litigation, which was filed in the Southern District of Indiana, alleges that Defendant Aramark Corporation infringed Bell’s copyright by publishing his “Indianapolis Photo” on Aramark’s website.

In this intellectual property lawsuit, Bell, an Indiana copyright attorney and professional photographer, lists a single count – “Copyright Infringement and Unfair Competition.” Bell states that Defendant Aramark acted “recklessly, willfully” and in “conscious disregard” of his rights under copyright law. He seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: Bell has filed numerous lawsuits in recent years alleging infringement of his “Indianapolis Photo” as well as his “Indianapolis Nighttime Photo.” These lawsuits have been discussed on this blog before. See:

• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

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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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