Indiana Intellectual Property Law News
Plaintiff Harold Davis has filed a lawsuit against Defendant Fort Wayne Allergy & Asthma Consultants, Inc. (FW Allergy) for alleged copyright inf
ringement. Davis claims that FW Allergy violated his exclusive rights under the Copyright Act by using his copyrighted photograph, titled “WASP,” without permission. Davis, an allegedly accomplished artist and photographer recognized for his innovative techniques, created the photograph in 2005, and it was registered with the U.S. Copyright Office in 2016.
In addition to his proclaimed status a highly accomplished artist and photographer, Mr. Davis appears to be an accomplished, or at least frequent, litigator. According to Justia.com, he has filed 23 copyright infringement suits across the country since 2017.
FW Allergy, based in Fort Wayne, Indiana, operates a website at www.fortwayneallergy.com to advertise its allergy and asthma services. Davis alleges that FW Allergy used his photograph to promote its business in a post titled “Stinging Insect Allergy” on March 16, 2023, and distributed it online without his consent. Davis asserts that these actions constitute copyright infringement.
Davis claims to have made attempts to resolve the issue by notifying FW Allergy of the infringement in July 2023 and again in January 2024, but the dispute remains unresolved. As a result, Davis is seeking legal action, requesting an injunction to prevent further infringement, damages for the unauthorized use of his work, and reimbursement of his legal fees. He also seeks pre- and post-judgment interest and any other appropriate relief the court may grant.
The case has been assigned to Chief Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the U.S. District Court of Northern Indiana Case No. 1:25-cv-00116.