Category Archives: Copyright

GNARLY HEAD wine vs. GNARLY GROVE hard cider…are you confused?

02 Wednesday Nov 2016

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Plaintiff Gnarly Head, a California winery, asserts that Columbus, Indiana’s Simmons Winery has adopted a confusingly similar trademark and trade dress with their new line of Gnarly Grove hard cider.

I’ll leave the question of confusion for you. What I’d really like to know is who is mixing wine and hard cider??? Tasty?

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Delicato Vineyards v. Gnarly Grove Cider Co.

Court Case Number: 1:16-cv-02932-TWP-DKL
File Date: Friday, October 28, 2016
Plaintiff: Delicato Vineyards
Plaintiff Counsel: Jonathan G. Polak, Cristina A. Costa of Taft, Stettinius & Hollister, LLP
Defendant: Gnarly Grove Cider Co.
Cause: Trademark Infringement, Trade Dress Infringement, False Designation of Origin, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Denise K. LaRue

Complaint:

Richard Bell Sues IU, Purdue, A Place for Mom

21 Wednesday Sep 2016

Posted by in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Richard Bell strikes again…and again…and again. Mr. Bell has filed eight more copyright lawsuits over his Indianapolis skyline photo. Several individuals, a senior living facility, Indiana University and Purdue University all join the illustrious list of Bell defendants.

People, stop using Mr. Bell’s photographs!

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Court Case Number: 1:2016-cv-02434-TWP-DKL
File Date:  Tuesday, September 13, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Buckley
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Denise K. LaRue

Court Case Number: 1:2016-cv-02436-JMS-DML
File Date: Tuesday, September 13, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Tipton
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-02451-SEB-DML
File Date: Wednesday, September 14, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: A Place for Mom, Inc.
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-02463-TWP-DML
File Date: Thursday, September 15, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Indiana University
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-02482-SEB-DKL
File Date: Friday, September 16, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: East Coast Health Insurance, Inc.
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Court Case Number: 1:2016-cv-02488-RLY-DML
File Date: Friday, September 16, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Purdue University
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Court Case Number: 1:206-cv-02491
File Date: Sunday, September 18, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Powell et al
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:2016-cv-2501
File Date: Tuesday, September 20, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Hornberger Imports, Inc.
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Artist sues Boat Dealer over Breach of License

12 Monday Sep 2016

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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Pursuant to an agreement, Plaintiff created and applied artwork to a limited number of Defendant’s boats.

Defendant is alleged to have continued selling boats with substantially similar artwork outside the terms of the original license.

The Art of Design, Inc. v. Pontoon Boat, LLC et al

Court Case Number: 3:16-cv-00595-JVB-JEM
File Date: Tuesday, September 6, 2016
Plaintiff: The Art Of Design, Inc.
Plaintiff Counsel: John D. LaDue, Sean J. Quinn of LaDue | Curran | Kuehn
Defendant: Pontoon Boat, LLC d/b/a Bennington and Bennington Marine, Hawkeye Boat Sales
Cause: Breach of Contract, Unjust Enrichment, Copyright Infringement, Unfair Competition, Inducing Copyright Infringement, Violations of DMCA
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint:

Exhibit A:

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Rich Bell sues Aramark Corporation over unauthorized use of Indianapolis skyline photograph

29 Monday Aug 2016

Posted by in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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This time around Mr. Bell has snagged a big fish, the Aramark Corporation, specifically the Indianapolis branch of their Refreshment Services Division.

Somebody has unwisely used Mr. Bell’s skyline photograph on the Indianapolis branch’s website: http://www.aramarkrefreshments.com/webstore/nav/locations/Indianapolis.action

Use the “Richard Bell” tag at left to view his other litigation.

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Court Case Number: 1:16-cv-02291-SEB_MJD
File Date: Friday, August 26, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Aramark Corporation
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mark J. Dinsmore

Complaint:

Exhibit B (Screen Shot of Defendant’s website):

ZIG-ZAG looks to smoke out counterfeiters in Indiana

18 Thursday Aug 2016

Posted by in Branding, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Trade Dress, Trademark

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This is an anti-counterfeiting action against an extensive list of defendants who allegedly manufacture, import and sell counterfeit versions of Plaintiff’s ZIG-ZAG cigarette papers in Indiana.

As expected, the counterfeit products are “inferior, cheaper versions sold without any known quality control or authorization.”

Stopping counterfeiters is a difficult task and, as seen here, must often be done on a state-by-state basis.

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North Atlantic Operating Company, Inc. et al v. KPC Distributor Inc. et al

Court Case Number: 1:16-cv-00307-PPS-SLC
File Date: Wednesday, August 17, 2016
Plaintiff: North Atlantic Operating Company, Inc.; National Tobacco Company, L.P.
Plaintiff Counsel: Gregory W. Pottorff, Adam Arceneaux of Ice Miller
Defendant: KPC Distributor Inc. et al.
Cause: Federal Trademark Infringement, False Designation of Origin, Trade Dress Infringement, Federal Copyright Infringement, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Complaint:

Horror film The Lazarus Effect accused of infringing Pro Se Plaintiff’s script

13 Monday Jun 2016

Posted by in Authors, Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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Defendants, creators of a horror movie titled The Lazarus Effect (starring Olivia Wilde and Mark Duplass), are accused of infringing the pro se Plaintiff’s literary work, Lazari Taxa. The Complaint doesn’t specify which copyrightable elements from Plaintiff’s manuscript were allegedly copied by the horror film.

Stay tuned for updates.

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Fillmore v. Blum et al.

Court Case Number: 1:16-cv-01423-SEB-MPB
File Date: Thursday, June 9, 2016
Plaintiff: Christopher “Chris” Wayne Fillmore
Plaintiff Counsel: Pro Se
Defendant: Jason Blum d/b/a Blumhouse Productions, Jeanette Brill, Luke Dawson, Matthew Kaplan d/b/a Chapter One Films, Robyn Marshall, Jimmy Miller d/b/a Mosaic Management, Rick Osaka d/b/a Catchlight Films, Jeremy Slater, Cody Zwieg d/b/a Supergravity Pictures, Does 1-10
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Matthew P. Brookman

Complaint:

Author dissatisfied with own cover art sues book publisher

08 Wednesday Jun 2016

Posted by in Authors, Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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This dispute arises between an author and his book publisher. In addition to writing a book, the author also designed his own original artwork for the cover. After two rounds of artwork proofs, the publisher allegedly went ahead and published the book without the author’s final approval (the author had actually signed the final approval form but claims to have later redacted his approval via email…the full story is laid out in the Exhibits below).

The book publisher is alleged to have “knowingly published and printed Plaintiff’s Works even after Plaintiff made very clear to Defendant of his displeasure and dissatisfaction of the cover art for his Works as proposed by Defendant.”

In case you’re wondering, the VARA right of attribution – by which the author could prevent the use of his name in connection with a prejudicial modification of his work – doesn’t apply here due to the exception in 17 USC 106A(c)(3):

(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101

Here’s that section from 17 USC 101, my emphasis added:

(A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication;

(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container

Stay tuned for updates.

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Murdock v. Author Solutions, LLC

Court Case Number: 1:16-cv-01398-SEB-DML
File Date: Tuesday, June 7, 2016
Plaintiff: Antara Murdock
Plaintiff Counsel: Mathew K. Higbee, Esq. of Higbee & Associates
Defendant: Author Solutions, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

Exhibits:

Pro Se Plaintiff sues National Heritage Academies for infringement of educational program

30 Monday May 2016

Posted by in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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The Plaintiff (handling this case pro se) alleges that the Defendant has infringed the copyrighted work “TIRS” (Transitioning Into Responsible Students), an educational program she claimed to develop while working at Indianapolis Public Schools.

At a whopping 268 pages, the Complaint was too large to post (or read in its entirety). The Plaintiff had previously sued her past employer, Indianapolis Public Schools, under a similar claim, with no success.

Brooks-Ngwenya v. National Heritage Academies Inc

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Thursday, May 26, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: National Heritage Academies Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

[Updated 6/8/2016 with related case]

Brooks-Ngwenya v. Bart Peterson’s The Mind Trust

Court Case Number: 1:16-cv-00183-PPS-SLC
File Date: Monday, June 6, 2016
Plaintiff: Brooks-Ngwenya
Plaintiff Counsel: Pro Se
Defendant: Bart Peterson’s The Mind Trust
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Susan L. Collins

Richard Bell sues infant health organization over use of Indy skyline photo in a 2011 PowerPoint presentation

27 Friday May 2016

Posted by in Copyright, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Richard Bell’s skyline photo crusade continues, this time against an organization “committed to improving birth outcomes and health disparities that exist within communities of color throughout the United States.”

In 2011, the National Healthy Start Association held its annual Spring Conference in Indianapolis, Indiana. One presentation focused specifically on Indianapolis’ efforts to enhance infant survival and family well-being. One slide of the accompanying PowerPoint included 4 photographs of Indianapolis, one of which was Mr. Bell’s skyline photo. You can view the full PowerPoint and the allegedly infringing slide here.

Five years later, Google Images apparently found the image buried within the old PowerPoint and Mr. Bell pounced.

Let this be a lesson to all PowerPoint presenters…time does not exist on the internet. Even old uses of photos from past slideshows need to be checked and cleared of potential copyright infringement. If Google can find it, so can zealous rights holders. Copyright law is strict liability (meaning your intent doesn’t matter, just whether you did it or not) and while fair use defenses might save the day here, litigation is still time-intensive and expensive.

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Court Case Number: 1:16-cv-01301-JMS-DKL
File Date: Thursday, May 26, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: National Healthy Start Association
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Denise K. LaRue

Complaint:

Today’s Richard Bell copyright targets…community development consulting firm, importer of European vacuum products, hospitality management company

24 Tuesday May 2016

Posted by in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Indy skyline photographer Richard Bell has filed three additional copyright infringement lawsuits, this time against a community development consulting firm, an importer of European vacuum products and a hospitality management company.

Use the “Richard Bell” tag at left to view his other litigation.

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Court Case Number: 1:16-cv-01256-TWP-DML
File Date: Saturday, May 21, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Progressive Urban Management Associates
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch

Court Case Number: 1:16-cv-01257-WTL-DML
File Date: Saturday, May 21, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Vacuforce, LLC
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Court Case Number: 1:16-cv-01260-WTL-DML
File Date: Monday, May 23, 2016
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Alliance Hospitality Management, LLC
Cause: Copyright Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: William T. Lawrence
Referred To: Debra McVicker Lynch

Representative Complaint: