Category Archives: Copyright

AV Intern sues Kilroy’s Sports for Non-Payment of Wages, Copyright Infringement

09 Tuesday Aug 2022

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

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A popular college bar in Bloomington, Indiana is accused of non-payment of $12,000 to an intern who had been creating content for their social media accounts. The Complaint (below) details several months of promised, delayed, and ultimately unrealized paychecks.

The Complaint includes claims for declaratory judgment of copyright ownership and copyright infringement, but I assume that the intern is less interested in ownership of the bar’s social media content and more interested in getting paid for months of labor. The specific works alleged to have been infringed are not identified in the Complaint and there is no mention of registration of any works, a prerequisite for a copyright infringement claim, so the copyright claims could be vulnerable to challenge. As jurisdiction for the lawsuit is based on the copyright and declaratory judgment of copyright ownership claims, we might see an early battle over jurisdiction.

Ideally, the intern will just get paid what he is owed before lawyers for both sides get deep into researching and drafting motions. Stay tuned for updates.

Schwartz v. Kilroy’s North America, LLC et al

Case Number: 1:22-cv-01563-SEB-DML
File Date: August 5, 2022
Plaintiff: Elijah Schwartz
Plaintiff Counsel: Kimberly D. Jeselskis, B.J. Brinkerhoff, Hannah Kaufman Joseph of Jeselskis Kaufman and Joseph, LLC
Defendant: Kilroy’s North America, LLC, Kilroy’s Sports, LLC, Kilroy’s on Kirkwood, LLC
Cause: Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

BMI sues Rockville Bar for Copyright Infringement

02 Tuesday Aug 2022

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

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BMI has found another target in Indiana. This time it’s the Thirty Six Saloon, a relaxed roadhouse alongside US-36 in Rockville, Indiana, home of the Parke County Covered Bridge Festival.

BMI allegedly reached out to the Defendants over thirty-five (35) times since April 2019 in an attempt to sell them the required public performance license to play music in the roadhouse. With no apparent satisfactory response, BMI now brings a lawsuit with 4 claims of copyright infringement based on the following playlist being performed at Thirty Six Saloon without a license on November 27, 2019 (the night before Thanksgiving):

Stay tuned for updates.

Broadcast Music, Inc. et al. v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon Et al.

Case Number: 2:22-cv-00305-JRS-MJD
File Date: July 27, 2022
Plaintiff: Broadcast Music, Inc.; Cotillion Music, Inc.; Terry Stafford Music Co.; House of Cash, Inc.; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing; Round Hill Music LP d/b/a Round Hill Works; Tokeco Tunes; EMI Blackwood Music Inc.; Warner-Tamerlane Publishing Corp.; Lucky Thumb Music; Noah’s Little Boat Music; Sea Gayle Music LLC d/b/a New Songs of Sea Gayle; Eldorotto Music Publishing; Big Gassed Hitties; Spirit Music Group Inc. d/b/a Spirit of Nashville One
Plaintiff Counsel: April A. Wimberg of Dentons Bingham Greenebaum
Defendant: Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon; Mark Vanderheyden
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mark J. Dinsmore

Complaint:

Mid-July 2022 Indiana Intellectual Property Litigation Update

15 Friday Jul 2022

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

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Summer is here! There’s a big new trademark/design patent lawsuit between shoe giants PUMA and Brooks and few older lawsuits have finally settled. Based on ambiguities in the sales information provided by Omi in a Hellcat in his Motion to Dismiss, he now faces additional jurisdictional discovery from his plaintiff.

What lawsuits are you following?

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The lawsuit was dismissed with prejudice on July 11, 2022.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – The lawsuit was dismissed with prejudice on July 1, 2022.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The Defendants filed Motion for Summary Judgment on June 30, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month.  

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – No update this month.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – A Scheduling Conference is scheduled on September 2, 2022.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The parties did not meet the Court’s July 1, 2022 deadline to file dismissal documents and have requested until July 28, 2022 to further negotiate settlement terms.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The parties held a Settlement Conference with the Court on June 30, 2022, but concluded without settlement. No other updates.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – A Clerk’s Entry of Default was issued on June 28, 2022.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – On June 15, 2022, Amazon filed a Reply to the Motion to Transfer Case. No other updates.

Reid v. Stephenson (SD, filed 1/27/2022) – On July 5, the Court issued an Order to Show Cause and the Plaintiff filed its Response to Order to Show Cause on July 14, 2022.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – No update this month.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – A Notice of Settlement was filed on June 17, 2022 and a Motion for Entry of Consent Order of Judgment was filed on June 21, 2022.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – On June 16, 2022, the Plaintiff filed a Motion for Leave to Conduct Jurisdictional Discovery, which was granted on June 17, 2022. The Defendants must respond to the jurisdictional discovery requests by July 29, 2022. The Plaintiff’s Response to the Defendants’ Motion to Dismiss is due 21 days after receiving the jurisdictional discovery responses.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – No update this month.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – The Defendants have been granted until July 25, 2022 to file an Answer.

Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – No update yet.

PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – No update yet.

June 2022 Updates

May 2022 Updates – April 2022 Updates – March 2022 Updates

February 2022 Updates– January 2022 Updates – December 2021 Updates

Mid-June 2022 Indiana Intellectual Property Litigation Update

15 Wednesday Jun 2022

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

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While all eyes were on the Depp/Heard defamation litigation last month, it was a quiet but interesting month in Indiana Intellectual Property litigation. Amazon and the Ligonier, Indiana-based perfumery have now fully briefed Amazon’s Motion to Dismiss. RE/MAX also seeks to dismiss its Defendants’ counterclaims. YouTuber Omi in a Hellcat is claiming lack of personal jurisdiction and improper venue, although he needed to quickly amend (i.e. increase) their Indiana sales statistics via Declaration after filing a Motion to Dismiss.

Which Indiana intellectual property lawsuits are you following most closely?

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – No update this month.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – No update this month.

Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadlines were extended to June 17, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On June 13, 2022, the Defendant was ordered to pay the Plaintiffs $10,020.50 in attorney’s fees and costs.

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On May 27, 2022, the Plaintiffs filed their Reply Brief in support of their Motion to Dismiss Defendants’ Counterclaims.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – No update this month.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month. The parties have until July 1, 2022 to file dismissal documents.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month.

Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update this month.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – The Plaintiffs filed their Response to the Defendants’ Motion to Dismiss on May 20, 2022. Amazon filed its Reply Brief on May 27, 2022. On June 8, 2022, the Plaintiffs filed a Response to the Motion to Transfer Case.

Reid v. Stephenson (SD, filed 1/27/2022) – No update this month.

Autoniq, LLC v. Laser Appraiser, LLC (SD, filed 2/21/2022) – The lawsuit was dismissed on May 26, 2022.

Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The parties held a telephonic status conferences on June 13, 2022. A status report regarding settlement must be filed by July 15, 2022.

The American Automobile Association, Inc. v. All American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair et al. (SD, filed 3/23/2022) – No update this month.

NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. Shortly thereafter, a Declaration was filed by Defendants correcting the data in the Motion re: Indiana sales.

Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – On June 2, 2022, the Plaintiff’s Motion for Default Judgment was denied because the Plaintiff has not yet obtained a Clerk’s entry of default against Defendants.

Broadcast Music, Inc. et al. v. Warehouse L.L.C. d/b/a The Verve et al. (SD, filed 4/6/2022) – The lawsuit was dismissed with prejudice and without costs on June 2, 2022.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On June 14, 2022, Defendants Havel and Weaver each filed a Motion for Extension of Time to File Answer.

May 2022 Updates

April 2022 Updates

March 2022 Updates

February 2022 Updates

January 2022 Updates

December 2021 Updates

Indiana Lawsuit filed over Intellectual Property of Heaven’s Gate Mass Suicide Group

23 Monday May 2022

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

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The Plaintiff in this lawsuit is The Evolutionary Level Above Human, Inc., a for-profit foundation claiming to own all physical property and intellectual property of the Heaven’s Gate religious group, which committed the largest mass suicide in U.S. history in 1997. Among the claimed intellectual property are copyrights in audio cassettes, audiovisual works, fabric designs, lithographic prints, and literary works, as well as various trademark registrations for HEAVEN’S GATE.

The Defendants, three individuals, are accused of publicly sharing copies of the audio tapes and video tapes on a free online file sharing and storage site called “4Shared.com.” Per the Complaint (below), Defendant Havel anticipated being sued for sharing the works, posting the following comment on his website:

“So just weeks ago, [a third party] who I had been in contact with on and off for years sent me the digitized audios, all in .mp3 format and I quickly sent them to [Defendant Bartel] and someone else who I know I can trust to be sure to upload them to the internet in mulitple [sic] places so that even if [the Foundation] somehow sue us it will be far too late to keep them from being available to those who want to listen to them.”

The Defendants subsequently provided live streamed discussions advising others how to obtain copies of the allegedly infringed works. Numerous works were live-streamed on YouTube. T-shirts bearing the Plaintiff’s registered trademarks has been advertised by the Defendants. The Complaint alleges further actions taken by the Defendants to prevent the Plaintiff from enforcing its copyrights.

Having anticipated a lawsuit, presumably the Defendants have some type of solid defense ready to go. I expect fair use arguments (criticism, commentary, news reporting, teaching), and probably some challenges to the foundation’s ownership of the claimed intellectual property. But t-shirt sales don’t usually go hand-in-hand with valid fair uses so we’ll just wait for the Defendants’ Answer for more clarification of their goals in sharing the works.

The Evolutionary Level Above Human, Inc. d/b/a/ The Telah Foundation v. Havel et al.

Case Number: 3:22-cv-00395-JD-MGG
File Date: May 18, 2022
Plaintiff: The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation
Plaintiff Counsel: Isaac S. Crum of Messner Reeves LLP
Defendant: Steven Robert Havel, Cathy JoAnn Weaver, Jason Bartel
Cause: Federal Copyright Infringement, Contributory Copyright Infringement, Conspiracy, Federal Trademark Infringement
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint: