• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Copyright

Pacers’ Lance Stephenson sued for posting photographs of himself on Instagram Stories

28 Friday Jan 2022

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Social Media, Southern District of Indiana

≈ Leave a comment

Tags

Doris L. Pryor, James R. Sweeney II, Photography

The plaintiff in this copyright lawsuit is a professional photographer who has taken several photographs of Indiana Pacers’ Lance Stephenson, including photographs of Stephenson winning the 2008 Public School Athletic League as a high-schooler with Abraham Lincoln High School in Coney Island, New York.

Stephenson allegedly posted several of the plaintiff’s photographs on his Instagram account, stephensonlance, without authorization from the plaintiff. Most of the postings were apparently posted in Stephenson’s “Instagram Stories,” which disappear after 24 hours.

Lance Stephenson isn’t the first public figure to be sued for posting unowned photos of themself on social media. Being the subject of a photograph does not grant you copyright ownership of that photograph. Copyright ownership is held by the photographer, who can thus control how the photograph is publicly displayed. These types of lawsuits are typically settled out-of-court, but obviously not in this instance, although the Complaint (below) makes no mention of attempted settlement negotiations. Nevertheless, settlement usually follows shortly after a complaint is filed, although usually at a higher settlement amount.

Stay tuned for updates.

Reid v. Stephenson

Case Number: 1:22-cv-00205-JRS-DLP
File Date: January 27, 2022
Plaintiff: Damion Reid
Plaintiff Counsel: Craig B. Sanders of Sanders Law Group
Defendant: Lance Stephenson
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Doris L. Pryor

Complaint:

View this document on Scribd

Fishers Landscape Design Company sued over Bocce Ball Court Photograph

18 Tuesday Jan 2022

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

≈ Leave a comment

Tags

Mario Garcia, Photography, Richard L. Young

Here’s yet another copyright lawsuit involving the unauthorized use of a photograph on a website.

The Defendant, Vive Exterior Design, is a landscape design company headquartered in Fishers, Indiana. Vive is alleged to have used the Plaintiff’s photograph of a bocce ball court in the portfolio section of its website, www.viveexterior.com. The Plaintiff first sought to recover a standard license fee for use of the photograph via an intellectual property management company called Image Rights. When Image Rights was unsuccessful, Plaintiff’s counsel became involved but apparently never received a response from Vive. As such, Vive now has a federal copyright lawsuit to defend.

Settlement is the most likely outcome, but perhaps Vive has a valid defense for using the Plaintiff’s photograph. Stay tuned for updates.

Corson v. Vive Exterior Design, LLC et al

Case Number: 1:22-cv-00127-RLY-MG
File Date: January 17, 2022
Plaintiff: Lisa Corson
Plaintiff Counsel: Mathew K. Higbee, Naomi M. Sarega of Higbee & Associates
Defendant: Vive Exterior Design, LLC, Does 1-10
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mario Garcia

Complaint:

View this document on Scribd

Mid-January 2022 Indiana Intellectual Property Litigation Update

14 Friday Jan 2022

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

≈ Leave a comment

Tags

Litigation Update

Happy New Year. The last month was quiet for trademark and copyright litigation in Indiana, with only two new filings and numerous deadline extensions. However, there were a few interesting filings in ongoing cases. Noble Roman’s has filed a lengthy Response and Reply. Delta continues to pursue a Default Judgment against an online counterfeiter that continues to operate. The Triple LLL trademark lawsuit was settled with a Consent Judgment. Read on below and stay tuned for updates.

Noble Roman’s, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On January 6, 2022, Noble Roman’s filed its Response in Opposition to Cross-Motion for Summary Judgment and Reply in Support of Summary Judgment on Abuse of Process Counterclaim.

View this document on Scribd

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – On December 14, 2021, Delta submitted a Status Update regarding their Motion for Default Judgment. There is still no ruling.

View this document on Scribd

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – The parties filed a Consent Judgment on December 17, 2021 and the lawsuit was dismissed on December 21, 2021.

View this document on Scribd

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – The parties’ discovery deadline has been extended via joint motion until March 18, 2022.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – The parties’ discovery deadlines have been extended via motion.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – 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) – The Plaintiffs’ discovery deadline has been extended to February 9, 2022.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties now have a deadline of January 31, 2022 to name a mediator.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – Notice of settlement was filed by the Court and 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) – The Defendants filed an Answer on January 3, 2022. Defendants are represented by J. Richard Moore of Bleeke Dillon Crandall, P.C.

View this document on Scribd

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update this month.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – An Initial Pretrial Conference is scheduled on February 8, 2022.

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

AWGI LLC et al. v. Doe (SD, filed 1/7/2022) – No update yet.

December 2021 Updates

Indianapolis Mexican Restaurant sued for Piracy over 2018 Alvarez v. Fielding Boxing Match

16 Thursday Dec 2021

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

≈ Leave a comment

Tags

Federal Copyright Infringement, Mario Garcia, Satellite and Cable Piracy, Tanya Walton Pratt

Here’s more support for a copyright small claims court. Indianapolis-based Mexican restaurant La Jalisco is being sued for copyright infringement and piracy after allegedly showing (without authorization, obviously) a Canelo Alvarez vs. Rocky Fielding boxing match in their west-side restaurant on December 15, 2018.

For non-boxing fans, Alvarez is currently ESPN.com’s #1 “Pound-for-Pound” boxer (for comparison, the legendary “Gypsy King” Tyson Fury ranks #5). So, while 3 years ago, it was a big Saturday night fight.

Consider what a restaurant has to pay to properly show a fight. A few hundred dollars at most, probably closer to one hundred, and definitely less than the $600 filing fee for a federal lawsuit. Certainly less than the $150,000 statutory damages sought by the plaintiff. The Complaint (below) doesn’t reference any settlement communications between the parties, but you have to think that the defendants were given an opportunity to settle by paying a reasonable license fee at one point.

On the other hand, if La Jalisco didn’t show the fight, they didn’t show the fight. There are usually two sides to every story, so stay tuned for the Defendants’ response.

Innovative Sports Management Inc. v. La Jalisco LLP

Case Number: 1:21-cv-03040-TWP-MG
File Date: Wednesday, December 15, 2021
Plaintiff: Innovative Sports Management Inc., d/b/a Integrated Sports Media
Plaintiff Counsel: Ryan R. Janis of Jekielek & Janis LLP
Defendant: La Jalisco LLP d/b/a Taqueria Jalisco a/k/a Jalisco Restaurant Bar, Joan Brito, Victoria A. Morales
Cause: Satellite and Cable Piracy, Copyright Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mario Garcia

Complaint:

View this document on Scribd

Mid-December 2021 Indiana Intellectual Property Litigation Update

15 Wednesday Dec 2021

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trademark

≈ Leave a comment

Tags

Litigation Update

IP litigators must have started celebrating the holidays early, as it’s been a very quiet month for intellectual property lawsuits in Indiana. Only one new lawsuit was filed, a copyright case involving a single photograph used by Chicks on the Right in an online news article back in 2019. We did get some big news yesterday that Methodist Sports Medicine has decided to change its name to Forté Sports Medicine and Orthopedics, yet we’ll have to wait to see how the name change will impact the pending lawsuit.

Many cases just received time extensions, saving their fight for the new year.

Happy holidays from the Indiana Intellectual Property Blog. See you in January for next month’s updates.

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The filing deadline for outstanding filings has been extended from December 9, 2021 to January 6, 2022.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – No update this month.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – After two short extensions, dismissal papers are now due by December 17, 2021.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – A Protective Order was entered on December 9, 2021.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – On December 2, 2021, the parties filed a joint motion to extend Court-ordered pretrial deadlines. The motion was denied without prejudice because the motion failed to show good cause for the extension.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – The Scheduling Order was amended to extend discovery deadlines.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – On November 19, 2021, the Plaintiffs filed a Motion to Enforce Judgment seeking transfer of internet domains and social media accounts.

View this document on Scribd

View this document on Scribd

RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – On December 8, 2021, the Defendants filed a motion requesting until January 11, 2022 to respond to Plaintiff’s Discovery Request.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – An Amended Complaint was filed on December 9, 2021 and the Answer to Amended Complaint was filed on December 12, 2021.

Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – Attorney Kelly V. Milam filed an appearance on behalf of defendant ooShirts, Inc. on November 23, 2021.

Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – The Defendants’ attorneys filed appearances on December 8, 2021.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C. (SD, filed 11/1/2021) – No update yet.

Alcorn v. COTR, LLC (SD, filed 11/22/2021) – No update yet.

November 2021 Updates

October 2021 Updates

September 2021 Updates

August 2021 Updates

July 2021 Updates

June 2021 Updates

May 2021 Updates

April 2021 Updates

← Older posts
Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (331)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (34)
  • Indiana (607)
  • Indianapolis (52)
  • Intellectual Property (669)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (600)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (217)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (370)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (369)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog
    Join 81 other subscribers

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar
Loading Comments...