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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Copyright

Mid-August 2021 Indiana Intellectual Property Litigation Update

16 Monday Aug 2021

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

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Summer is winding down but several Indiana trademark and copyright lawsuits are just heating up. A few cases were dismissed since last month’s update and there are only a few documents worth highlighting this month. However, with numerous pretrial or settlement conferences scheduled in the next few weeks, there should be plenty to report in next month’s update. For now, here are the mid-August 2021 Indiana Intellectual Property Litigation updates:

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – On August 12, the parties filed their respective Statement of Claims (below) and a telephonic Settlement Conference is scheduled for August 20, 2021.

View this document on Scribd
View this document on Scribd

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – On August 10, 2021, the National Farmers Union Property & Casualty Company, an insurance, has filed a motion to intervene to determine its rights and responsibilities to the Plaintiff under a liability insurance policy.

View this document on Scribd

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – A Notice of Voluntary Dismissal was filed on July 29, 2021 and the lawsuit was dismissed with prejudice on August 3, 2021.

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – The parties have settled and have been granted until August 27, 2021 to file the appropriate dismissal papers.

Delta Faucet Company v. Iakovlev et al. (SD, filed 3/25/2021) – A Protective Order was issued on August 5, 2021 regarding the use and disclosure of discovery produced by nonparty Amazon.

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – On August 12, 2021, the Plaintiff filed a Motion to Stay all deadlines until the next status conference. This is likely an indication that settlement is close.

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – Nothing to report.

Energy Beverages LLC v. Full Throttle Automotive LLC (SD, filed 5/19/2021) – A settlement has been reached. On July 28, 2021, the Court ordered that dismissal documents be filed within 28 days.

Monster Energy Company v. R&R Medical, LLC d/b/a Bear KompleX (ND, filed 5/26/2021) – The Defendant’s response deadline has been extended to August 30, 2021.

Egglife Foods, Inc. v. Crepini, LLC (ND, filed 5/28/2021) – The Defendant’s counsel, John A. Conway, filed an appearance on August 13, 2021. Nothing else to report.

Gatewood v. Webber Chappelle (ND, filed 6/4/2021) – No update yet.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – An initial pretrial conference is set for August 18, 2021.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A settlement conference is scheduled on November 10, 2021.

Valqari LLC v. Dronedek Corporation et al. (SD, filed 6/16/2021) – An initial pretrial conference is set for September 30, 2021.

Fitzgerald et al. v. Murray et al. (SD, filed 6/18/2021) – The Defendant Beacon Books filed a Motion to Dismiss on July 26, 2021, but it was stricken by the Court because it was filed by the Defendant’s Director rather than counsel (a requirement for corporations). Beacon Books filed a document on August 11, 2021 requesting to be assigned a state attorney.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – A telephonic Rule 16 Preliminary Pretrial Conference is scheduled for September 2, 2021.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – An initial pretrial conference is schedule for September 9, 2021.

Haehl v. Dr. Brite, LLC (SD, filed 7/21/2021) – An Affidavit of Service was filed on July 29, 2021. No activity yet by Defendant.

AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – An Affidavit of Service was filed on August 4, 2021. No activity yet by Defendant.

Berman v. Auralex Acoustics, Inc. (SD, filed 7/22/2021) – An Affidavit of Service was filed on July 28, 2021. No activity yet by Defendant.

July 2021 Updates

June 2021 Updates

May 2021 Updates

April 2021 Updates

Ray Luzier Photograph Copyright Lawsuit Filed in Southern District of Indiana

28 Wednesday Jul 2021

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

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Celebrity Photography, Direct Copyright Infringement, Falsification, Jane Magnus-Stinson, Photography, Removal and Alteration of Copyright Management Information, Tim A. Baker

The plaintiff in this copyright infringement lawsuit is a professional photographer from Nashville, Tennessee. In March 2019, the plaintiff took a photograph of Ray Luzier, drummer for the band Korn. The photograph was immediately registered with the U.S. Copyright Office.

The Defendant, which sells acoustical products from Indianapolis, Indiana, allegedly used the plaintiff’s photograph on its website without authorization, on a page about “famous users” of the Defendant’s products. The photograph was also allegedly posted on the Defendant’s Facebook and Instagram accounts.

Stay tuned for updates.

Berman v. Auralex Acoustics, Inc.

Case Number: 1:21-cv-02090-JMS-TAB
File Date: Thursday, July 22, 2021
Plaintiff: Sayre Berman
Plaintiff Counsel: Craig B. Sanders, Esq. of Barshay Sanders, PLLC
Defendant: Auralex Acoustics, Inc.
Cause: Direct Copyright Infringement, Falsification, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Tim A. Baker

Complaint:

View this document on Scribd

Cute/Horrifying Baby Teeth Photograph Leads to Copyright Infringement Lawsuit

26 Monday Jul 2021

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

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Direct Copyright Infringement, James Patrick Hanlon, Mark J. Dinsmore, Photography, Removal or Alteration of Copyright Management Information, Vicarious Copyright Infringement

The Plaintiff in this copyright lawsuit is an infant photographer who uses photo editing software to add teeth to her infant subjects. Depending on your aesthetic tastes, the resulting photographs range somewhere between cute and horrifying.

The Defendant sells teeth whitening and oral care products and allegedly used one of the Plaintiff’s photographs in a Facebook advertisement in August 2019. The photograph was altered to whiten the teeth and remove the Plaintiff’s watermark. The advertisement (below) included a link to the Defendant’s website and a “Shop Now” button.

It’s hard to see this lawsuit going very far; it’s slightly ridiculous it had to be filed at all. This situation seems like it would be a perfect fit for a small claims copyright court. Hopefully the parties can soon find an amicable resolution, like an appropriate license fee, for the (possibly) 4one-time use of Plaintiff’s photograph. If the Defendant somehow determines it would make more sense to litigate, we might see them challenge jurisdiction in Indiana.

Stay tuned for updates.

Haehl v. Dr. Brite, LLC

Case Number: 1:21-cv-02072-JPH-MJD
File Date: Wednesday, July 21, 2021
Plaintiff: Amy Haehl
Plaintiff Counsel: Bradley M. Stohry of Reichel Stohry Dean LLP
Defendant: Dr. Brite, LLC
Cause: Direct Copyright Infringement, Vicarious Copyright Infringement, Removal or Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

Mid-July 2021 Indiana Intellectual Property Litigation Update

16 Friday Jul 2021

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

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I hope everyone is having a great summer. The last month brought us a few interesting new trademark lawsuits in Indiana and four Answers in ongoing cases. The Courts seem to be fully back in action following a long pandemic lull. Without further ado, here are the mid-July 2021 Indiana Intellectual Property Litigation updates:

Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The parties had a telephonic status conference with the Court on June 21 and both parties report discovery is largely complete. This case is set for an in-person settlement conference on Friday, August 20.

Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – The lawsuit was dismissed on June 24, 2021 pursuant to a Notice of Voluntary Dismissal.

Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – An Answer to the First Amended Complaint and Amended Counterclaim and Third-Party Complaint was filed on June 30, 2021, with additional details about the parties’ interactions.

View this document on Scribd

La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – The lawsuit was dismissed on June 17, 2021 pursuant to a Notice of Voluntary Dismissal.

La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – On July 12, 2021, the Defendants filed their Answer.

View this document on Scribd

Vroom, Inc. v. Midwest Motors LLC et al. (SD, filed 3/24/2021) – The parties had a telephonic status conference with the Court on June 23, 2021. They were ordered to report on the status of settlement by July 23, 2021.

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

ABI Attachments, Inc. v. Kiser Arena Specialists, Inc. et al. (SD, filed 4/12/2021) – An Answer was filed on June 16, 2021.

View this document on Scribd

Triple LLL Truck Repair, Inc. v. Triple LLL, Inc. et al. (ND, filed 4/26/2021) – The Defendants did not respond to the Complaint by a July 7, 2021 deadline. Nothing else to report.

Energy Beverages LLC v. Full Throttle Automotive LLC (SD, filed 5/19/2021) – The Defendant has been granted an extension until July 30, 2021 to respond to the Complaint.

Monster Energy Company v. R&R Medical, LLC d/b/a Bear KompleX (ND, filed 5/26/2021) – A Rule 16 Preliminary Pretrial Conference is currently scheduled for July 29, 2021, although a consent motion to reschedule and extend deadlines was filed on July 15, 2021.

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

Gatewood v. Webber Chappelle (ND, filed 6/4/2021) – No update yet.

Sears Authorized Hometown Stores, LLC v. Lynn Retails, Inc. et al. (SD, filed 6/4/2021) – Defense counsel (Van T. Willis) filed an Appearance on July 6, 2021 but no other updates.

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – An Answer was filed on July 9, 2021. An initial pretrial conference is set for August 3, 2021.

View this document on Scribd

Valqari LLC v. Dronedek Corporation et al. (SD, filed 6/16/2021) – No update yet.

Fitzgerald et al. v. Murray et al. (SD, filed 6/18/2021) – No update yet.

Phoenix Intangibles Holding Company et al. v. Virk Brothers, LLC et al. (ND, filed 7/9/2021) – No update yet.

Poulsen Roser A/S v. Gardens Alive, Inc. et al. (SD, filed 7/14/2021) – No update yet.

June 2021 Updates

May 2021 Updates

April 2021 Updates

Author Sued for Copyright Infringement, RICO Violation over Unauthorized Tell-all Book about Deceased Metaphysician

21 Monday Jun 2021

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

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Tags

Intentional Interference with Contractual Relations, Tanya Walton Pratt, Tim A. Baker

The parties to this copyright lawsuit have a long personal history.

The Plaintiff, Fitzgerald, was the executor of the estate of Frithjof Schuon (“Schuon”), a Swiss metaphysician and author, who died in Bloomington, Indiana in May 1998.

The Defendant, Murray, was a close friend of Schuon and his wife until 1992. From 1992-1995, Murray allegedly made aggressive communications, including threatening letters, to Schuon. Murray repeatedly violated a Protective Order, leading to her incarceration. Murray then filed four lawsuits against the Schuons, two of which were dismissed and two which were settled via a Settlement Agreement that included a confidentiality provision.

Photo by Michael Fitzgerald, CC BY 2.5, No changes made.

After Schuon died in 1998, his wife inherited his right of publicity and copyrights. Those rights were subsequently assigned to Plaintiff World Wisdom, Inc. (“World Wisdom”) in 2003. Mrs. Schuon’s rights under the Settlement Agreement were assigned to Fitzgerald and World Wisdom in 2021. World Wisdom also was assigned rights in Mrs. Schuon’s own right of publicity and copyrights.

In April 2018, Murray published a website that contained many criticisms of Schuon. The website allegedly infringes some of Mrs. Schuon’s copyrighted works and violates the confidentiality provision of the earlier Settlement Agreement. Further, in 2021, Murray published a book, Third Wife of the Muslim Shaykh Frithjof Schuon, that allegedly infringes numerous copyrighted works of Mrs. Schuon. Murray’s publisher, Defendant Beacon Books and Media, discontinued print publication of the book in March 2021 but electronic versions remain available. The Defendants have apparently intimidated that further print versions of the book are forthcoming.

In addition to copyright and breach of contract claims, the Complaint (below) also includes a claim for a RICO violation based on alleged racketeering activity by the Defendants.

Given the long history between the parties and the seemingly contrary position of the Defendants, the Answer should be an interesting read. Stay tuned for updates.

Fitzgerald et al. v. Murray et al.

Case Number: 1:21-cv-01822-TWP-TAB
File Date: Friday, June 18, 2021
Plaintiff: Michael Fitzgerald, World Wisdom, Inc.
Plaintiff Counsel: Louis T. Perry, Jason M. Rauch, Elizabeth A. Charles of Faegre Drinker Biddle & Reath LLP
Defendant: Maude Murray, Beacon Books and Media, LTD
Cause: Civil RICO, Copyright Infringement, Right of Publicity, Breach of Contract, Intentional Interference with Contractual Relations
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Tim A. Baker

Complaint:

View this document on Scribd
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