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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Copyright

Indiana Copyright Litigation Update – Brick Shirt House v. Indiana On Tap

07 Monday Dec 2015

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

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Copyright Infringement, Denise K. LaRue, Litigation Update, Tanya Walton Pratt

The Brick Shirt House, LLC v. Indiana On Tap, LLC

Court Case Number: 1:15-cv-01919-TWP-DKL
File Date: Friday, December 4, 2015
Plaintiff: The Brick Shirt House, LLC
Plaintiff Counsel: Andrea Lynn Ciobanu, Alex Maurice Beeman of Ciobanu Law
Defendant: Indiana On Tap, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Complaint:

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Brick Shirt HouseOld Indiana On Tap Logo

Indiana Copyright Litigation Update – Professional Transportation Inc. v. Robert E. Warmka

30 Wednesday Sep 2015

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

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Copyright Infringement, Indiana Trade Secret Violation, Litigation Update, Trade, Unfair Competition, William G. Hussmann

This lawsuit, removed from Vanderburgh Superior Court to the Southern District of Indiana, involves a dispute over a “Driver’s Manual.” Defendant is alleged to have left the employ of Plaintiff and utilized portions of their proprietary driver’s manual with his new employer. Defendant removed the lawsuit to federal court.

Professional Transportation Inc. v. Robert E. Warmka

Court Case Number: 3:15-cv-00134-RLY-WGH
File Date: Monday, September 28, 2015
Plaintiff: Professional Transportation Inc.
Defendant: Robert E. Warmka
Cause: Indiana Trade Secret Violation, Unfair Competition, Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Notice of Removal:

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Complaint:

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Pro Se Plaintiff sues The Mind Trust, Indianapolis Public Schools for Copyright Infringement (Again)

14 Monday Sep 2015

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

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Copyright Infringement, Jon E. DeGuilio, Litigation Update, Pro Se, Susan L. Collins

At its core, this is a copyright lawsuit involving educational “models.” However, this lawsuit is particularly interesting for several reasons. Here are a few:

  1. It’s a pro se plaintiff, hence a non-traditional intellectual property complaint. While only copyright claims seem at issue, the complaint was filed (again, by a pro se) as a 42 USC 1983 civil rights complaint.
  2. Several large, high-profile defendants. Which will take the lead? The complaint focuses on the “Bridges to Success Education School Model” and the “Phalen Leadership Academies Education School Model.”
  3. The copyright application (included in the complaint) was apparently also a pro se copyright application.
  4. Plaintiff has requested a Cease and Desist Order preventing several schools systems from using specific educational “Models” until the lawsuit is resolved.
  5. This is the first “intellectual property” lawsuit filed in the Northern District of Indiana since June 19. Welcome back!

For now, I’ll leave it to the Defendants’ lawyers to parse all the facts and allegations in the Complaint. Stay tuned for updates.

Angela E. Brooks-Ngwenya v. The Mind Trust et al

Court Case Number: 1:15-cv-00255-JD-SLC
File Date: Friday, September 11, 2015
Plaintiff: Angela E. Brooks-Ngwenya
Plaintiff Counsel: Angela E. Brooks-Ngwenya – Pro Se
Defendant: The Mind Trust, United Way of Central Indiana, Central Indiana Education Alliance, Phalen Leadership Academies, Indianapolis Public Schools
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Susan L. Collins

Complaint:

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Prior Court of Appeals Decision:

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Richard Bell Files Two More Copyright Complaints

03 Friday Jul 2015

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

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Copyright Infringement, Larry J. McKinney, Mark J. Dinsmore, Richard Bell, Sarah Evans Barker, Tim A. Baker

Richard Bell has added two more cases to his docket (prior cases here, here, here, here, here, here, and here).

Richard N. Bell v. American Dream Coalition et al

Court Case Number: 1:15-cv-01014-LJM-MJD
File Date: Saturday, June 27, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: American Dream Coalition, Thoreau Institute
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Mark J. Dinsmore

View this document on Scribd

*Dismissed August 4, 2015*

Richard N. Bell v. Randolph Ventures LLC

Court Case Number: 1:15-cv-01037-SEB-TAB
File Date: Thursday, July 02, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Randolph Ventures LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

*Dismissed January 7, 2016*

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Another Richard Bell Copyright Suit

26 Friday Jun 2015

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

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Copyright Infringement, Denise K. LaRue, Jane Magnus-Stinson, Litigation Update, Photography, Richard Bell, Unfair Competition

Richard Bell is suing another website for allegedly using an unauthorized copy of his photograph of downtown Indianapolis. In a previous ruling against Mr. Bell (more here), the court was less than pleased with shortcomings in his complaint:

While providing specific facts is not necessary in a complaint, Mr. Bell is required to do more than recite legal conclusions of conduct with generic applicability to various defendants. . . . Legal conclusions are not afforded the assumption of truth. . . . [T]he Court will not afford the assumption of truth to the legal conclusions in Mr. Bell’s complaint. Neither does the Court find any factual allegations that are not legal conclusions, which could entitle him to relief and satisfy the standard of review.

Bell v. McCann, No. 1:13-CV-00799-TWP, 2014 WL 900961, at *2 (S.D. Ind. Mar. 7, 2014)

Mr. Bell did offer more than legal conclusions in this most recent Complaint (see below) by adding a factual allegation. And although he needed to allege “only enough facts to state a claim to relief that is plausible on its face,” Mr. Bell decided to unnecessarily add proof of these alleged facts. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). He included a link to a screenshot of the alleged infringement, although the link just resolves to a blank page.

In any case, don’t use pictures you find on the internet without authorization. Just don’t.

Richard N. Bell v. Proact Search LLC

Court Case Number: 1:15-cv-01005-JMS-DKL
File Date: Thursday, June 25, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Proact Search LLC
Cause: Copyright Infringement and Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd

*Dismissed August 5, 2015*

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