Category Archives: Indianapolis

Indianapolis Water Damage Restoration Company sued over Unauthorized Use of Photograph on Christmas Safety Blog Post

13 Thursday Jul 2023

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

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Restoration 1, an Indianapolis-based water damage restoration service, has been sued for unauthorized use of a photograph on their website. The Plaintiff is a professional photographer from New Jersey who, per the Complaint (below), first sought to negotiate a reasonable license before bringing this lawsuit with a single claim of copyright infringement.

The photograph of blurry Christmas lights was allegedly used by the Defendant as the header in a blog post titled “A Safety Guide to Outdoor Christmas Lights.” This lawsuit should be a reminder to other companies that no matter how benevolent your intended use might be, don’t ever use images you pull directly from Google Images or you could get sued. A second lesson, probably soon to be learned by this Defendant, is that the “reasonable license” fee can increase significantly after a lawsuit is filed.

Stay tuned for updates.

Sadowski v. Restoration 1 by J&D, LLC

Court Case Number: 1:23-cv-01224-JRS-MKK
File Date: July 12, 2023
Plaintiff: Christopher Sadowski
Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck LLP
Defendant: Restoration 1 by J&D, LLC d/b/a Restoration 1 of Greater Indianapolis
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: M. Kendra Klump

Complaint:

Oakley sues Indianapolis Indoor Baseball Training Facility over Sale of Counterfeit Sunglasses

12 Friday Aug 2022

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

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The defendants in this counterfeiting lawsuit operate an indoor baseball and softball training facility in Indianapolis. The plaintiff, Oakley, has accused the defendants of selling counterfeit sunglasses. The plaintiff’s investigators purchased counterfeit sunglasses from the defendants at the Edinburgh Sports Complex (i.e. a place where baseball is played) and at the defendant’s retail location in Indianapolis.

Oakley seeks an injunction, statutory damages, attorney fees’ and costs. Oakley is probably equally interested in obtaining information about the source of the counterfeit goods, possibly somewhere overseas.

Stay tuned for updates.

Oakley, Inc. v. Batter’s Box Training, LLC et al

Court Case Number: 1:22-cv-01596-RLY-MJD
File Date: August 11, 2022
Plaintiff: Oakley, Inc.
Plaintiff Counsel: Zachary D. Prendergast of Robbins, Kelly, Patterson & Tucker, LPA
Defendants: Batter’s Box Training, LLC, Shawn Lessor, Brandi Pierson
Cause: Federal Trademark Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore

Complaint:

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

16 Thursday Dec 2021

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

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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:

IU Health sues Methodist Sports Medicine to stop use of “Methodist” name

02 Tuesday Nov 2021

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

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For nearly 100 years, Methodist Hospital of Indiana has been operated by the plaintiff Methodist Health Group and its predecessors.

In 1990, the defendant in this lawsuit, Thomas A. Brady Sports Medicine Center, P.C., began operating a sports medicine clinic on the Methodist Hospital campus called “Methodist Sports Medicine.” The clinic has now expanded to several locations around Central Indiana.

In 1997, plaintiff IU Health took over operation of Methodist Hospital and gained the exclusive right to use and sublicense the METHODIST trademark.

Jump forward to 2019 and the Defendant has apparently decided to locate a sports medicine clinic on a Franciscan Alliance health care campus, a major competitor of plaintiff IU Health.

As a result, IU Health wants the Defendant to stop using “Methodist” in their name, and the Defendant has apparently refused to comply, hence this lawsuit.

If everything is as it seems in the Complaint (below), I’d expect an eventual rebrand from the Defendant, but it’s interesting that it took a lawsuit for a rebrand to occur. A new home with a new hospital group surely calls for a brand refresh/update? Especially if you’re just a sublicensee of your original name. Either way, things are rarely exactly as a Complaint makes them seem. Stay tuned for the Defendant’s side of the story.

Indiana University Health, Inc et al. v. Thomas A. Brady Sports Medicine Center, P.C.

Case Number: 1:21-cv-02760-JMS-MJD
File Date: November 1, 2021
Plaintiff: Indiana University Health, Inc., Methodist Health Group, Inc.
Plaintiff Counsel: Louis T. Perry, Elizabeth A. Charles of Faegre Drinker Biddle & Reath LLP
Defendant: Thomas A. Brady Sports Medicine Center, P.C.
Cause: False Designation of Origin, Common Law Unfair Competition, Deception, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mark J. Dinsmore

Complaint:

Delta Faucet Company sues Russian Counterfeiters over Unauthorized Amazon Sales

29 Monday Mar 2021

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

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Delta Faucet Company is going after Russian counterfeit faucet sellers in the Southern District of Indiana. In a lengthy and well-drafted Complaint (below), the Plaintiff details how a company’s trademarks are impacted by negative online marketplace reviews and unauthorized sellers. The lawsuit potentially exposes a gray market existing within Amazon’s “Fulfillment by Amazon” services that allows for counterfeit sales, leading to invalid product warranties, disgruntled consumers, and a damaged brand.

This lawsuit, along with Delta’s upgraded authorized seller policies (described in the Complaint), could serve as a good model for other companies dealing with online counterfeits. Although I predict the individual counterfeiters will simply disappear to continue on behind other aliases, Delta is likely more interested in getting an injunction to prevent further Amazon sales, setting precedent against counterfeiters and possibly allowing them to address the numerous unearned negative product reviews.

Stay tuned for updates.

Delta Faucet Company v. Iakovlev et al.

Court Case Number: 1:21-cv-00733-JRS-TAB
File Date: March 25, 2021
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Dmitrii Iakovlev, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint: