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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Contributory Infringement

Painter sues T-Shirt Printing Website for Unauthorized Use of Presidential Painting

27 Monday Sep 2021

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

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Contributory Infringement, Direct Copyright Infringement, Mark J. Dinsmore, Tanya Walton Pratt, Vicarious Infringement

This copyright lawsuit involves a painter attempting to stop an online merchandise platform from using his artwork on customizable products. The Defendant t-shirt website, like thousands of other sites, sells blank apparel that can be customized with a user-uploaded image or text.

Per the Complaint (below), the John Doe defendants (1-11) have, via separate registered accounts, been uploading a digital copy of one of Plaintiff’s paintings since 2018 and using the online platform to create unauthorized products which they presumably then sell elsewhere. Plaintiff’s counsel first contacted the Defendant website in April 2020 about the unauthorized use of Plaintiff’s artwork, seemingly with no acceptable resolution or cessation.

In lawsuits such as this with numerous John Doe defendants, the first and most difficult hurdle for the Plaintiff will be to discover the identity of the John Does. The similarity in the John Doe’s account names on the t-shirt platform seem to indicate that it’s just one source (an individual or small group) that is repeatedly ordering new product. I wouldn’t expect any response to be filed by the John Doe Defendants, who will likely disappear altogether, and probably a long road of discovery for the Plaintiff perhaps eventually leading to a default judgment against the determined “guilty” party.

The vicarious infringement and contributory infringement claims against the online t-shirt website will be interesting to follow. Presumably, having been put on notice of the unauthorized use in April 2020, the t-shirt website might be expected to take more action to prevent future infringements of the same image. But how closely do they (or should they be expected to) patrol user-submitted images for infringement? It seems like the t-shirt printing and shipping process would be almost completely automated following the user submission, with no copyright verification step in between.

Stay tuned for updates.

Thomas v. ooShirts, Inc. et al.

Case Number: 1:21-cv-02519-TWP-MJD
File Date: Friday, September 24, 2021
Plaintiff: Andrew “Andy” Thomas
Plaintiff Counsel: Sean J. Quinn of SouthBank Legal: LaDue | Curran | Kuehn, Oliver Maguire of Evans & Dixon, LLC
Defendant: ooShirts, Inc., John Does 1-11
Cause: Direct Copyright Infringement, Vicarious Infringement, Contributory Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mark J. Dinsmore

Complaint:

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Concert Photographer File Another Copyright Lawsuit over Violation of Creative Commons License

01 Wednesday Apr 2015

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

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Christopher A. Nuechterlein, Contributory Infringement, Copyright Infringement, Jon E. DeGuilio, Removal of Copyright Management Information

Larry Philpot has filed another suit over alleged use of a photograph of Willie Nelson (related cases here, here, and here). In addition to infringement, Philpot is also claiming that defendant intentionally removed his copyright management information from the photograph.

Larry G. Philpot v. Gray Television, Inc. et al

Court Case Number: 3:15-cv-00145-JD-CAN
File Date: Tuesday, March 31, 2015
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Gray Television, Inc., Gray Television Group, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E DeGuilio
Referred To: Magistrate Judge Christopher A Nuechterlein

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Indiana Copyright Litigation Update – Malibu Media v. John Does 1-4

30 Friday Nov 2012

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

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Contributory Infringement, Copyright Infringement, Litigation Update, Mark J. Dinsmore, Paul J. Nicoletti, Sarah Evans Barker

Malibu Media LLC v. John Does 1-4

Court Case Number: 1:12-cv-01748-SEB-MJD
File Date: Thursday, November 29, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates, P.C.
Defendant: John Does 1-4
Cause: Direct Infringement, Contributory Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

View this document on Scribd

Indiana Copyright Litigation Update – Malibu Media v. John Does 1-4

27 Tuesday Nov 2012

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

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Contributory Infringement, Copyright Infringement, Litigation Update, Paul J. Nicoletti, Richard L. Young, Tim A. Baker

Malibu Media LLC v. John Does 1-4

Court Case Number: 1:12-cv-01732-RLY-TAB
File Date: Monday, November 26, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates
Defendant: John Does 1-4
Cause: Direct Copyright Infringement, Contributory Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

Indiana Copyright Litigation Update – Malibu Media v. John Does 1-4

27 Tuesday Nov 2012

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

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Contributory Infringement, Copyright Infringement, Litigation Update, Paul J. Nicoletti, Sarah Evans Barker, Tim A. Baker

Malibu Media LLC v. John Does 1-4

Court Case Number: 1:12-cv-01731-SEB-TAB
File Date: Monday, November 26, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-4
Cause: Direct Copyright Infringement, Contributory Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

View this document on Scribd

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