Tag Archives: Copyright Infringement

Unauthorized Use of John Lennon Photograph leads to Copyright Infringement Lawsuit

22 Monday Jul 2019

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

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The Defendant in this copyright infringement lawsuit is alleged to have used Plaintiff’s photograph of John Lennon and Yoko Ono without authorization.

The Plaintiff is a New York-based photographer and the Defendant is a Delaware LLC located in Elkhart, Indiana. The registered Lennon/Ono photograph was apparently included on Defendant’s website, maps.roadtrippers.com, as part of a “Rock and Roll Deaths Tour.”

Most photograph copyright lawsuits, particularly those involving just one photograph, are able to settle early. We’ll continue to monitor this lawsuit so stay tuned for updates.

Tannenbaum v. The2Connect, LLC

Court Case Number: 3:19-cv-00555-PPS-MGG
File Date: Friday, July 19, 2019
Plaintiff: Allan Tannenbaum
Plaintiff Counsel: Richard Liebowitz
Defendant: The2Connect, LLC
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

First Amended Complaint:

 

Indianapolis company accused of selling counterfeit LED lighting fixtures

15 Monday Apr 2019

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

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An Indianapolis company has been accused of selling counterfeit LED lighting fixtures.

Electra Display, on Indy’s southeast side, has been sued for copyright infringement based upon the alleged copying of the plaintiff’s intellectual property, including copyrighted images from plaintiff’s sales brochures, and false advertising, based on Electra’s use of the images to deceive customers into believing that it sold plaintiff’s products, when Electra is alleged to actually sell an inferior, knock off product made by a Chinese manufacturer.

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The plaintiff, Massachusetts-based JLC-Tech LLC, owns several patents for its LED lighting technology, but doesn’t assert any patent infringement claims in the Complaint (below). Rather, this lawsuit simply seeks damages and injunctive relief against the use of the sales photographs and misleading advertising. 

Stay tuned for updates.

JLC-Tech LLC v. Electra Display

Court Case Number: 1:19-cv-01468-TWP-DLP
File Date: Thursday, April 11, 2019
Plaintiff: JLC-Tech LLC
Plaintiff Counsel: Darren A. Craig of Frost Brown Todd LLC
Defendant: Edge Systems Group LLC d/b/a Electra Display
Cause: Copyright Infringement, Federal Unfair Competition, False Advertising
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Doris L. Pryor

Complaint:

Copyright lawsuit filed over Chicago skyscraper photograph

20 Wednesday Mar 2019

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

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Here’s yet another photography copyright lawsuit, this one involving the unauthorized reproduction and public display of a photograph of skyscrapers in Chicago.

The defendant, a corporation based in Fort Wayne, Indiana, allegedly used a  registered skyscraper photograph of plaintiff, an Oregon-based photographer, on their website without authorization.

Other than the RooR counterfeit bong cases, photography cases are the only ones being filed lately. Although I don’t expect anything unusual in this case, and predict a quick settlement, I’ll continue to monitor the lawsuit to see how it might differ from the multitudinous Bell cases.

Iwasaki v. Apollo Design Technology, Inc.

Court Case Number: 1:19-cv-00094
File Date: Monday, March 18, 2019
Plaintiff: Rich Iwasaki
Plaintiff Counsel: Richard Liebowitz of Liebowitz Law Firm, PLLC
Defendant: Apollo Design Technology, Inc.
Cause: Copyright Infringement, Integrity of Copyright Management Information
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

Counterfeit Bongs dominate the February Indiana IP Litigation Docket

01 Friday Mar 2019

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

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Two photography cases, including one from serial filer Richard Bell, and a breach of franchise agreement lawsuit…other than that, the February Indiana IP litigation docket was totally dominated by filings by RooR International. RooR’s defendants are Indiana smokeshops and their alleged sale of counterfeit bongs.

RooR markets itself as “the premier manufacturer of glass water pipes by emphasizing the brand’s unwavering use of quality materials and focusing on scientific principles which facilitate a superior smoking experience.”

As you can see from the screenshot below, RooR International has gone on a recent filing spree to combat the sale of counterfeit products:

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RooR’s defendants, small smoke and vape shops from across Indiana, are accused of Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal False Designation of Origin and Federal Unfair Competition. Heavy stuff.

Sample RooR Complaint

The other non-bong, non-Bell cases involve the breach of a franchise agreement and the unauthorized use of a photograph of a New Year’s Eve fireworks display.

Baskin-Robbins Franchising LLC, BR IP Holder LLC v. Big Scoops, Inc., David M. Glasgow Jr.

Bachner v. USA Halloween Planet Inc.

Carrington College accused of providing Personal Training students with copies of exams in advance

11 Wednesday Jul 2018

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

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Plaintiff National Federal of Professional Trainers, Inc., headquartered in Lafayette, Indiana, brings this action to prevent, and obtain damages for, Defendant Carrington College’s unauthorized copying and distribution of NFPT’s proprietary Certified Personal Trainer (“CPT”) credentialing examinations. Carrington College is a for-profit educational institution headquartered in Sacramento, California.

The Complaint alleges that “Carrington had given students copies of confidential and proprietary NFPT examinations, and then quizzed students on the copied examination questions until students memorized the answers to each specific question.”

Stay tuned for updates.

National Federation of Professional Trainers, Inc. v. Carrington College, Inc.

Court Case Number: 4:18-cv-00047-JVB-JEM
File Date: Monday, July 2, 2018
Plaintiff: National Federal of Professional Trainers, Inc.
Plaintiff Counsel: Anthony E. Dowell, Richard T. McCaulley, Kenley Eaglestone of McCaulley Dowell
Defendant: Carrington College, Inc.
Cause: Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Fraud
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: John E. Martin

Complaint: