• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Copyright Infringement

What a BMI Bar Case Is (and Why This Blog Will Usually Skip Them)

05 Monday Oct 2026

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation

≈ Leave a comment

Tags

BMI, Copyright Infringement, Litigation Update

Broadcast Music, Inc. licenses the public performance of songs in its repertoire. When a bar, restaurant, or grill plays that music without a license, BMI and the publishers sue. The complaint names the venue and, often, the owners. It lists a handful of songs performed on a given night. It asks for statutory damages, an injunction, and fees. Indiana federal courts see these cases on a regular basis. The latest is Broadcast Music, Inc. v. Dagger’z Bar and Grill LLC, 4:26-cv-00265, filed September 24, 2026, against the Jeffersonville bar and two individuals.

That is the whole pattern. There is no fight over who wrote the songs, no fair-use argument that goes anywhere, and rarely an answer. The defendant takes a license, settles, or defaults. A consent judgment or a default judgment follows. The docket is short because the legal question is short: the songs were performed in public, and there was no license.

This blog is for named local disputes with something to read – a mark, a specimen, a story that is not the same story as last year’s bar. A BMI filing is technically a copyright lawsuit, and thus we don’t want to ignore them completely. However, they will no longer get their own post. If one of the BMI lawsuits turns into a real contest over ownership or a defense that is not “we will pay,” that one might earn a write-up. Until then, BMI cases will just appear in the monthly updates.

Stay tuned for new cases with something left to say after the complaint.


Kenan L. Farrell, KLF Legal, Indianapolis

UINDY vs. IU INDY…are you confused?

09 Wednesday Sep 2026

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

≈ Leave a comment

Tags

Copyright Infringement, Dilution, Federal Trademark Infringement, Indiana University, Litigation Update, University of Indianapolis

Indianapolis University of Indianapolis sued The Trustees of Indiana University on August 11, 2026, in the Southern District of Indiana, Case No. 1:26-cv-01669-JPH-MKK, alleging federal trademark infringement, unfair competition, and trademark dilution over IU’s use of “IU INDY” for the former IUPUI campus – a phrase the south-side school says is too close to its federally registered UINDY mark.

The Complaint (below) opens as “an action for infringement of U Indy’s well-known federally registered trademark ‘UINDY.’” UIndy has used UINDY in commerce since 2002 and owns a family of live Principal Register registrations, including U.S. Reg. Nos. 2,755,827 (Class 41 educational services; first use June 3, 2002; registered August 26, 2003), 3,327,194, 3,756,194 (clothing), 3,865,804, 4,039,095, and 6,969,975. After IU and Purdue unwound IUPUI in 2024, IU began branding the downtown Indianapolis campus as IU INDY – including, contemporaneous reporting notes, on athletic goods – and filed intent-to-register applications for IU INDY, IU INDY and design, and IU INDY JAGUARS (Serial Nos. 98/413,770, 98/413,774, 98/413,777, and 98/414,051), which published on October 22, 2024.

UIndy opposed those applications at the Trademark Trial and Appeal Board on February 19, 2025 (Opposition No. 91297078). The federal complaint now takes the fight out of the Trademark Office and into the Southern District. As pleaded in the public accounts of the Complaint, the two schools compete for the same students in the same city; UIndy alleges “confusion and deception in the marketplace and diversion of potential students and customers of U Indy to IU,” and says it has already seen mix-ups among students, job applicants, delivery drivers, and FAFSA filers. IU’s media office has declined to comment on the litigation. An answer has not been filed.

UIndy seeks to stop display, distribution, marketing, and promotion under IU INDY, plus damages. Two Indianapolis universities, one transposed pair of letters, one federal trademark docket. Stay tuned for updates.

University of Indianapolis vs. The Trustees of Indianapolis University

Court Case Number: 1:26-cv-01669-JPH-MKK
File Date: August 11, 2026
Nature of Suit: 840 Trademark
Plaintiff: University of Indianapolis
Plaintiff Counsel: William J. Barkimer, Daniel Tychonievich of Krieg DeVault LLP
Defendant: The Trustees of Indiana University
Cause: Federal Trademark Infringement; Federal Unfair Competition; False Designation of Origin
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: M. Kendra Klump

Complaint:

University of Indianapolis ComplaintDownload

Written by Kenan L. Farrell of KLF Legal (https://www.klflegal.com/). The Indiana Intellectual Property Blog covers federal copyright and trademark dockets in Indiana. This post is commentary, not legal advice.

“Diamond Tile” Copyright Lawsuit Refiled Against Hong Kong Resident

18 Thursday Apr 2024

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

≈ Leave a comment

Tags

Copyright Infringement, James R. Sweeney II, Mario Garcia

This new copyright lawsuit is a refile of the recently-terminated January lawsuit between two Chinese corporations, now also naming an individual defendant living in Hong Kong. The lawsuit involves alleged infringing sales on Amazon.com of a knockoff of plaintiff’s “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. et al.

Court Case Number: 1:24-cv-00644-JRS-MG
File Date: April 11, 2024
Plaintiff: Guangzhou Shima Decoration Materials Co., Ltd
Plaintiff Counsel: Michael A. Swift, Harold C. Moore, Travis W. Baxter of Maginot, Moore & Beck, LLP
Defendant: Shenzhen Ruimingxiang Technology Co., Ltd., Shi Lei
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mario Garcia

Complaint:

View this document on Scribd

WISH-TV sued over New York Garbage Truck Photograph

23 Friday Feb 2024

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

≈ Leave a comment

Tags

Copyright Infringement, Photography, Removal or Alteration of Copyright Management Information

Photographers getting paid what they’re owed by news organizations has always been an issue. Just ask Peter Parker.

WISH-TV, an Indianapolis-based local television station, is accused of copying a photograph of a New York garbage truck and reposting it to WISH-TV’s website/social media. The original photograph had been included in a NY Post article via a paid license. In addition to editing the photograph to overlay pictures of three sanitation workers, WISH-TV also cropped out the photographer’s attribution (see Complaint below).

Unable to negotiate a license fee, the photographer is now suing WISH-TV for copyright infringement and removal of the attribution.

If you want a photograph of a random New York garbage truck, either: a) take the photo yourself, b) pay someone to take the photo for you, c) pay someone who has already taken such a photo to use their photo, or d) use AI to create the photo because who will really know, it’s just a random garbage truck. Do not: e) find a photo on Google Images, crop out the photographer’s logo, and post it on your website.

The “news reporting” fair use defense likely won’t work for WISH-TV, because WISH-TV’s article was not reporting about this specific garbage truck but rather just took a random garbage truck photograph and used it in a story about sanitation worker overtime hours. If WISH-TV had been reporting about this particular garbage truck, or even the photographer, they might be able to claim a fair use defense, although they would still need to explain why the photographer’s attribution was cropped.

Stay tuned for updates.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV

Court Case Number: 1:24-cv-00324-JRS-TAB
File Date: February 21, 2024
Plaintiff: Christopher Sadowski
Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck LLP
Defendant: Circle City Broadcasting I, LLC d/b/a WISH-TV
Cause: Copyright Infringement, Removal or Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint:

View this document on Scribd

Two Chinese Corporations fight in Indiana Federal Court over Diamond Wall Panels

10 Wednesday Jan 2024

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

≈ Leave a comment

Tags

Amazon, Copyright Infringement, Richard L. Young, Tim A. Baker

Happy New Year! Here’s a bit of an oddball case to kick off Indiana intellectual property litigation in 2024. Both parties in this copyright lawsuit are Chinese corporations, but the defendant apparently does business in Indiana. The defendant is alleged to have infringed the plaintiff’s copyright in a “Diamond Tile,” a square or rectangular wall panel having a three-dimensional design formed by various diamond-like elements. The defendant’s sales of the allegedly infringing wall panels took place on Amazon.com.

The Complaint is relatively short, just 4 pages, and has no specifically defined cause, although it seems to be for copyright infringement. We’ll be interested to learn more about the defendant’s relationship with Indiana as the lawsuit progresses. Presumably either the infringing wall panels are manufactured in Indiana or are distributed by Amazon from Indiana.

Here is the plaintiff’s wall panel design:

And here is the defendant’s design:

What do you think? Are the designs substantially similar?

Stay tuned for updates.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd.

Court Case Number: 1:24-cv-00041-RLY-TAB
File Date: January 8, 2024
Plaintiff: Guangzhou Shima Decoration Materials Co., Ltd
Plaintiff Counsel: Michael A. Swift, Harold C. Moore, Travis W. Baxter of Maginot, Moore & Beck, LLP
Defendant: Shenzhen Ruimingxiang Technology Co., Ltd.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Tim A. Baker

Complaint:

View this document on Scribd
← Older posts

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (331)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (34)
  • Indiana (607)
  • Indianapolis (52)
  • Intellectual Property (669)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (600)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (217)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (370)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (369)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog
    Join 81 other subscribers

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar
Loading Comments...