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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Copyright Infringement

Indiana Copyright Litigation Update – Ellsworth v. Mission 22

04 Monday Jan 2016

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

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Copyright Infringement, Litigation Update, Tanya Walton Pratt, Tim A. Baker

Defendant is alleged to have created an unauthorized derivative work – a sculpture – based on Plaintiff’s painting of the silhouettes of 22 soldiers and related woodblock prints.

Ellsworth v. Mission 22 AKA Elder Heart Inc.

Court Case Number: 1:15-cv-02031-TWP-TAB
File Date: Tuesday, December 29, 2015
Plaintiff: Angela Ellsworth
Plaintiff Counsel: Thomas A. Herr, Jeremy N. Gayed of Barrett McNagny LLP
Defendant: Mission 22 AKA Elder Heart Inc.
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Complaint:

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Exhibit A:

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Exhibit E:

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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

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*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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