Tag Archives: Copyright Infringement

Indiana Copyright Litigation Update – Countryman Nevada v. Does 1-16

27 Monday Jan 2014

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

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They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.

Countryman Nevada LLC v. Does 1-16

Court Case Number: 1:14-cv-00019-RLM-RBC
File Date: Friday, January 24, 2014
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: Does 1-16
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – National Photo Group v. Federated Media et al

30 Monday Dec 2013

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

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This litigation involves the unauthorized use of celebrity photographs on a Fort Wayne country radio station’s website.

K105 Pictures

The lawsuit should serve as a reminder/warning to everyone operating a commercial website to only use photographs that:

  1. You own; or
  2. You have permission to use; or
  3. Are in the public domain.

This means going back through old pages and posts and removing/replacing unauthorized images. Failure to do this can result in expensive copyright litigation. If you have any questions about the photographs on your site, err on the side of caution and remove them until you’re able to properly determine ownership.

National Photo Group LLC v. Federated Media Inc. et al

Court Case Number: 3:13-cv-01405-PPS-CAN
File Date: Thursday, December 26, 2013
Plaintiff: National Photo Group LLC
Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC
Defendant: Federated Media Inc., WQHK-FM
Cause: Direct Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction, Attorney Fees and Costs
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Copyright Litigation Update – Redwall Live v. ESG Security

26 Tuesday Nov 2013

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

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Redwall Live Corporation v. ESG Security, Inc.

Court Case Number: 1:13-cv-01849-SEB-DML
File Date: Thursday, November 21, 2013
Plaintiff: Redwall Live Corporation
Plaintiff Counsel: Steven G. Cracraft of Brannon Sowers & Cracraft PC
Defendant: ESG Security, Inc.
Cause: Copyright Infringement, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Copyright Litigation Update – Silver Streak Industries v. Squire Boone Caverns

30 Wednesday Oct 2013

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

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Fun case. The work at issue is a “whimsical representation of a mining ore car used to display polished stone and an accompanying brochure that lists the type of stones displayed.” Defendant Squire Boone Caverns, located in Harrison County, Indiana, is allegedly producing and selling an infringing ore car.

The Plaintiff does have a copyright registration for a 3-Dimensional sculpture for “Ore Card Display and Game Cards.” However, there will certainly be some functionality challenges to overcome.  Additionally, the Plaintiff will need to reconcile why the registration for a “wood constructed attraction” for game cards should extend to polished stones. Squire Boone’s ore car product is advertised in connection with polished stones. It’s not apparent from the Complaint or Exhibits whether the Squire Boone ore car is made from wood, plastic or metal.

This case will probably see a Motion to Dismiss so stay tuned. A design patent would have probably been the preferred method of intellectual property protection for the Plaintiff’s ore car.

Screen Shot 2013-10-30 at 9.28.29 AM Screen Shot 2013-10-30 at 9.37.38 AM

Silver Streak Industries LLC v. Squire Boone Caverns Inc.

Court Case Number: 4:13-cv-00173-RLY-DML
File Date: Tuesday, October 29, 2013
Plaintiff: Silver Streak Industries LLC
Plaintiff Counsel: Van T. Willis, Ashley G. Eade of Kightlinger & Gray LLP
Defendant: Squire Boone Caverns Inc.
Cause: Copyright Infringement, Tortious Interference with Contract
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Copyright Litigation Update – lautance B. Aiuppy v. Ufnowski Enterprises

21 Monday Oct 2013

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

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The Plaintiff, located in Montana, owns the rights to celebrity photographs which it licenses to online and print publication. Defendant, an Indiana company based in Brown County, Indiana, has allegedly used some photographs without authorization on their website, http://www.jeepersminiatures.com.

lautance B. Aiuppy v. Ufnowski Enterprises, LLC

Court Case Number: 1:13-cv-01647-SEB-TAB
File Date: Tuesday, October 15, 2013
Plaintiff: lautance B. Aiuppy
Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC
Defendant: Ufnowski Enterprises, LLC
Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction Pursuant to 17 USC 502, Attorneys Fees and Costs Pursuant to 17 USC 505
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker