Tag Archives: Copyright Infringement

Indiana Copyright Litigation Update – Hining v. Gregg

18 Friday Feb 2011

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

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Mary E. Hining v. Rebecca L. Gregg

Copyright lawyers can be expensive so these litigants have both decided to represent themselves. Both parties operate an Etsy store, and Plaintiff alleges that Defendant has been selling infringing artwork (glass and ceramic designs).

Court Case Number: 1:11-cv-00261-TWP-DML
File Date: Friday, February 18, 2011
Plaintiff: Mary E. Hining
Plaintiff Counsel: Mary E. Hining – Pro Se
Defendant: Rebecca L. Gregg
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

MOTION FOR DEFAULT JUDGEMENT

Indiana Copyright Litigation Update – Stephane Dion v. Allwin Powersports Corp.

08 Tuesday Feb 2011

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

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Stephane Dion et al v. Allwin Powersports Corporation, Inc. et al

Conventions don’t just bring tourists. They bring lawsuits too!

Dion, a Canadian motorcycle helmet designer, is suing an Illinois corporation whose principal is a Chinese national…in the Southern District of Indiana. What brings this illustrious crowd to our fair Hoosier Halls of Justice? It’s all because of the upcoming Dealer Expo 11.

Plaintiff has filed a Motion for Preliminary Injunction (see below) to stop Defendant from selling allegedly infringing motorcycle helmets at the upcoming Powersports tradeshow from Feb. 18-20 in Indianapolis.

The two parties had previously operated under a royalty agreement but Defendant apparently stopped making payments in 2010.

There should be some fairly quick updates in this case so check back soon.

Court Case Number: 1:11-cv-00173-RLY-TAB
File Date: Friday, February 04, 2011
Plaintiff: Stephane Dion, 91934885 Quebec Inc. dba Dion Designs
Plaintiff Counsel: Joseph Peter Rompala, Todd Arthur Richardson of Lewis & Kappes
Defendant: Allwin Powersports Corporation, Inc.
Arthur Liao
MHR Helmet Co. Ltd.
Foshan Shunde Fengxing Helmets Ltd.
Jiangmen Pengcheng Helmets Ltd.
Cause: Violation of Lanham Act, Copyright Infringement, Misappropriation of Trade Secrets, Breach of Contract, Conversion, Unfair Competition, Declaratory Relief
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Tim A. Baker

COMPLAINT:

MOTION FOR PRELIMINARY INJUNCTION:

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION:

Indiana Copyright Litigation Update – Truth Publishing Company Inc. v. Kristopher C. Campbell

17 Monday Jan 2011

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

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Truth Publishing Company Inc. v. Kristopher C. Campbell

Plaintiff operates a daily newspaper called THE ELKHART TRUTH in Elkhart, Indiana. Defendant publishes a periodical called I.C.U. (Indiana Criminals Uncovered) MUG SHOTS. I.C.U. MUG SHOTS apparently copies news stories relating to crime and arrests directly from Plaintiff’s paper and sells the reprints for $1.50 a copy in Elkhart.

I can see why The Elkhart Truth would get tired of sending out its reporters to dig up info only to have another local paper photocopy their stories and republish. But, on some levels, isn’t Defendant doing a public service by helping spread information about criminals? Defendant certainly considered the copyright issues, as he included the following disclaimer:

“The information provided by Indiana Criminal Uncovered (ICU) Mugshots is of public record in accordance with Indiana Code 5-14-3-5. The information relates only to arrest, bookings, and preliminary charges. It does not address guilty pleas, convictions, or criminal sentences. All persons in this publication are innocent until provent guilty”

Whether the disclaimer can protect him will be determined by this lawsuit.

Defendant is running the old-school equivalent of a criminal law blog, which of course requires a little money for printing and distribution. Defendant is correct that mug shots and arrest records are public information. However, it appeared that Defendant copied the articles directly and distributed the reprints in the same geographic market, Elkhart.

While it’s likely that some people may not buy the Truth if they can get crime news from Defendant, there is apparently a wholly separate market of people who want crime stories but not the rest of the news content contained in a regular issue of the Truth. If so, Defendant may be able to continue to serve this audience, but will probably want to do more of his own fact-finding and reporting.

Court Case Number: 3:11-cv-00017-JD-CAN
File Date: Thursday, January 13, 2011
Plaintiff: Truth Publishing Company Inc.
Plaintiff Counsel: Steven M. Badger of Bose McKinney & Evans LLP
Defendant: Kristopher C. Campbell
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Christopher A. Nuechterlein

Indiana Trademark Litigation Update – Coach, Inc. v. Diggz Clothing

22 Wednesday Dec 2010

Posted by in Indiana, Litigation, Northern District of Indiana, Trademark

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Coach, Inc. et al v. Diggz Clothing LLC et al

Coach strikes again. Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Lafayette, Indiana. As always, Coach throws the kitchen sink at the Defendant.

Related case: Coach, Inc. et al v. TJ’s Handbags
Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al
Related case: Coach Inc. et al v. Tom’s Treasure Chest

Court Case Number: 4:10-cv-00100-JVB -PRC
File Date: Wednesday, December 15, 2010
Plaintiff: Coach, Inc., Coach Services, Inc.
Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP
Defendant: Diggz Clothing LLC, Lori Harth
Cause: Trademark Counterfeiting, Trademark Infringement, Trade Dress Infringement, False Designation of Origin and False Advertising, Trademark Dilution, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition, Forgery under Ind. Code 35-43-5-2(b), Counterfeiting under Ind. Code 35-43-5-2(a)
Court: Northern District of Indiana
Judge: Judge Joseph S. Van Bokkelen
Referred To: Magistrate Judge Paul R. Cherry

Indiana Copyright Litigation Update – BMI v. Shenanigans

01 Wednesday Dec 2010

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

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Broadcast Music Inc et al v. Shenanigans Inc et al

Defendant played 10 songs in his Anderson “Couples Only” establishment, Shenanigans, without a license from BMI, one of three main performance royalty organizations (along w/ ASCAP and SESAC). BMI claims to be caused “great” and “incalculable” damage. Actually, it’s probably about $0.25/song in the jukebox, but we know what they’re saying. While BMI seems like a cranky giant, it’s actually doing this on behalf of all of the artists it represents. Otherwise, nobody collects money and artists have to bring these lawsuits themselves.

Here are the songs allegedly infringed (listen to FULL PLAYLIST):

  1. Gimme Three Steps – Lynryd Skynyrd
  2. Hard to Handle – Black Crowes
  3. Inside Out – Eve 6
  4. Old Time Rock and Roll – Bob Seger
  5. Rocky Mountain Way – Joe Walsh
  6. Simple Man – Lynyrd Skynyrd
  7. Cumbersome – Seven Mary Three
  8. I Love This Bar – Toby Keith
  9. Linus and Lucy – Vince Guaraldi
  10. Bleed it Out – Linkin Park

Leave a comment or send an email if you’d like a full copy of the Complaint.

Court Case Number: 2:10-cv-00458-TLS -APR
File Date: Tuesday, November 16, 2010
Plaintiff: Broadcast Music Inc
Songs of Universal Inc
EMI Virgin Songs Inc
Rondor Music International Inc
Less Than Zero Music
Southfield Road Music
Fake and Jaded Music
Muscle Shoals Sound Publishing Co
PeerMusic III Ltd
Barn-Storm Music Inc
Belkin Music
EMI Blackwood Music Inc
Seven Mary Three Music
Sony/ATV Songs LLC
Big Yellow Dog LLC
Tokeco Tunes
Lee Mendelson Film Productions Inc
Universal Music-Z Tunes LLC
Chesterchaz Publishing
Rob Bourdon Music
Nondisclosure Agreement Music
Big Bad Mr Hahn Music
Kenji Kobayashi Music
Plaintiff Counsel: Christopher S. Riley of Barnes & Thornburg LLP
Defendant: Shenanigans Inc, Matthew Kelly
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Theresa L. Springmann
Referred To: Magistrate Judge Andrew P. Rodovich