Tag Archives: Copyright Infringement

Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

15 Sunday Aug 2010

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

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Indiana Copyright Litigation Update – Masterfile Corporation v. Kemp Title Agency

Masterfile strikes again.

Masterfile is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Masterfile’s images on their website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Update 1/6/11 – The parties have reached a settlement and filed a Stipulation of Dismissal (see below). The terms of the settlement are not public but each side has paid its own legal fees.

Related Case: Masterfile Corporation v. Mark Stein

Court Case Number: 1:10-cv-00997-JMS-TAB
File Date: Monday, August 09, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Kemp Title Agency, LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Tim A. Baker

Complaint:

Stipulation of Dismissal:

Indiana Copyright Litigation Update – Masterfile Corporation v. Mark Stein

30 Friday Jul 2010

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

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Masterfile Corporation v. Mark Stein

Plaintiff is a stock photography company which acquires and licenses images for commercial use. Defendant allegedly displayed Plaintiff’s images on his website without compensating Masterfile. Defendant was given an opportunity to enter into a retroactive licensing agreement but refused.

Court Case Number: 1:10-cv-00961-SEB-TAB
File Date: Thursday, July 29, 2010
Plaintiff: Masterfile Corporation
Plaintiff Counsel: Aaron M. Staser of Barnes & Thornburg LLP
Defendant: Mark Stein
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Indiana Copyright Litigation Update – Interactive Intelligence v. Advanced Information Systems

12 Monday Jul 2010

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

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Interactive Intelligence v. Advanced Information Systems

Defendant was a reseller of Plaintiff’s telephony software. After an alleged breach of contract, Defendant continued to use Plaintiff’s copyrighted software and trademarks. Please leave a comment if you’d like a full copy of the complaint.

Court Case Number: 1:10-cv-00842-TWP -TAB
File Date: Thursday, July 01, 2010
Plaintiff: Interactive Intelligence, Inc.
Plaintiff Counsel: Constance R. Lindman, Tami L. Napier of Overhauser & Lindman LLC
Defendant: Advanced Information Systems, Inc.
Cause: Breach of Contract, Federal Trademark Infringement, Federal Unfair Competition, Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Indiana Trademark Litigation Update – Coach Inc. v. Tom’s Treasure Chest

29 Tuesday Jun 2010

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

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Coach, Inc. et al v. Tom’s Treasure Chest

Coach makes handbags, wallets, etc. Defendant is accused of selling knockoffs from a retail store in Gary, Indiana. As you can see from the claims below, Coach has decided to throw the kitchen sink at Defendant.

Related case: Coach, Inc. et al v. Diggz Clothing LLC et al

Related case: Coach, Inc. et al v. TJ’s Handbags

Related case: Coach, Inc. et al v. Designer Fragrance & Gifts et al

Court Case Number: 2:10-cv-00243-PPS-PRC

File Date: Thursday, June 17, 2010

Plaintiff: Coach Inc., Coach Services Inc.

Plaintiff Counsel: Alejandro Valle of Gonzalez Saggio & Harlan LLP

Defendant: Tom’s Treasure Chest

Cause(s): 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: Indiana Northern District Court

Judge: Chief Judge Philip P. Simon

Referred To: Magistrate Judge Paul R. Cherry

Indiana Copyright Litigation Update – Saturday Evening Post Society v. Hungry Howie’s Pizza & Subs

15 Tuesday Jun 2010

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

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Indianapolis-based Curtis Publishing Co. has sued a Michigan-based chain of pizza restaurants for copyright infringement.

The suit, filed June 3 in federal court in Indianapolis, accused Hungry Howie’s Pizza & Subs Inc. of Madison Heights, Michigan, of infringing the copyright to a Saturday Evening Post cover first published in 1943. The cover, “Freedom from Want,” is by the late Norman Rockwell, and features the image of a family at a Thanksgiving dinner as a large roast turkey is being brought to the table.

Curtis accused the pizza chain of using the Rockwell painting in an “unauthorized, multistate advertising campaign, according to court papers. The ads, which began in November 2009, featured a “precise mimicry of the various nuances” of the Rockwell painting,” with the alteration of replacing the turkey with a pizza, Curtis said in its complaint.

Despite having been sent a cease-and-desist letter and “numerous other communications,” the pizza chain continued to use this advertisement throughout the 2009 winter holiday season, according to court papers.

The publisher is represented by Jonathan Faber, Kyle M. Baker and Cynthia A. Bedrick of McNeely Stephenson Thopy & Harrold of Shelbyville, Indiana.

The case is Saturday Evening Post Society Inc. v. Hungry Howie’s Pizza & Subs Inc., 1:10-cv-00680-LJM-DML, U.S. District Court, Southern District of Indiana (Indianapolis).

Source: Bloomberg Businessweek