• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Declaratory Judgment of Copyright Ownership

AV Intern sues Kilroy’s Sports for Non-Payment of Wages, Copyright Infringement

09 Tuesday Aug 2022

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

≈ Leave a comment

Tags

Breach of Contract, Copyright Infringement, Debra McVicker Lynch, Declaratory Judgment of Copyright Ownership, Fraud, Promissory Estoppel, Sarah Evans Barker, Unjust Enrichment, Violation of the Wage Payment Act

A popular college bar in Bloomington, Indiana is accused of non-payment of $12,000 to an intern who had been creating content for their social media accounts. The Complaint (below) details several months of promised, delayed, and ultimately unrealized paychecks.

The Complaint includes claims for declaratory judgment of copyright ownership and copyright infringement, but I assume that the intern is less interested in ownership of the bar’s social media content and more interested in getting paid for months of labor. The specific works alleged to have been infringed are not identified in the Complaint and there is no mention of registration of any works, a prerequisite for a copyright infringement claim, so the copyright claims could be vulnerable to challenge. As jurisdiction for the lawsuit is based on the copyright and declaratory judgment of copyright ownership claims, we might see an early battle over jurisdiction.

Ideally, the intern will just get paid what he is owed before lawyers for both sides get deep into researching and drafting motions. Stay tuned for updates.

Schwartz v. Kilroy’s North America, LLC et al

Case Number: 1:22-cv-01563-SEB-DML
File Date: August 5, 2022
Plaintiff: Elijah Schwartz
Plaintiff Counsel: Kimberly D. Jeselskis, B.J. Brinkerhoff, Hannah Kaufman Joseph of Jeselskis Kaufman and Joseph, LLC
Defendant: Kilroy’s North America, LLC, Kilroy’s Sports, LLC, Kilroy’s on Kirkwood, LLC
Cause: Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Categories

  • Artists (21)
  • Authors (19)
  • Bloggers (36)
  • Branding (27)
  • Business Law (8)
  • Copyright (289)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (33)
  • Indiana (539)
  • Indianapolis (45)
  • Intellectual Property (595)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (531)
  • Musicians (12)
  • Nonprofit (5)
  • Northern District of Indiana (179)
  • Patent (43)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (55)
  • Southern District of Indiana (321)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (24)
  • Trade Secret (15)
  • Trademark (319)
  • 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.

  • Follow Following
    • Indiana Intellectual Property Blog
    • Join 75 other followers
    • Already have a WordPress.com account? Log in now.
    • Indiana Intellectual Property Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...