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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Integrity of Copyright Management Information

Liebowitz files Photography Lawsuit in Northern District of Indiana

20 Wednesday Jan 2021

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

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Tags

Copyright Infringement, Integrity of Copyright Management Information, Jon E. DeGuilio, Michael G. Gotsch, Photography, Richard Liebowitz

Famous (infamous) plaintiff’s lawyer Richard Liebowitz has filed another copyright lawsuit in Indiana over the unauthorized use of a photograph of Murlough Bay in Northern Ireland. The photograph has been removed from the Defendant’s website, http://www.anglotopia.net, but the Defendant was apparently not willing to meet Liebowitz’s customary settlement demands and thus a lawsuit was filed.

With a Complaint filed, it’s usual for the Defendant in these cases to weigh the costs/benefits of proceeding and likely choose to settle for a slightly higher amount than pre-Complaint. However, we’ll keep a close eye on this lawsuit to see whether Defendant has a viable defense strategy or whether they are just biding time until the eventual settlement.

Murlough Bay, Northern Ireland

Scnhebelt v. Anglotopia, LLC

Court Case Number: 3:21-cv-00040-JD-MGG
File Date: January 18, 2021
Plaintiff: Stefan Schnebelt
Plaintiff Counsel: Richard Liebowitz of Liebowitz Law Firm, PLLC
Defendant: Anglotopia, LLC
Cause: Copyright Infringement, Integrity of Copyright Management Information
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G Gotsch, Sr.

Complaint:

View this document on Scribd

Copyright lawsuit filed over Chicago skyscraper photograph

20 Wednesday Mar 2019

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

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Copyright Infringement, Integrity of Copyright Management Information, Photography

Here’s yet another photography copyright lawsuit, this one involving the unauthorized reproduction and public display of a photograph of skyscrapers in Chicago.

The defendant, a corporation based in Fort Wayne, Indiana, allegedly used a  registered skyscraper photograph of plaintiff, an Oregon-based photographer, on their website without authorization.

Other than the RooR counterfeit bong cases, photography cases are the only ones being filed lately. Although I don’t expect anything unusual in this case, and predict a quick settlement, I’ll continue to monitor the lawsuit to see how it might differ from the multitudinous Bell cases.

Iwasaki v. Apollo Design Technology, Inc.

Court Case Number: 1:19-cv-00094
File Date: Monday, March 18, 2019
Plaintiff: Rich Iwasaki
Plaintiff Counsel: Richard Liebowitz of Liebowitz Law Firm, PLLC
Defendant: Apollo Design Technology, Inc.
Cause
: Copyright Infringement, Integrity of Copyright Management Information
Court: Northern District of Indiana
Judge: TBD
Referred To: TBD

Complaint:

View this document on Scribd

Counterfeit Bongs dominate the February Indiana IP Litigation Docket

01 Friday Mar 2019

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Southern District of Indiana, Trade Dress, Trademark

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Breach of Contract, Copyright Infringement, Federal False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Integrity of Copyright Management Information, Photography, Richard Bell, Trade Dress Infringement, Trademark Infringement, Unfair Competition

Two photography cases, including one from serial filer Richard Bell, and a breach of franchise agreement lawsuit…other than that, the February Indiana IP litigation docket was totally dominated by filings by RooR International. RooR’s defendants are Indiana smokeshops and their alleged sale of counterfeit bongs.

RooR markets itself as “the premier manufacturer of glass water pipes by emphasizing the brand’s unwavering use of quality materials and focusing on scientific principles which facilitate a superior smoking experience.”

As you can see from the screenshot below, RooR International has gone on a recent filing spree to combat the sale of counterfeit products:

Screen Shot 2019-03-01 at 9.18.39 AM.png

RooR’s defendants, small smoke and vape shops from across Indiana, are accused of Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal False Designation of Origin and Federal Unfair Competition. Heavy stuff.

Sample RooR Complaint

View this document on Scribd

The other non-bong, non-Bell cases involve the breach of a franchise agreement and the unauthorized use of a photograph of a New Year’s Eve fireworks display.

Baskin-Robbins Franchising LLC, BR IP Holder LLC v. Big Scoops, Inc., David M. Glasgow Jr.

View this document on Scribd

Bachner v. USA Halloween Planet Inc.

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