Tag Archives: Kellie M. Barr

Photography Copyright Lawsuit filed against Indiana Hardwood Grower

14 Tuesday Nov 2023

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

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Here’s yet another photography lawsuit where a company is alleged to have used a photograph without authorization. The defendant this time is a Deputy, Indiana grower/manufacturer of Indiana hardwood products.

All companies should immediately prioritize reviewing their website to confirm ownership, approval, or other legal authority (e.g. fair use) for EVERY photograph. Otherwise, AI image searches will eventually find the unauthorized use and a copyright lawsuit will always be just around the corner. Using Google Images to find photographs for a website is never a good idea.

Stross v. Homestead Properties, Inc.

Court Case Number: 4:23-cv-00183-TWP-KMB
File Date: November 9, 2023
Plaintiff: Alexander Bayonne Stross
Plaintiff Counsel: J. Campbell Miller of SRIPLAW, P.A.
Defendant: Homestead Properties, Inc. dba Tiny Timbers
Cause: Copyright Infringement, Removal of Copyright Management Information
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Kellie M. Barr

Complaint:

Andretti Global sued in Indiana Federal Court by Design-Builder of New Fishers Headquarters

20 Tuesday Jun 2023

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

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This lawsuit involves the design and construction of a new headquarters for Andretti Global in Fishers, Indiana. The Plaintiff is a construction company that had been contracted to design and build the new facility. The Complaint (below) details how the business relationship went downhill pretty much from the onset, starting with late payments. The contract was terminated for cause in April 7, 2023. The Plaintiff disputes the stated grounds for termination. Construction on the facility has now been halted, presumably pending the outcome of this litigation or the related mediation.

The lawsuit includes a claim for copyright infringement due to the Defendants’ alleged post-termination use of the Plaintiff’s architectural designs. However, the Complaint does not state whether the architectural designs are registered with the U.S. Copyright Office, which is mandatory for a federal copyright lawsuit, so the copyright claim may be subject to a 12(b) motion.

The Complaint quotes one of the Defendants’ representatives as saying “If you want to go to war with a bunch of international billionaires, we’ll bury you.” The Plaintiff apparently has not been deterred by the threat of “war,” filing this lawsuit to insist that the “international billionaires” pay up the ~$1 million allegedly owed at the time of termination.

The lawsuit was originally filed in Hamilton County Court on May 24, 2023 and removed to the Southern District of Indiana on June 19, 2023. Stay tuned for updates.

DCG Indiana, Inc. v. Cardinal XLIII, LLC et al.

Court Case Number: 1:23-cv-01058-MPB-KMB
File Date: June 19, 2023
Plaintiff: DGC Indiana, Inc. d/b/a Dillon Construction Group a/k/a/ Dillon Construction a/k/a DCG Construction
Plaintiff Counsel: J. Michael Cavosie, J. Greg Easter, Elizabeth S. Schmitt, Katelyn Klingler of EASTER & CAVOSIE
Defendant: Cardinal XLIII, LLC, Motorsport Real Estate Ventures, LLC d/b/a Andretti Motorsports; Studio M Architecture and Planning, LLC, Gradex, Inc., Glenmark Construction Company, Inc.
Cause: Breach of Contract, Fraudulent Transfer, Copyright Infringement, Lien Foreclosure
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Kellie M. Barr

Complaint:

USA Football sues USA Flag for Trademark Infringement

16 Thursday Feb 2023

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

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USA Football organizes football training events for players, coaches, and officials. USA Football was endowed by the National Football League and the National Football League Players Association in 2002.

USA Football has filed a lawsuit in Indiana attempting to prevent the use of the mark USA FLAG in connection with flag football tournaments and leagues. The parties to the lawsuit have a lengthy history, with Defendant Burnett first approaching USA Football in 2017 about a potential collaboration. Over the following years, the relationship involved both a Consulting Agreement and an Event Collaboration Agreement between the parties. However, per the Complaint (below), USA Football always maintained that the USA FLAG mark could not be used, previously opposing a USA FLAG trademark application.

Unable to successfully persuade/convince USA Flag to stop using an allegedly confusingly similar trademark, USA Football now seeks court intervention, including requests for injunctive relief and attorneys’ fees. As USA Flag seems dug into its position, this lawsuit could get interesting. USA Flag previously chose not to defend in the trademark opposition proceeding, resulting in a notice of default. Surely USA Flag won’t attempt that same strategy in federal court. Stay tuned for updates.

USA Football, Inc. v. Flag Football World Championship Tour, LLC et al.

Court Case Number: 1:23-cv-00274-TWP-KMB
File Date: February 13, 2023
Plaintiff: USA Football, Inc.
Plaintiff Counsel: Amie N. Peele of Peele Law Group, PC; Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendants: Flag Football World Championship Tour, LLC, USA Flag, LLC, Travis Burnett
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement, Contributory Trademark Infringement, Vicarious Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Kellie M. Barr

Complaint: