• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Photography

Indiana Copyright Litigation Update – Bell v. Find Tickets

20 Saturday Jun 2015

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

≈ Leave a comment

Tags

Copyright Infringement, Jane Magnus-Stinson, Litigation Update, Mark J. Dinsmore, Photography, Richard Bell, Unfair Competition

Richard Bell is once again alleging copyright infringement for unauthorized use of a photograph of the downtown Indianapolis skyline. This complaint is nearly identical to complaints he has previously filed. In some of those cases, the court has awarded Mr. Bell statutory damages of $2,500. However, the ruling in each of those cases was a default judgment because the defendants failed to answer and defend the allegations. On multiple occasions the court has granted the defendant’s motion to dismiss for failure to state a claim. District Judge Tanya Pratt has, on multiple occasions, called out Mr. Bell for improper practice:

In his pleadings, Mr. Bell has alleged, but has not shown, that he is entitled to relief. His complaint contains formulaic labels and conclusions, but not facts. For example, the complaint under his copyright claim generically alleges that all-originally, twenty-two in total-Defendants: downloaded the Indianapolis Photo; willfully, recklessly, and falsely claimed that it owned the copyright to the photograph; published the photograph for commercial use; engaged in unfair trade practices and competition; and willfully engaged in these acts with oppression, fraud, and malice. . . . While providing specific facts is not necessary in a complaint, Mr. Bell is required to do more than recite legal conclusions of conduct with generic applicability to various defendants. . . . Legal conclusions are not afforded the assumption of truth. . . . [T]he Court will not afford the assumption of truth to the legal conclusions in Mr. Bell’s complaint. Neither does the Court find any factual allegations that are not legal conclusions, which could entitle him to relief and satisfy the standard of review.

Bell v. McCann, No. 1:13-CV-00799-TWP, 2014 WL 900961, at *2 (S.D. Ind. Mar. 7, 2014)

When looking to Mr. Bell’s motivation for filing this action, the Court finds that Mr. Bell’s motivation is questionable. Mr. Bell has filed a multiplicity of suits in this Court, each involving the same or similar infringement allegations. In many of these copyright infringement suits, Mr. Bell has improperly joined several defendants, thereby saving him extensive filing fees. In this case alone, Mr. Bell sued forty-seven defendants and then quickly offered settlements to defendants who were unwilling to pay for a legal defense. In some of Mr. Bell’s lawsuits, the district court determined that the improperly joined defendants should be severed, and severance was granted. Further, in this case, Mr. Bell lacked any evidentiary support for his claims against Mr. Lantz. The Court is persuaded by Mr. Lantz’s argument that the motivation of Mr. Bell in filing this action appears to be an attempt to extract quick, small settlements from many defendants instead of using the judicial process to protect his copyright against legitimate infringing actors. . . . In this case, Mr. Lantz took a stand against a plaintiff who was using his knowledge and status as a practicing attorney to file meritless suits and to attempt to outmaneuver the legal system.

Bell v. Lantz, No. 1:13-CV-00035-TWP, 2015 WL 3604174, at *2 & *3 (S.D. Ind. June 8, 2015)

After a cursory search, it appears that Mr. Bell has been awarded statutory damages of $40,000 ($2,500 x 16) from default judgments. In Bell v. Lantz, quoted above, Mr. Bell had to pay Mr. Lantz’s attorney’s fees, totaling $33,974.65.

Richard N. Bell v. Find Tickets, LLC

Court Case Number: 1:15-cv-00973-JMS-MJD
File Date: Friday, June 19, 2015
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Find Tickets, LLC
Cause: Copyright Infringement and Unfair Competition
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore

View this document on Scribd

Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

08 Tuesday Apr 2014

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

≈ Leave a comment

Tags

Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Sarah Evans Barker, Theft, Unfair Competition

INDY SKYLINEThe Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.

Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.

Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:

Richard N. Bell v. Mark Arruda

Bell v. Indy Cleaning Pros

Richard N. Bell v. Greg Bayers LLC et al.

Richard N. Bell v. Jerry Gordon et al.

Richard Bell v. Cameron Taylor et al.

Richard N. Bell v. Diversified Vehicle Services et al

Court Case Number: 1:14-cv-00525
File Date: Monday, April 07, 2014
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell – Pro Se
Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds
Cause: Copyright Infringement, Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd

Indiana Copyright Litigation Update – Richard N. Bell v. Mark Arruda

16 Thursday May 2013

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

≈ Leave a comment

Tags

Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Tanya Walton Pratt, Theft, Unfair Competition

Richard N. Bell v. Mark Arruda et al

Court Case Number: 1:13-cv-00800-TWP-DKL
File Date: Wednesday, May 15, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Cameron Tayler, Taylor Computer Systems, Insurance Concepts, Fred O’Brien, Indy Cleaning Pros, James Allen, Karen Allen, ForeclosureWarehouse.com, Inc., Shanna Cheatam, AILS, MAXXCLEAN LLC, HomeRoute, Infored Media, LLC, Redouane Chioua, American Auto Transport, National Communications Company, LLC, AboNet, Cities Online, Shelly Rupel, Ben McCann, Neil Cox, Mark Arruda
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd

Indiana Copyright Litigation Update – Richard N. Bell v. Jerry Gordon et al.

09 Wednesday Jan 2013

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

≈ Leave a comment

Tags

Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Tanya Walton Pratt, Theft, Unfair Competition

Richard N. Bell v. JERRY GORDON et al

Court Case Number: 1:13-cv-00035-TWP-DKL
File Date: Tuesday, January 08, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: JERRY GORDON, DEMAND MEDIA, INC., ROYAL CORNICHE TRAVEL LTD., BRYCE WELKER, EXPERIENCE CREDIT UNIONS, LLC, JACLOTHING.COM, GLACIER INTERNATIONAL, ABNHOTELS.COM, 1&1 INTERNET, INC., CONDE NAST DIGITAL, FLIXSTER INC, FINANCING-USA.COM, SODAHEAD, INC., NUMEDIA MARKETING, INC., JYNELL BERKSHIRE, TSVETAN PETROV, LOS PENTECOSTALES DEL AREA DE LA BAHIA, 10BEST, INC., KEYES OUTDOOR ADVERTISING, ZOOM COMMUNICATIONS INC., CHRISTINE NEVOGT, ZARZAR, INC., HYDRO-GEAR, TAM T DANG, LON DUNN, TRUSTEE WILLIAM MCLAWS, NATL-ELECTRONIC RESIDENTIAL PAYMT HISTORY RECORDING AGENCY, CVI, CONSTANT CONTACT, INC., CHARLES LANTZ, SCHUMACHER CARGO LOGISTICS, EVENTBRITE, INC., CELEBRITY ENTERTAINMENT CORP, ASSOCIATION OF EQUIPMENT MANUFACTURERS, YARDI SYSTEMS INC, DIAMONDINDYLIMO.COM, MARCELO SANTOS, NATIONAL RURAL RECRUITMENT & RETENTION NETWORK, ANBRITT STENGELE, PINNACLE SPORTS EQUIPMENT, INC., MARYGROVE COLLEGE, RUNANYCITY.COM, BUZZLE.COM, INC., CHARLES ONUSKA, UNIVERSITY OF INDIANAPOLIS, PERSEPHONEMAGAZINE.COM
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd
View this document on Scribd

Indiana Copyright Litigation Update – Richard N. Bell v. Greg Bayers LLC et al.

05 Saturday Jan 2013

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

≈ Leave a comment

Tags

Copyright Infringement, Denise K. LaRue, Litigation Update, Photography, Richard Bell, Tanya Walton Pratt, Theft, Unfair Competition

Richard N. Bell v. Greg Bayers LLC et al

Court Case Number: 1:13-cv-00012-TWP-DKL
File Date: Friday, January 04, 2013
Plaintiff: Richard N. Bell
Plaintiff Counsel: Richard N. Bell of Bell Law Firm
Defendant: Greg Bayers LLC, Leppart Associates, Crazy-Frankenstein.com, Hometown Rentals, Frank Kirchner, Brent Bythewood, Pixmule.com, InternMatch, Team Champion, ElectraProducts, Alex Bruni, Mark Groff, Greatimes Family Fun Park, Peter Brzycki, Tom Kelly, Relociti.net, Gerberbabycontest.net, Merchantcircle Inc., Amber Russell, WSBT Inc., Delia Askew, Intercontinental Industries, The Friedman Foundation for Educational Choice, Linen Finder Inc., Radio One of Indiana
Cause: Copyright Infringement and Unfair Competition, Theft
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd
View this document on Scribd
← Older posts
Newer posts →

Categories

  • Advertising Law (1)
  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (332)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (14)
  • Estate Law (2)
  • Family Law (2)
  • Fashion (5)
  • Federal Initiatives (34)
  • Indiana (608)
  • Indianapolis (52)
  • Intellectual Property (671)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (602)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (217)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (371)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (369)
  • 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.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog
    Join 81 other subscribers

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar
Loading Comments...