Tag Archives: Richard L. Young

Concert Photographer Files 4 More Copyright Lawsuits over Violation of Creative Commons License

05 Wednesday Nov 2014

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

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Philpot returns. Plaintiff is a concert photographer who posted photographs to Wikimedia under a Creative Commons Attribution 2.0 Generic license. The defendants have all allegedly used Plaintiff’s photograph(s) on their respective websites without giving proper credit to Plaintiff. Plaintiff is representing himself in these lawsuits and has filed similar complaints previously (Related Cases).

Larry G. Philpot v. Catholic Family Center
Court Case Number: 1:14-cv-01788-TWP-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: Catholic Family Center
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. WKMS/Murray State University
Court Case Number: 1:14-cv-01789-SEB-DML
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WKMS/Murray State University
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Larry G. Philpot v. 420 Magazine, Inc.
Court Case Number: 1:14-cv-01790-RLY-MJD
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: 420 Magazine, Inc.
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

Larry G. Philpot v. WUIS/University of Illinois, Springfield
Court Case Number: 1:14-cv-01791-TWP-TAB
File Date: Friday, October 31, 2014
Plaintiff: Larry G. Philpot
Plaintiff Counsel: Larry G. Philpot – Pro Se
Defendant: WUIS/University of Illinois, Springfield
Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Tim A. Baker

Representative Complaint:

Indiana Trademark Litigation Update – Property Damage Appraisers v. John Mosley et al

17 Wednesday Sep 2014

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

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Property Damage Appraisers Inc. v. John Mosley et al

Court Case Number: 1:14-cv-01490-RLY-MJD
File Date: Friday, September 12, 2014
Plaintiff: Property Damage Appraisers Inc.
Plaintiff Counsel: Derek R. Molter of Ice Miller LLP
Defendant: John Mosley, Clinton Body Shop Inc.
Cause: Federal Unfair Competition, State Unfair Competition, Defamation, Tortious Interference with Business Relationships
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

18 Malibu Media/X-Art Copyright Lawsuits filed in Southern District of Indiana

13 Tuesday May 2014

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

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Plaintiff Malibu Media has filed 18 new BitTorrent copyright cases in the Southern District of Indiana on behalf of their client, “beautiful erotica”-provider X-Art. Each lawsuit is filed against a single John Doe with one claim of direct copyright infringement.

Malibu Media LLC v. John Doe subscriber assigned IP address 50.141.132.4
Court Case Number: 1:14-cv-00734-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.141.132.4
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.109.205
Court Case Number: 1:14-cv-00735-TWP-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.109.205
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.14.133.150
Court Case Number: 1:14-cv-00733-RLY-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.14.133.150
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 24.13.26.28
Court Case Number: 1:14-cv-00732-SEB-DML
File Date: Saturday, May 10, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 24.13.26.28
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.145.100
Court Case Number: 1:14-cv-00757
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.145.100
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.129.105
Court Case Number: 1:14-cv-00755-JMS-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.129.105
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.213.184.255
Court Case Number: 1:14-cv-00754-JMS-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.213.184.255
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.212.56.174
Court Case Number: 1:14-cv-00753-SEB-TAB
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.212.56.174
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Malibu Media LLC v. John Doe subscriber assigned IP address 68.51.71.237
Court Case Number: 1:14-cv-00752-SEB-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 68.51.71.237
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 67.163.85.215
Court Case Number: 1:14-cv-00740-TWP-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 67.163.85.215
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 50.165.234.83
Court Case Number: 1:14-cv-00739-WTL-DKL
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.165.234.83
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 50.151.212.213
Court Case Number: 1:14-cv-00738-SEB-MJD
File Date: Monday, May 12, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 50.151.212.213
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.168.90
Court Case Number: 1:14-cv-00763-TWP-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.168.90
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.253.11.177
Court Case Number: 1:14-cv-00762-SEB-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.253.11.177
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

Malibu Media LLC v. John Doe subscriber assigned IP address 98.228.104.170
Court Case Number: 1:14-cv-00761-JMS-DKL
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.228.104.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Denise K. LaRue

Malibu Media LLC v. John Doe subscriber assigned IP address 98.227.7.60
Court Case Number: 1:14-cv-00760-WTL-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.227.7.60
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.222.130.20
Court Case Number: 1:14-cv-00759-SEB-MJD
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.222.130.20
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Malibu Media LLC v. John Doe subscriber assigned IP address 98.220.54.186
Court Case Number: 1:14-cv-00758-JMS-DML
File Date: Tuesday, May 13, 2014
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe subscriber assigned IP address 98.220.54.186
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

Representative Complaint:

Indiana Trademark Litigation Update – Best Chairs Incorporated v. Factory Direct Wholesale

09 Friday May 2014

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

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Plaintiff, based in Ferdinand, Indiana, sells chairs and other furniture under the BEST CHAIRS trademark. Defendant is allegedly selling competing furniture products under the BESTCHAIR and BEST CHAIR marks. Despite multiple contacts from Plaintiff, Defendant has refused to refrain from selling under the allegedly infringing mark.

Best Chairs Incorporated v. Factory Direct Wholesale, LLC

Court Case Number: 3:14-cv-00067-RLY-WGH
File Date: Wednesday, May 07, 2014
Plaintiff: Best Chairs Incorporated
Plaintiff Counsel: Amy B. Berge of Bingham Greenebaum Doll LLP
Defendant: Factory Direct Wholesale, LLC
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Unfair Competition, False Advertising, False Designation of Origin, State Unfair Competition, Indiana Crime Victims Act
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Indiana Copyright Litigation Update – Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation

21 Monday Apr 2014

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

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Plaintiff is the owner of the copyright in a model of cultural competency titled “Cultural Competency in Healthcare Delivery: Have I ‘ASKED’ Myself the Right Questions?”. Defendants, teachers for Evansville Vanderburgh School Corporation, allegedly used a portion of Plaintiff’s model without permission in a PowerPoint presentation entitled “Culturally Competent Classroom Management” (see Exhibit C below).

The PowerPoint presentation was apparently part of New Teacher Orientation materials. While the Complaint doesn’t elaborate, it’s quite possible the Defendants’ use will qualify for a “fair use” exemption from copyright infringement. Copyright Act Section 107 specifically exempts uses of copyrighted works for, among other things, teaching and scholarship. Defendants’ Answer and/or Motion to Dismiss should provide more detailed information about their use of the Plaintiff’s copyrighted work. Stay tuned for updates.

Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation et al

Court Case Number: 3:14-cv-00056-RLY-WGH
File Date: Friday, April 18, 2014
Plaintiff: Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates
Plaintiff Counsel: Avonte D. Campinha-Bacote of Campinha-Bacote LLP
Defendant: Evansville Vanderburgh School Corporation, Dionne Blue, Deborah Hartz
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr.

Complaint:

Exhibit C: