Tag Archives: Vicarious Copyright Infringement

Second Defendant in Gestalt Therapy Lawsuit Transfers Venue to Indiana

14 Wednesday Jun 2023

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

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This lawsuit was transferred in from the Eastern District of Pennsylvania on motion from an individual defendant. It is related to Gestalt Therapy manuscript lawsuit transferred in earlier this year.

The Center for Gestalt Development, Inc. v. Robine et al

Court Case Number:  1:23-cv-01027-JMS-MKK
File Date: June 13, 2023
Plaintiff: The Center for Gestalt Development, Inc.
Defendant: Charles Bowman, Jean-Marie Robine, Institut Francais de Gestalt-Therapie
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: M.Kendra Klump

Knockoff Chinese Jewelry prompts Indiana Copyright Lawsuit

12 Wednesday Apr 2023

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

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An Indiana copyright lawsuit has been filed by Taylor Shaye Designs, a jewelry designer and retailer/wholesaler from Louisiana.

The defendant, located in Whitestown, Indiana, is the apparent U.S. sales and distribution arm of the global Shein conglomerate, a Chinese online fast fashion retailer that is known for selling inexpensive apparel, jewelry, and other accessories.

The defendant is accused of copying the plaintiff’s registered “Let’s Go Girls” jewelry design.

The standard for determining whether the reproduction right in a copyrighted work has been infringed is “substantial similarity.” Blog readers can judge for themselves whether the above designs have substantial similarity. Hopefully the lawsuit will see an argument that the designs are not substantially similar but I anticipate either a jurisdictional challenge or a discrete settlement as the most likely outcomes. Either way, stay tuned to this blog for updates.

Taylor Shaye Designs LLC v. Shein Distribution Corp.

Court Case Number: 1:23-cv-00624-SEB-TAB
File Date: April 11, 2023
Plaintiff: Taylor Shaye Designs LLC
Plaintiff Counsel: Bradley M. Stohry of Reichel Story Dean LLP
Defendant: Shein Distribution Corp.
Cause: Direct Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Tim A. Baker

Complaint:

Center for Gestalt Development sues Indiana Resident for Publication of Gestalt Therapy Manuscripts

15 Tuesday Nov 2022

Posted by in Intellectual Property

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The named defendant in this copyright lawsuit is accused of publishing previously unpublished manuscripts of Frederick Perls, a psychiatrist who developed Gestalt therapy, an influential form of psychotherapy. The plaintiff is the Center of Gestalt Development, who claim ownership of the manuscripts.

The named defendant, an Indiana resident, successfully challenged jurisdiction and venue in the Eastern District of Pennsylvania, so the lawsuit was refiled against him in Indiana. There are two other French defendants and the plaintiff is seeking to consolidate the cases in Indiana.

Stay tuned for updates.

The Center for Gestalt Development, Inc. v. Bowman

Court Case Number: 1:22-cv-02185-JMS-MG
File Date: November 9, 2022
Plaintiff: The Center for Gestalt Development, Inc.
Plaintiff Counsel: George A. Gasper, Brian Cavanaugh of Ice Miller LLP
Defendant: Charles Bowman
Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mario Garcia

Complaint:

Cute/Horrifying Baby Teeth Photograph Leads to Copyright Infringement Lawsuit

26 Monday Jul 2021

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

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The Plaintiff in this copyright lawsuit is an infant photographer who uses photo editing software to add teeth to her infant subjects. Depending on your aesthetic tastes, the resulting photographs range somewhere between cute and horrifying.

The Defendant sells teeth whitening and oral care products and allegedly used one of the Plaintiff’s photographs in a Facebook advertisement in August 2019. The photograph was altered to whiten the teeth and remove the Plaintiff’s watermark. The advertisement (below) included a link to the Defendant’s website and a “Shop Now” button.

It’s hard to see this lawsuit going very far; it’s slightly ridiculous it had to be filed at all. This situation seems like it would be a perfect fit for a small claims copyright court. Hopefully the parties can soon find an amicable resolution, like an appropriate license fee, for the (possibly) 4one-time use of Plaintiff’s photograph. If the Defendant somehow determines it would make more sense to litigate, we might see them challenge jurisdiction in Indiana.

Stay tuned for updates.

Haehl v. Dr. Brite, LLC

Case Number: 1:21-cv-02072-JPH-MJD
File Date: Wednesday, July 21, 2021
Plaintiff: Amy Haehl
Plaintiff Counsel: Bradley M. Stohry of Reichel Stohry Dean LLP
Defendant: Dr. Brite, LLC
Cause: Direct Copyright Infringement, Vicarious Copyright Infringement, Removal or Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mark J. Dinsmore

Complaint:

Jewelry Designer sues for copyright infringement of Hearty Love Pendant Design

23 Wednesday May 2018

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

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This copyright infringement action involves a copyrighted jewelry design, specifically Plaintiff’s “Hearty Love” Design and the associated “Heartlines Love Pendant.”

The parties have several years of history working together, as detailed in the Complaint (below). While Plaintiff was working with Defendant Droste, a jeweler, to create her Heartlines Love Pendant, Droste allegedly took her design and had it made by Defendant Shah, a jewelry manufacturer. The Defendants’ allegedly infringing design is now widely sold.

Corlinea, LLC v. Drostes Jewelry Shoppe et al.

Court Case Number: 3:18-cv-00099-RLY-MPB
File Date: Tuesday, May 22, 2018
Plaintiff: Corlinea, LLC
Plaintiff Counsel: C. Richard Martin of Martin IP Law Group, PC
Defendant: Drostes Jewelry Shoppe Inc., Shah Diamonds, Inc. d/b/a Shah Luxury
Cause: Federal Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: