District of Massachusetts IP Blog

Health Information Name Spat Hits the Courts

American HealthTech, Inc. (Ridgeland, MS) has sued individuals in Massachusetts and New Hampshire for infringement of the trademark AMERICAN HEALTHTECH for computer programs.  Defendants operate an information technology business using the <healthtechlink.com> domain and the mark HealthTech. 

American HealthTech, Inc. v. Gurganious, 12-10716-RWZ (D. Mass. Apr. 23, 2012)

MetroWest Computer Store Suffers Microsoft’s Wrath

Microsoft Corp. (Redmond, WA) has sued PCExchange.net, Inc. (Framingham, MA) and its owner for copyright and trademark infringement.  The complaint alleges that the defendants have sold and installed unauthorized copies of Microsoft’s software. 

Microsoft Corp. v. PCExchange.net, Inc., 12-10685-RWZ (Apr. 18, 2012)

Toy Ripoffs Lead to Suit

An individual sculptor and inventor residing in New York City has sued Quill Corp. (Spartanburg, SC) for copyright, trademark, and trade dress infringement stemming from defendants alleged sales of counterfeit versions of plaintiff’s FLIGHT RING toy. 

Hoberman v. Quill Corp., 12-10672-RWZ (D. Mass. Apr. 13, 2012)

Former Environmental Executive Sued

BGI, Inc. (Waltham, MA) sued its former president for misappropriation of trade secrets, breach of fiduciary duty, and other counts related to the president’s alleged taking BGI’s secrets to his own company. 

BGI, Inc. v. Merrifield, 12-10658-RWZ (D. Mass. Apr. 12, 2012)

Judge Zobel Named in Fishy Pro-Se Trademark Case

So here’s a first for me.  A federal judge has been named as a defendant in a pro-se trademark infringement case.  The plaintiff asserts that a number of corporations, attorneys, and yes, Judge Zobel, infringe his SEAFOOD TEMPTATIONS trademark.  While some specific allegations are made against the corporate defendants, the complaint doesn’t explain what the named attorneys or Judge Zobel are supposed to have done.  Which is a shame because I’d love to hear it. 

Fraser v. Gortons, Inc., 12-10479-DPW (D. Mass. Mar. 14, 2012)

Stop Sign On Blue Rectangles

Keds, LLC (Lexington, MA) and its licensor have sued several competitors for trademark infringement relating to a blue rectangle placed at the heel of footwear.  Because the mark has been registered since 1959, Keds even throws in a cite to a 1989 First Circuit case calling the mark strong and incontestable.  So there. 

Keds, LLC v. Four Star Distribution, 11-12217-RWZ (D. Mass. Dec. 14, 2011)

Keds, LLC v. One-Distribution Company, LLC, 11-12219-RWZ (D. Mass. Dec. 14, 2011)

Keds, LLC v. Vans, Inc., 11-12222-RWZ (D. Mass. Dec. 14, 2011)

It’s Pixie Versus Fairy In All-Out Binky Warfare

Ok, this one is worth a read for all you parents of youngsters.  In a suit between Massachusetts co-authors, a psychic, radio host, and frequent foster mother has sued one of her former clients of running off with book material the two co-authored about helping young children give up pacifiers, toilet train, etc.  The verified complaint alleges that the original work (entitled The Binky Fairy) was co-opted by the defendants and published as The Paci Pixie which included some illustrations that were withheld from plaintiffs years before.  Other works were similarly purloined when The Potty Fairy became The Potty Pixie, The Bedtime Fairy became The Bedtime Pixie, and, well, you get the idea.  The complaint alleges copyright infringement, Lanham Act violations, breach of contract, conversion, etc.  Second star to the right, and straight on ‘til morning. 

Fix v. Hajjar, 11-12184-RWZ (D. Mass. Dec. 12, 2011)

Publicist No Longer Loves Edgartown Library

Holiday Public Relations & Events, LLC (Houston, TX) has sued The Edgartown Library Foundation (Edgartown, MA) and three individuals for copyright and trademark infringement.  In 2009 the plaintiff created a logo and slogan FRANKLY WE (HEART) OUR LIBRARY.  In the same year plaintiff began consulting for the defendant.  It is unclear whether the mark was created specifically for the defendant.  After the relationship between the parties ended, the defendant continued using the slogan and had new logos with the slogan made when it couldn’t get access to the original logos.  Plaintiff was less than pleased. 

Holiday Public Relations & Events, LLC v. The Edgartown Library Found., Inc., 11-12136-RWZ (D. Mass. Dec. 2, 2011)

Nuance Buys Longtime Opponent Vlingo

Following years of intense patent litigation / "all out war", former competitors Nuance and Vlingo have joined sides following Nuance's recent purchase of Vlingo.  Given the protracted litigation and Vlingo's recent jury trial victory over Nuance, I wonder what the difference is in purchase price between now and what might have been several years ago.

While this can be taken as a victory for both sides, the real winner is Judge Zobel and the federal courts, who no longer have to deal with these two being at each other's throats. 

Belmont Electricians Accused of Trademark Infringement

Clockwork, Inc. (Sarasota, FL) and a consortium of related companies have sued H.O. Electric (Belmont, MA) for infringement of the trademarks AMERICA’S ON-TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS, and WAREHOUSE ON WHEELS for repair, maintenance, and installation services. 

Clockwork, Inc. v. H.O. Electric, 11-11505-RWZ (D. Mass. Aug. 24, 2011)