District of Massachusetts IP Blog

New BitTorrent Case Filed

A bunch of California adult film production companies have sued a number of anonymous defendants by their IP addresses for copyright infringement stemming from purported unauthorized BitTorrent downloads of pornographic films.  These cases are gaining in popularity in this district after being widely tried in other districts across the country.  All the cases below have the same plaintiff’s counsel.

Prosthetic Limb Manufacturer Sued

iWalk (Bedford, MA) and MIT have sued Össuer HF (Reykjavik, Iceland) and its U.S. affiliate for infringement of Patent No. 5,650,704 directed to an elastic actuator.  Össuer’s prosthetic knee (called the POWER KNEE) is specifically accused.

iWalk, Inc. v. Össuer HF, 12-10796-NMG (D. Mass. May 3, 2012)

Patents Asserted Against Chinese Plasma Cutting Systems

Hypertherm, Inc. (Hanover, NH) has sued Shenzen River Trading Co., Ltd. (Guangzhou, China) for infringement of Patent Nos. 8,115,136, 7,989,727 and 6,207,923 directed to plasma cutting systems.

Hypertherm, Inc. v. Shenzen River Trading Co., Ltd., 12-10798-GAO (D. Mass. May 3, 2012)

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)

Excellence of Phone Cards Disputed

Nobelcom, LLC (Carlsbad, CA) has sued Millenium Tele Card, LLC (Clifton, NJ) for trademark infringement.  Plaintiff sells prepaid phone cards using the mark XCELENTE.  Defendant sells phone cards with the mark EXCELLENT. 

Nobelcom, LLC v. Millenium Tele Card, LLC, 12-10688-NMG (D. Mass. 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)

AAA Ticked Off at Hotel

American Automobile Association (Heathrow, FL) has sued 1261 Bass River Realty, LLC (North Easton, MA) for trademark infringement of plaintiff’s AAA mark.  The complaint alleges that a hotel owned and operated by the defendant uses the marks without permission to create a wrongful sense of affiliation between the hotel and the plaintiff. 

American Automobile Association v. 1261 Bass River Realty, LLC, 12-10641-MBB (D. Mass. Apr. 10, 2012)

Fine Wine Yields A Fine Mess

Fine Estates From Spain, Inc. (Dedham, MA) has sued Sedition Wine Imports, LLC (Fairfield, CT) and others for trademark infringement of defendants’ use of the mark BOTANICA on wine, which the plaintiff alleges is confusingly similar to its registered mark BOTANI, also for wine. 

Fine Estates From Spain, Inc. v. Sedition Wine Imports, LLC, 12-10618-NMG (D. Mass. Apr. 6, 2012)