District of Massachusetts IP Blog

Photographer Sues Citysearch

In a pro-se complaint, a Boston resident accuses the operator of CitySearch of copyright infringement related to unauthorized use of plaintiff’s photograph on multiple websites.  A similar complaint was filed by the same photographer against a local real estate website. 

Rogers v. Citygrid Media, LLC, 11-12243-NMG (D. Mass. Dec. 16, 2011)

Comcast Points the Finger

Adult film distributor West Coast Productions, Inc. (an unnamed city in CA) has sued a number of individuals for copyright infringement related to unauthorized movie downloading using BitTorrent.  The individuals were identified through IP addresses which were then linked to accounts through Comcast.  I sense some teenagers are in serious trouble. 

West Coast Productions, Inc. v. Craven, 12-10215-WGY (D. Mass. Feb. 3, 2012)

West Coast Productions, Inc. v. Duffany, 12-10218-WGY (D. Mass. Feb. 3, 2012)

West Coast Productions, Inc. v. Eldredge, 12-10221-WGY (D. Mass. Feb. 3, 2012)

West Coast Productions, Inc. v. McDonagh, 12-10222-WGY (D. Mass. Feb. 3, 2012)

West Coast Productions, Inc. v. Nadeau, 12-10223-WGY (D. Mass. Feb. 3, 2012)

BET Sued By Spurned Photog

A Boston photographer is suing Black Entertainment Television, LLC (Washington, DC) for copyright infringement relating to use of photographs which the complaint alleges BET never paid for. 

Friedman v. Black Entertainment Television, LLC, 11-12208-PBS (D. Mass. Dec. 13, 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)

Veterinary Intrigue Results In Omnibus Lawsuit

A Massachusetts veterinarian and her not-for-profit Homecoming Farm, Inc. (Brockton, MA) have sued a number of other veterinarians and veterinary organizations for infringement of the trademark AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION.  Plaintiff claims use back to 1996 (and also claims a 2005 registration, but lists the serial, not registration, number).  One of the defendant organizations, with the exact same name, was founded in 2011.  Also alleged is that one of the defendants infringed plaintiff’s copyrights in various veterinary texts and a host of other defamation-type claims.  

But what the dispute is really about is the plaintiff being abruptly barred from the organization she started, based on purportedly false claims from former clients, and the bad blood that has been simmering since.  The complaint is long, but if you want to read it, the juicy parts start around page 22.  Oh, and the plaintiff is represented by someone who is probably a relative, given their same last names.

Lyons v. Gillette, 11-12192-WGY (D. Mass. Dec. 12, 2011)

Expanded Software Use Leads to Copyright Infringement Claim

Columbia Data Products (Altamonte Springs, FL) has sued Autonomy Corporation (UK and CA) and others for copyright infringement, breach of contract, and other claims stemming from a dispute over a license to software for backing up open files.  The complaint alleges that Iron Mountain and its successor Autonomy, breached the license agreement by using the software beyond the contractual terms, resulting in copyright infringement.  Also, the complaint alleges that the defendants think $163k is owed under the license but the plaintiffs think $23M is owed.       

Columbia Data Prods., Inc. v. Autonomy Corporation PLC, 11-12077-NMG (D. Mass. Nov. 23, 2011)

Author Defriends Facebook Storytellers

An individual author from Palo Alto, CA has sued a variety of defendants including several publishers, movie studios and author Ben Mezrich for copyright infringement, defamation, and other claims.  The complaint alleges that the many popular tales of the founding of Facebook infringe plaintiff’s rights in his book Authoritas:  One Student’s Harvard Admissions and the Founding of the Facebook Era.  The defamation claims (directed at Mezrich) stem from statements purportedly made by Mezrich that the plaintiff’s work was “irrelevant and of poor quality”, by Mezrich’s “selective omission” of the plaintiff’s contributions to the “verbal narrative concerning Facebook’s origins”, and by other unkind things said by Mezrich. 

Greenspan v. Random House, Inc., 11-12000-RBC (D. Mass. Nov. 18, 2011)

Energy Forms Spark Copyright Case

Opower, Inc. (Arlington, VA) has sued Efficiency 2.0, LLC (New York, NY) for copyright infringement of plaintiff’s “Home Energy Reports” forms which the complaint alleges are infringed by defendant’s “Energy Savings Reports” forms.  Certain circuits have laws restricting the copyrightability of blank forms.  I wonder if the home court of either party falls in one of those circuits. 

Opower, Inc. v. Efficiency 2.0, LLC, 11-12010-NMG (D. Mass. Nov. 14, 2011)

Photographer Objects To Rent-Free Use of Pic

In a pro-se complaint, a Boston resident accused Boston Pads, LLC and a host of affiliated individuals of copyright infringement related to unauthorized use of plaintiff’s photograph on multiple real-estate websites.  No registration of the work in question is alleged, which is more understandable for a pro-se plaintiff. 

Rogers v. Boston Pads, LLC, 11-11890-MBB (D. Mass. Oct. 29, 2011)

Celiac Disease Book Decision Affirmed

In 2009 pro se plaintiff Susan Hassett sued Elisabeth Hasselbeck, her publisher, and a John Doe ghostwriter, for copyright infringement stemming from Hassett’s book, Living with Celiac Disease, which she alleged she sent to Hasselbeck and was copied by Hasselbeck and the ghost writer when they wrote The G Free Diet.  In December 2010 Chief Judge Wolf granted summary judgment to the defendants noting that ny similarities between the books are those of ideas, facts, and other unprotectable elements.  

The First Circuit has affirmed that decision.  The First Circuit also dismissed two other claims on appeal, one that she was denied a full opportunity to present her case at summary judgment, the other that the court erred when it failed to appoint her counsel.  The latter was denied because she failed to show indigency or other exceptional circumstances. 

Hassett v. Hasselbeck, 11-1111 (First Circuit Nov. 7, 2011)