District of Massachusetts IP Blog

Raid of Boutique Leads to Civil Lawsuit

Coach, Inc.  (New York, NY) has sued a Bridgewater tanning boutique and its owners for infringement of the COACH trademarks, trade dress, and copyrights.  The complaint alleges that the boutique displayed and sold counterfeit Coach merchandise.  Evidence gathered during a police raid of the boutique was cited in the complaint.  Glad I wasn’t getting my hair done that day. 

Coach, Inc. v. Milliken, 12-10455-JLT (D. Mass. Mar. 12, 2012)

Boarding Helmet Designs Accused

Bern Unlimited, Inc. (Kingston, MA) has sued The Burton Corp. (Burlington, VT), Vans, Inc. (Cypress, CA), and Easton-Bell, Sports, Inc. (Van Nuys, CA) for infringement of design patent D572,865 related to an ornamental helmet.  Easton-Bell is also accused of infringement of design patent D572,880 related to a summer liner. 

         

D572,865                                            D572,880

Bern Unlimited, Inc. v. Vans, Inc., 11-12278-DJC (D. Mass. Dec. 20, 2011)

Bern Unlimited, Inc. v. The Burton Corp., 11-12280-JLT (D. Mass. Dec. 20, 2011)

Bern Unlimited, Inc. v. Easton-Bell, Sports, Inc., 11-12281-DPW (D. Mass. Dec. 20, 2011)

Boston Granite Companies Face Off

In a case caption that screams trademark infringement, Boston Granite Exchange, Inc. (Haverhill, MA) has sued Greater Boston Granite, LLC (Lowell, MA).  The complaint alleges that until 2009 defendant did business as JC International, LLC and focused on construction and remodeling.  But a name change and business focus shift to importing building mateirals has plaintiff crying foul and asserting its BOSTON GRANITE EXCHANGE mark.  This is one of those cases where you feel for the plaintiff, but you also want them to have adopted a more protectable mark years ago. 

Boston Granite Exchange, Inc. v. Greater Boston Granite, LLC, 11-11898-JLT (D. Mass. Oct. 13, 2011)

Clothing Maker Seeks DJ of No Copyright Infringement

Potpourri Group, Inc. (Chelmsford, MA) has sued Star Fabrics, Inc. (Los Angeles, CA) for a declaratory judgment that the plaintiff does not infringe the defendant’s copyrights in a specific fabric pattern.  You be the judge:

Individual Alleges Earlier Use in Trademark DJ

An individual personal trainer (residing in Wellesley, MA) has sued MizzFit LLC (New York, NY) for a declaration that she does not infringe defendant’s trademark rights as well as for cancellation of defendant’s registrations.  Defendant owns federal registrations for two MIZZFIT based marks.  Plaintiff received a voicemail and email from the defendant threatening infringement if she did not cease use of her MISS FIT based marks, which apparently were being featured by the Style Network.  The complaint alleges that plaintiff’s use predates the defendant’s use. 

Boyd v. MizzFit LLC, 11-11751-JLT (D. Mass. Oct. 4, 2011)

“Bitch” Author Sues Publishers. Again.

The author of Why Men Love Bitches and Why Men Marry Bitches has sued Editorial Planeta and others for copyright infringement and breach of contract claims stemming from their purported unauthorized distribution of her novels and undercutting royalties owed to her under various agreements.

The foreign language publishing rights to the books were assigned a number of times before they landed with the defendants.  The complaint alleges that the defendants sold copies of the books in unauthorized countries, failed to report authorized sales, and otherwise underpaid royalties owed.

A similar complaint was filed last year against a slightly different group of defendants.  

Argov v. Editorial Planeta Mexicana, S.A. DE C.V., 11-11677-JLT (D. Mass. Sep. 21, 2011)

Tickling The Ivories In Color Is Infringing

Michael Sandborn & Mark Sandborn Partnership d/b/a MS Squared (Asheville, NC) has sued Avid Technology, Inc. (Burlington, MA) for infringement of Patent No. 6,930,235 directed to a method of assigning colors to musical notes and notation.  The Sibelius software program, now owned by Avid, is specifically accused.  The complaint alleges that a popular (though not only) infringing feature of Sibelius was removed from the software, but that Avid provided a means for users to create their own infringing uses. 

Michael Sandborn & Mark Sandborn Partnership v. Avid Tech., Inc., 11-11472-JLT (D. Mass. Aug. 17, 2011)

Tourist Passes Flagged

Smart Destinations, Inc. (Boston, MA) has sued Leisure Pass North America LLC (New York, NY) and others for infringement of Patent No. 7,765,128 directed to a programmable ticketing system.  The defendants’ “smartcard based attraction passes marketed as the New York Pass and the Philadelphia Pass” are accused.  

Smart Destinations, Inc. v. Leisure Pass North America LLC, 11-11351-JLT (D. Mass. July 28, 2011)

Becton Wins Again On Summary Judgment

Back in 2003 MBO sued Becton, Dickinson for infringement of Reissue Patent No. 36,885 directed to a safety syringe design.  Becton had won several District Court victories along the way, only to have them reversed (twice) by the Federal Circuit.  Once again, Becton has prevailed at the District Court.  Only time will tell if the decision holds up. 

Here’s a quick recap of the case history: 

Securities Exchanges Sued for Infringement

Boston Options Exchange Group, LLC (Boston, MA) sued International Securities Exchange, LLC (New York, NY) and others for infringement of Patent No. 7,941,364 directed to a “price improvement processor for electronic trading of financial instruments”.  Specific price improvement mechanisms of each defendant are specifically named in the complaint. 

Boston Options Exchange Group, LLC v. International Securities Exchange, LLC, 11-10824-JLT (D. Mass. May 10, 2011)