District of Massachusetts IP Blog

True Fight Over True Fit

True Fit Corp. (Woburn, MA) has sued True & Co. (San Francisco, CA) for trademark infringement related to the use of the word TRUE for “personal matching services for apparel”.  Plaintiff owns a registration for FIND YOUR TRUE FIT and has applications for a number of other marks such as SHOP TRUE TO YOU, TRUE TO YOU, TRUE FIT, etc.  Defendant uses the mark TRUE (and has applied for registration of same) for personalized matching services for bras and related products.

True Fit Corp. v. True & Co., 12-11006-GAO (D. Mass. June 6, 2012)

Not The Original Platter

Herb Reed Enterprises (Arlington, MA) has sued Cape Entertainment, Inc. (Coconut Creek, FL) and its owner for trademark infringement relating to use of HERB REED AND THE PLATTERS. The plaintiff alleges ownership of the rights to the mark dating back to the founding of the original musical group in the 1950s. Defendants are accused of promoting a different band under the same name (as the plaintiff discovered when a dissatisfied customer reported the defendants’ activities).

Herb Reed Enterprises LLC v. Cape Entertainment, Inc., 12-11004-MBB (D. Mass. June 6, 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)

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)

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)

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)