Earthwatch Institute, Inc. v. DigitalGlobe, Inc. (19-cv-11142).

Earthwatch is a non-profit corporation that supports scientific research through “citizen science.” Under this approach, Earthwatch joins ordinary citizens who are concerned about environmental issues together with world-class scientists to conduct environmental surveys and research, such as tracking chimpanzees through the Ugandan forests. Earthwatch has been in existence since 1971, and has won numerous awards and achieved many scientific publications of its work. Earthwatch has operated under a number of federally-registered EARTHWATCH marks in a variety of classes, which have become incontestible. DigitalGlobe is a Colorado company that offers high-resolution satellite imagery of the globe for, among other things, environmental monitoring. Among the products offered by DigitalGlobe is a customizable subscription service under the name “EARTHWATCH.” Earthwatch asserts that DigitalGlobe is thereby infringing its trademarks under both federal and common law, and moreover that the infringement is willful – DigitalGlobe initially operated as “EarthWatch Incorporated,” and changed its corporate name after a cease and desist demand from Earthwatch. In addition to the trademark counts, Earthwatch asserts violation of Ch. 93A. Earthwatch has been a client of my firm, Lando & Anastasi, for many years, and the case was filed by my colleagues Nate Harris and Peter Lando. The case is before Judge Woodlock.

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