Yourfavorite.com et al. v. Federation of Exchange Accommodators et al. (20-cv-10649).

Richard Rogers, who runs Yourfavorite.com., accuses Federation of Exchange Accommodators (FEA) and a number of individuals of having wrongfully taken his copyrighted material for use on its own website. Rogers asserts that FEA’s publication titled “Member Guide to Internal Controls and Procedures for Handling Exchange Funds” contains material duplicated from an article he authored on 2007, titled “Reasons for Return.” He states that the infringement is willful and knowing, and that the Defendants ignored his cease and desist letter. The case is before Judge Casper.

Mugraby v. UndercoverWear, Inc. (20-cv-10641).

Israeli photographer Sam Mugraby, who operates through his business Photos5.com, accuses UndercoverWear of infringing his copyright in a photograph entitled “Heart in the Sky” by placing a copy of the image in its website. Mugraby asserts copyright infringement and removal of copyright management information.

Tawa Supermarket, Inc. d/b/a 99 Ranch Market v. 99 Asian Supermarket (20-cv-10637).

99 Ranch, an Asian supermarket, operates 53 stores in the United States, including their most recent store in Massachusetts (which just opened in January). The store has utilized a red “99” surrounded by green laurel leaves as a mark, as well as the name “99 RANCH MARKET” for thirty years, and has registrations on both. 99 Ranch asserts that 99 Asian Supermarket opened a store in Malden that utilizes a red 99 surrounded by green laurel leaves in an attempt to capture 99 Ranch customers, and that “99 Asian Supermarket” infringes the 99 RANCH MARKET mark. 99Ranch asserts trademark counterfeiting under 15 U.S.C. 1114(a), state and federal trademark infringement, state and federal unfair competition, and state federal trademark dilution.

Sonohm Licensing LLC v. Superlogics, Inc. (20-cv-10642).

Sonohm accuses Superlogics of infringing two patents, U.S. 6,651,207, related to improved voice quality in cordless communications utilizing frequency hopping, and U.S. 7,106,705, which is directed to methods and systems for transmitting data for multiple services via jointly used physical channels. The ‘207 patent is expired, while the ‘705 patent remains in effect only through May 2021. According to the assignment records of the PTO, Sonohm acquired both patents in September 2019, after the ‘207 patent had expired. Since then, Sonohm has filed seventeen infringement suits involving the two patents, nine of which settled within about six months. The case has been assigned to Judge Burroughs.

FabriClear, LLC v. Harvest Direct, LLC (20-cv-10580).

FabriClear, LLC developed a spray for treating bed bug infestations, and reached an agreement with Harvest Direct by which Harvest would advertise and sell the product, which was known as “FabriClear.” FabriClear asserts that, after several years of complying with the agreements with FabriClear, Harvest began re-labelling the product as “X-Out” and failing to pay FabriClear on sales of the same. FabriClear identifies several examples in which the “X-Out” label was simply superimposed directly over the “FabriClear” label. The complaint further alleges that Harvest essentially copied FabriClear’s label, packaging, website and advertisements for X-Out, including an advertisement in which the FabriClear bottle remained in several segments. FabriClear asserts breach of contract, trade secret misappropriation, and false designation of origin, as well as unfair competition. Magistrate Judge Hillman has the case.

(Note – I filed this complaint on behalf of FabriClear. As I always do when reporting on cases in which I and my firm are involved, I blog about the issues presented in the pleadings or orders, and avoid adding any “insider information.”)

Ethic Inc. v. Admirals Bancorp, Inc. et al. (20-cv-10581).

Ethic, an investment advisor that specializes in socially aware investing, filed suit against Admirals Bancorp and Ethic Wealth Advisors, LLC, accusing the two of rebranding to the “ETHIC” mark for the provision of similar services. Ethic asserts federal and common law trademark infringement, false designation of origin and unfair competition and unfair trade practices. Ethic further asserts that the infringement was willful, because Admiral’s intent-to-use applications for registration of ETHIC and ETHIC A WEALTH BANK were each refused in light of Ethic’s prior registration. Ethic asserts that, in response to the latter rejection, Admiral misled the PTO as to the differences between the respective services, banking services versus investment advisory services, that rendered confusion unlikely. According to Ethic, at the time of this representation, Admiral had already taken steps to offer investment services under the “Ethic” mark, as evidenced by Admiral’s SEC filings. The case is before Judge Sorokin.

Wildlife Acoustics, Inc. v. Frontier Labs Pty. Ltd. (20-cv-10620).

Wildlife Acoustics makes bioacoustics monitoring technology used to monitor various animal species around the world. This technology can supplement or replace other, more manpower-intensive monitoring methods. Wildlife’s recorder design allowed for a significant reduction in power usage, enabling the use of much smaller batteries and a smaller and lighter recording device that is considerably easier to pack into remote locations. Wildlife accuses Australia’s Frontier Labs of infringing its U.S. Patent No. 7,782,195, which covers these recording devices, through the sale of competing BAR audio recording devices. Judge O’Toole has been assigned to the case, which was filed by my firm, Lando & Anastasi.