Ecobee filed three trademark suits, accusing Filter Pro, The Corner Store, and Ultra Design of trademark infringement, unfair competition, false designation of origin, and tortious interference. Ecobee makes smart home control products, including light switches and thermostats, that it sells through authorized resellers who are contractually obliged to provide specific quality controls on the products sold and prevented from selling to subsequent, unauthorized resellers. Each of the defendants is an Amazon Seller Account that, despite not being ecobee authorized resellers, are alleged to have sold ecobee products. Ecobee asserts that the defendants could only have obtained ecobee inventory through knowingly soliciting authorized resellers, intentional and knowing interference with the resellers contracts and business relationships with ecobee, or through fraudulent or illicit means. They further assert that the defendants violate the ECOBEE trademark by selling actual ecobee goods without authorization. The cases are presently before Judges Stearn, Woodlock, and Saris.
ALMO Music, and several other music companies, sued Worcester’s Ralph’s Rock Diner, accusing the venue of allowing the performance of copyrighted, unlicensed works by visiting artists. The plaintiffs, all members of ASCAP, allege that Ralph’s has repeatedly refused ASCAP’s licensing offers, but allowed the performance of several works in early August, 2018 that plaintiffs own copyright in. Somewhat unusually, ASCAP itself is not named as a plaintiff, with the copyright owners going it alone. Plaintiffs seek statutory damages and costs and fees as well as injunctive relief.
Coventry, RI photographer Kristen Pierson accuses Barrett’s of infringing her copyright in a photograph of New Bedford singer Craig DeMelo (known as the “Whiskey Poet”) in promotions for a performance by DeMelo at the restaurant. Pierson asserts that her notice of copyright was included at the bottom of the photograph as reproduced by Barrett’s, and further that she provides notice via her website, Rok-Pix.com. Despite receiving notice from Pierson, Barrett’s continued displaying the photograph on at least one webpage. Pierson seeks statutory damages and attorney’s fees, as well as injunctive relief.
Realtime accuses Sungard of infringing the same patents it asserted against Scality earlier this week. Judge Talwani has been assigned the case.
Realtime, a data compression developer, accuses Scality of directly infringing four patents relating to data compression, as well as alleging contributory and induced infringement. Realtime seeks monetary and injunctive relief, although an injunction likely depends on a finding of infringement of one of the asserted patents, U.S. 9,667,751, as the other three have priority dates of 1998 and 1999 and will likely expire prior to resolution of litigation. Realtime identifies itself as an inventor-owned R&D company that broadly licenses its technology; it (and its subsidiary Realtime Adaptive Streaming) has repeatedly asserted its patents in litigation, and it is unclear whether it licenses outside of the litigation context.
Acushnet filed an amended complaint, adding a claim that Golf Gods infringes Acushnet’s D763,682 design patent covering the ornamental design of its golf ball packaging. This adds to the trademark and trade dress infringement claims previously filed by Acushnet, which makes Titleist and Footjoy golf products.
Acushnet, the maker of Titleist golf equipment, filed suit against Australia’s Golf Gods, accusing them of violating Titleist trademarks through Golf Gods’ sale of apparel bearing a “TITTIES” mark in the Titleist stylized script, “HOE V1” (instead of “PRO V1,” a Titleist golf ball), and a few other racy take-offs on Titleist marks. Titleist also asserts that golf balls sold by Golf Gods infringes the trade dress of Acushnet’s TITLEIST PRO V1 packaging.
Titleist asserts (and is almost certainly correct) that its marks are famous, and accuses Golf Gods of intentionally creating an “unwholesome and undesirable association” in consumers’ minds, thereby tarnishing the Titleist marks. Titleist asserts trademark infringement, false designation of origin, unfair competition, and trademark dilution under both state and federal law. Judge Boal has the case.