Realtime Data LLC d/b/a/ IXO v. Scality, Inc. (18-cv-12188).

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 Company v. Golf Gods Pty ltd. (18-cv-12093).

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 Company v. Golf Gods Pty ltd. (18-cv-12093).

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.

Greater Boston Authentication Solutions, LLC v. Kaspersky Lab, Inc. (18-cv-12045).

Greater Boston Authentication Solutions (“GBAS”) accuses Woburn’s Kaspersky of infringing three patents relating to remotely unlocking electronic data using cryptographic authentication. GBAS asserts that Kaspersky’s license activation and verification technology infringes the patents, either literally or through the doctrine of equivalence. Judge Young has the case.

DiscoverOrg, LLC v. Timlin Enterprises, Inc. (18-cv-12002).

DiscoverOrg, a company that provides business-to-business marketing data, sued Timlin Enterprises for copyright infringement. DiscoverOrg provides its marketing information to customers through a password-protected on-line user interface. According to the complaint, a Timlin employee accessed the database while employed by a licensed company, downloaded the data, and took it with him when he moved on to work for Timlin. A second person, meanwhile, who worked with the first accessed the database from their new, licensed company, and the data made its way to the first employee now working for Timlin. DiscoverOrg asserts that Timlin knowingly used the misappropriated data in marketing efforts. In addition to copyright infringement, DiscoverOrg asserts federal and state trade secret misappropriation (the state claim under Washington law, as DiscoverOrg is a Washington-based company), unjust enrichment, tortious interference with contractual relations, negligence for failure to properly train and supervise its employees regarding misappropriation of trade secrets, and violation of Ch. 93A.  The case was assigned to Judge Zobel.

B Luxe, Inc. v. B Luxe Aesthetics LLC et al. (18-cv-11988).

B. Luxe, a Medway hair salon, accuses Belmont’s B Luxe Aesthetics and Bianca Jacqueline Paraison of infringing its registered “B. LUXE” trademark in connection with hair and skin products and services. While the complaint does not clarify, it seems that Ms. Paraison is the owner of B Luxe Aesthetics. In addition to federal trademark and unfair competition claims, B. Luxe brings counts for state and common-law trademark infringement and unfair and deceptive trade practices under 93A.

Barth v. United States (18-cv-12001).

Maine resident John S. Barth, Jr., filed a pro se complaint against the United States and several individual defendants in connection with Barth’s alleged copyright infringement claims. Barth wrote a novel, The National Memorial, which was published in 2015. After sales were flat, Barth discovered a number of outlets offering low or no-cost digital versions on-line. In 2017, Barth instituted a lawsuit against several individuals and companies in the Central District of California, claiming copyright infringement and violation of the Racketeer influenced and Corrupt Organizations Act (“RICO”). He sought to file the complaint under seal, and to undertake RICO-related discovery under seal to ascertain the entities or individuals who owned and operated the relevant websites, most of which were registered under false names, and the locations of their servers. He also filed a motion for discovery assistance, seeking assistance from federal agencies in obtaining this information. Judge Olguin denied the request that the complaint and discovery-related documents be accepted under seal and published the documents on PACER. Judge Olguin denied several follow-up motions to seal the information as well as a motion to disqualify himself. Barth now claims that the actions of Judge Olguin constitute willful collusion with the defendants in that it allowed them to transfer evidence and funds outside of the jurisdiction of the United States, denying Barth just compensation for his claims. Barth presses copyright infringement claims and RICO violations against the individual defendants, and brings a count against the United States for compensation for the taking of his private property, namely (as near as I can decipher) his right to bring the California case under seal. Judge Stearns has the pleasure of untangling this mess.