KCG is the assignee of U.S. Patent 9,671,955, directed to a virtual smart phone on a car-mounted display KCG claims that CarMax induces infringement of this patent through sales of used cars having CarPlay®, NissanConnect®, Android Auto, and Toyota Sync/EntunesTM technology, the cars including owner’s manuals with instruction on these technologies. Both direct and indirect infringement are asserted.
S&S operates a restaurant and pub known as The Bowery (which serves the “8th Wonder of the World,” a full pound hamburger) just off the beach in Myrtle Beach. The establishment has been open since 1944, and registered the BOWERY mark in 1987. Cool Hand Luke opened an establishment it calls “The Bowery Bar” in Dorchester, Massachusetts in 2018. Cool Hand Luke itself has an application for THE BOWERY BAR for restaurant services, which is currently under rejection for likelihood of confusion with S&S’ BOWERY trademark. S&S brings claims of service mark infringement, false designation of origin, common law trademark infringement, and violation of Ch. 93A, and seeks injunctive relief, an accounting of profits, trebling of damages and an award of attorney’s fees, and (oddly) a separate demand for damages in the amount of at least $200,000 without explanation as to why that particular number was sought.
On-line image licensing company Getty Images accuses Her Campus Media of widespread copyright infringement for accepting and publishing articles containing unlicensed images controlled by Getty. Her Campus Media, an often-accused business that solicits college women to submit articles for publication, is said to have wrongfully used thousands of Getty images over the last two years alone, many taken by professional photographers with expensive and difficult to obtain access to events like the Grammys and MTV Music Video Awards. Getty seeks the greater of actual and statutory damages and a finding of willful infringement. The case is before Judge Sorokin.
Elvan, a Turkish candy maker, utilized Turkana Food to import and distribute its products in the United States. In 2017, Elvan formed a U.S. entity, based in Massachusetts, to import and distribute its products through grocery stores, which Turkana did not do. Turkana in response terminated their agreement, claiming that Elvan’s actions were in violation of “exclusive rights” of Turkana under the agreement. Elvan accuses that Turkana, its affiliate Spirit Food Group, and their agent Cengiz Yalim of breaching their distribution agreement and selling Elvan products without authorization. Elvan further asserts that the defendants fraudulently attempted to register Elvan’s trademarks, including JELAXY, COFFEX, TOFFEX and TODAY, with the PTO and asserted the marks against customers who were buying directly from Elvan. Finally, Elvan asserts that the Defendants are obtaining and selling counterfeit Elvan products bearing Elvan’s trademarks. In addition to this complaint, Elvan and Turkana have several cancellation proceedings before the USPTO as each tries to register the same marks.
Scanning Technologies accuses Scandir and Skycore of infringing U.S. Patent No. 9,053,498 through sales of apps that permit scanning of barcodes using a smartphone or other mobile device and obtaining further information about the item containing the barcode. Scanning Technologies seeks damages and injunctive relief.
Plano Texas entity Pinek, a patent holding company, sued Westford’s Visonic of infringing U.S. Patent No. 7,233,256, which is directed to systems and methods for receiving a signal to trigger a pyroelectric activation system. Pinek asserts that Visonic’s Long Range Pet Immune PIR Motion Detector infringes at least claim 1 of the ‘256 patent, and seeks monetary, but not injunctive, relief. Pinek filed eight additional cases alleging infringement of the ‘256 patent in the last three months, one of which appears to have settled. Judge Talwani has been assigned to the matter.
JW Reilly, a business run by Judith Reilly to sell her sterling silver products, sued Swiss shoemaker Bally, accusing Bally of infringing a design patent on a shoe buckle. The design, set forth in U.S. D667,212, appears to be a clip-on accessory, as opposed to a true buckle, that has a rectangular face and that clips over the front, toe portion of a shoe. JW Reilly sells buckles asserted to be embodiments of the design patent in which the buckle can be engraved with wording, initials or a design.
Ms. Reilly asserts that she approached the manager of Bally’s Copley Place store in 2013 to discuss hosting a fund-raising event to support the Boston One Fund, a charity to assist families of those killed or injured in the Marathon bombing. In connection with her proposal, she asserts that she provided a description and photograph of her buckles that specifically indicated that they were protected by the ‘212 patent. Bally’s declined to participate in the proposed fund-raiser.
Ms. Reilly indicates that she subsequently became aware that Bally was offering three shoe designs that included buckles that she believes to be infringements of her patent. She asserts that Bally copied her design. The case has been assigned to Judge Saris.