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.

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.

Global Merchandising Services, Ltd. v. Various John Does et al. (18-cv-11861).

Global merchandising, who had exclusive rights to the OZZY OSBOURNE mark, filed a preemptive trademark suit in advance of Osbourne’s upcoming show at the Xfinity Center in Mansfield, MA. Global seeks a TRO and preliminary injunction prohibiting the unknown defendants from making, distributing or selling merchandise bearing the mark or Osbourne’s likeness. As with the majority of these types of cases, Judge Zobel has been assigned to handle this matter.

Sadowski v. EH Publishing Inc. et al. (18-cv-11819).

Professional photographer Christopher Sadowski accuses EH Publishing of infringing a copyright in his photograph of a gas leak explosion at a New York high school that was originally published by the New York Post in 2015. Sadowski alleges that EH Publishing utilized the photograph in an article on the explosion that appeared in print and on-line versions of EH Publishing’s Campus Safety Magazine, and of removing the attribution to Sadowski that appeared in the Post article.

Fotohaus, LLC v. Invested Development, LLC et al. (18-cv-11813) and Tocci Building Corp. (18-cv-11814).

Fotohaus accuses investment management firm Invested Development of infringing the copyright in a photograph of hands holding a lit lightbulb taken by Fotohaus manager Daniel Foster in connection with a webpage on sustainable energy, and of refusing to take the photograph down despite numerous requests. Fotohaus also sued Tocci, accusing the construction management firm of infringing its copyright in a photograph of a sandwich in connection with an article on packing a lunch for health and financial benefits. Fotohaus asserts alteration of digital copyright management information as well as copyright infringement.

Lickerish, Ltd. v. Rue La La, Inc. et al. (18-cv-11783) and Metro Boston, LLC et al. (18-cv-11790).

Lickerish is a British photographic syndication company that licenses professional photographs worldwide. Lickerish accuses on-line clothing retailer Rue La La of infringing its copyright in an Andrea Carter Bowman photograph of Lottie Moss, sister of supermodel Kate Moss, and of altering the digital copyright management information associated with the photograph, and accuses Metro Boston of infringing its copyright in a Richard Guaty photograph of model and Baywatch actress Kelly Rohrbach. Judge Gorton has both cases.

Monsarrat v. Zaiger (17-cv-10356).

Jonathan Monsarrat filed suit in March 2017, alleging copyright infringement through Zaiger’s use of a photograph of Monsarrat that had been altered to suggest Monsarrat was a pedophile. The original claim was dismissed (twice)as time barred, as the complaint made clear that Monsarrat knew about the posting of the photograph as early as 2012. The proposed amended complaint sought to add defamation claims resulting from a republishing of the photograph along with a report that Monsarrat had been arrested for serving underage teens alcohol during a party at his apartment. Monsarrat alleged that this posting caused a potential investor in his video game company to withdraw. Unfortunately for Monsarrat, while no charges were ultimately filed, he actually had been arrested for serving alcohol minors, meaning that the statement was true. While a true statement can serve as the basis for a defamation claim if actual malice can be proven, if the maker of the statement subjectively believed the statement to be true, no claim can be had. Here, the story of Monsarrat’s arrest was published in the Boston Globe, providing reason for Zaiger to believe the story (which, of course, was technically true). Because of this, and because the proposed amended pleading did not resolve the statute of limitations issue, Magistrate Judge Bowler recommended that Monsarrat’s motion to amend his pleading be denied as futile. Judge Bowler granted Monsarrat’s motion for judgment on the pleadings and dismissed Zaiger’s counterclaim for misrepresentation of a copyright claim under 17 U.S.C. § 512(f). Zaiger’s counsel had previously withdrawn in light of Zaiger’s non-responsiveness to communications; Zaiger had since failed to show for a hearing or respond to an order to show cause why judgment on the pleadings should not be granted, which demonstrated a disregard of the court and the litigation.