After photographer Alexander Stross sued Ivymedia for copyright infringement relating to IvyMedia’s alleged use of a Stross photograph in its on-line advertising, Judge Sorokin denied IvyMedia’s motion to dismiss for failure to state a claim on which relief could be granted. IvyMedia subsequently answered and counterclaimed for extortion and fraud. Stross moved to dismiss the counterclaims as being legally and factually baseless and designed to drive up the costs of litigation. Stross further sought an award of attorneys’ fees as a sanction for IvyMedia’s continued baseless motion practice. Judge Sorokin granted Stross’ motions and awarded Stross $9671.09 in fees and costs in connection with the motion to dismiss.
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.
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, 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.
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 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 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.