Minden Pictures accuses Lynn company Kate-Den, which does business as “Dennis the Mennis Pest Control,” of willful copyright infringement and violation of the Digital Millennium Copyright Act. Minden asserts itself to be the premier provider of rights-managed wildlife and nature stock photographs, including photos taken by Michael Durham. Minden says that Kate-Den uses Durham photographs on its website, removed the copyright management information associated with the photographs, and have failed to respond to cease and desist letters from Minden. The case is before Judge Zobel.
Ecobee sued Amazon sellers eKings, Arad Systems, Western Ridge, as well as unknown individuals who run these sellers, asserting that they infringe ecobee’s trademark and interfere with ecobee’s contracts with its authorized resellers by reselling ecobee products without authorization. The allegations in the complaint track those of previous suits brought by ecobee in this district. Judge Zobel has been assigned to this case.
Bravado is a merchandising company that has exclusive rights to sell products bearing the federally registered ARIANNA GRANDE mark, a logo for which registration is pending, and/or Grande’s name and likeness. Bravado brought this suit in advance of Grande’s upcoming performance at the TD Garden in Boston to prevent bootleggers from offering infringing merchandise in or around the arena, and to obtain an order for authorities to seize and impound any such merchandise. As with other such pre-emptive suits, Judge Zobel is assigned to this matter.
Audio company Kicker sued Techtronics, theXmarketing.com, and Amazon resellers Techtronics Inc. and Amazing Dealzzz, accusing the defendants of improperly selling Kicker products, using Kicker trademarks, and altering or removing serial numbers from Kicker products that they were selling. Kicker uses the registered KICKER mark on audio components, primarily speakers, that it sells through authorized resellers. It asserts that the defendants, who are not authorized resellers, are nonetheless selling Kicker speakers bearing the KICKER trademark. The defendants did not receive Kicker training in proper installation of its speakers, and speakers sold through defendants do not come with Kicker’s warranty. Thus, according to the complaint, the defendants’ KICKER goods are materially different than those of Kicker and its authorized resellers. Kicker brings claims of trademark infringement, tortious interference with business relations in connection with defendants receiving inventories of Kicker speakers from authorized Kicker dealers, and unfair competition. It is not clear why Kicker chose to file suit in Massachusetts, given that it is an Oklahoma corporation and it asserts that defendants are located in California. The case is before Judge Zobel.
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.
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.
Three Ten Merchandising, a concert merchandising company for Beyonce, sued unnamed persons and corporations to preempt sales of counterfeit merchandise bearing any of Beyonce’s registered or pending trademarks – BEYONCE, BEYHIVE, BEYGOOD, #BEYGOOD, and YONCE – at or around Gillette Stadium during her August 5th concert. Three Ten seeks an injunction and an order that U.S. Marshalls and local and state police seize and impound any such merchandise. This preemptive, effectively ex-parte mechanism is permitted under 1984 amendments to the Lanham Act. Judge Zobel, who has been assigned to the case, seems to be the Massachusetts judge for such matters – she has had a number of similar cases involving artists such as Pink, Coldplay, Katy Perry and Lady Gaga .