Maryland Intellectual Property Law Blog : Maryland Intellectual Property Lawyer & Attorney : Brian Wm. Higgins : Serving Baltimore, Columbia, Frederick

     The following cases are reported as being filed in the U.S. District Court for the District of Maryland in August 2010 (source: Justia.com; PACER):

• Patent docket:
  
  • Eon Corp. IP Holdings, LLC v. Verizon clinton Center Drive Corp. (filed Aug. 23, 2010)
  • Cathode Lighting Systems, Inc. v. Feelux Lighting, Inc. and Feelux Lighting Co., Ltd. (filed Aug. 4, 2010)
  
   
• Trademark docket:
  
  • RE/MAX, LLC v. Jeff Underwood and Uncommon Homes, LLC (filed Aug. 26, 2010)
  • SRT-MD, LLC v. Brandon Walton, b2uhost.com and b2u Productions (filed Aug. 24, 2010)
  • Ourisman Hyundai of Bowie, Inc. v. Ashanti Shackleford (filed Aug. 16, 2010)
  • Chattery International, Inc. and Shanghai Shenda Sound Electronic Co. Ltd. v. Jolida, Inc. (filed Aug. 13, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Maytalk, Ltd. and Does 1 through 100 (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Hot Topik (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. The Fashion Shop (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Ocean Waves and Sunset Beachwear (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Ocean Reef (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Oceanfashion Boutique, New York New York and Jewel of the Ocean (filed Aug. 9. 2010)
  • Coach, Inc. and Coach Services, Inc. v. Beachbreak (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Summer Breeze (filed Aug. 9, 2010)
  • Coach, Inc. and Coach Services, Inc. v. Surf Beachwear (filed Aug. 9. 2010)

For more about these Coach lawsuits against Ocean City businesses, please click here (Washington Examiner).

• Copyright docket:
  • CoStar Realty Information, Inc. v. Carson Equities (filed Aug. 27, 2010)
  • Broadcast Music, Inc. , Concord Music Group, Inc. , Retribution Music , Sony/ATV Songs LLC , Fall Out Boy Inc. , Songs of Universal Inc. and Face Down Productions LLC v. Vera's White Sands Beach Club, LLC and Lisa Del Ricco (filed Aug. 20, 2010)

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     The following cases are reported as being filed in the U.S. District Court for the District of Maryland in June 2010 (source: Justia.com):

• Patent docket:

   

  • WhitServe LLC v. Benesch Friedlander Coplan & Aranoff LLP, Brinks Hofer Gilson & Lione, PC, Dinsmore & Shohl LLP, Edwards Angell Palmer & Dodge LLP, EMC Corp, General Electric Co., Intel Corp., Kusner & Jaffe, Mueting, Raasch & Gebhardt, PA and Wilmer Cutler Pickering Hale and Dorr LLP, No. 8:2010cv01639 (filed June 18, 2010) 

     

  • Genzyme Corporation v. Sandoz, Inc., No. 1:2010cv01715 (filed June 25, 2010)
     

• Trademark docket:

   

  • B Line, Inc. v. Outrageous Outlet, Yossef Benzakan and David Azoulin, No. 1:2010cv01670 (filed June 22, 2010)
     
• Copyright docket:

   

  • Broadcast Music, Inc , EMI Blackwood Music Inc. and Still on Top Publishing Corp. v. Orange Ball, Inc. and Ho S. Chang, No. 1:2010cv01560 (filed June 14, 2010)
     
  • 88 LLC v. RC Matrice LLC and Rene Mitchell, No. 8:2010cv01607 (filed June 16, 2010)
     
  • Micro Focus(US), Inc. v. Ashley Furniture Industries, Inc., No. 8:2010cv01623 (filed June 17, 2010)
     
  • Micro Focus(US), Inc. v. Ashley Furniture Industries, Inc., No. 8:2010cv01624 (filed June 17, 2010)
     
  • Jonathan Hanson v. Here Publishing, Inc. and Here Media, Inc., No. 1:2010cv01712 (filed June 25, 2010)

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     Below are summaries of recent IP-related lawsuits filed in the the U.S. District Court for the District of Maryland in 2008 (source: Justia).

• Emerson Electric Co. v. John Does 1-10, No. 1:2008cv00734; filed March 20, 2008; assigned to J. Blake

     Plaintiff Emerson Electric, a Missouri company, states "This is a Complaint for an injunction, damages, and other appropriate relief to prevent unknown Defendants from engaging in a widespread fraudulent internet scheme that involves the infringement and misappropriation of Plaintiff’s trademarks. In this scheme, Defendants have impersonated Emerson and its chairman David N. Farr in emails and on internet job boards to trick unsuspecting internet users into believing they have obtained jobs with Emerson. In their supposed capacity as Emerson employees, these victims have – on instruction from Defendants – unwittingly cashed fraudulent United States Postal Service money orders or certified checks on behalf of Defendants. Defendants’ scam has caused Emerson irreparable harm, damaged its reputation, damaged its [EMERSON] mark, caused confusion in the marketplace as to the origin of the job offers and Emerson’s role in the scam, and caused Emerson to incur significant expenses and utilize significant resources in an effort to halt the scammers and stop the fraud."

     Plaintiff alleges trademark infringement under the Lanham Act (15 U.S.C. § 1114), false designation of origin under the Lanham Act (15 U.S.C. § 1125(a)), unfair competition/false advertising under the Lanham Act (15 U.S.C. § 1125(a)), Maryland common law unfair competition against all defendants.

• VTran Media Technologies, LLC v. Antietam Cable Television, Inc., No. 1:2008cv00739; filed March 21, 2008; assigned to J. Garbis

• Almo Music Corporation et al v. Three Pols, LLC, No. 1:2008cv00747; filed March 25, 2008; assigned to J. Motz 

     This copyright infringement case was filed by plaintiffs Almo Music Corporation, Mighty Underdog Music, Sony/ATV Tunes LLC, Odnil Music Limited, Fifty-Six Hope Road Music Limited, Get Jet Music, Inc., Cherry Lane Music Publishing Co., Inc. and Dimensional Music of 1091 against defendants Three Pols, LLC, Joshua E. Gursky and Grant R. Gursky.  

• Broadcast Music, Inc. et al v. Carullo Steele, Inc., No. 1:2008cv00824; filed April 2, 2008; assigned to J. Bennett

     This copyright infringement case was brought by plaintiff Broadcast Music, Inc. (BMI), the licensee of copyrighted works owned by co-plaintiffs EMI Blackwood Music, Inc., House of Cash, Inc., Songs of Universal, Inc., EMI Virgin Songs, Inc., Elijah Blue Music, Unichappell Music, Inc., ABKCO Music, Inc., EMI Algree Music Corp., Wayne Hodge, Sony/ATV Songs, LLC, Leon E. Brooks, III and Ronnie Gene Dunn.

     Plaintiffs allege that defendants Carullo Steele, Inc., owner/operator of Freddies Bel Air (Bel Air, MD), and Stephen J. Carullo, Jr., an alleged officer of Carullo Steele, Inc., publicly performed copyrighted works owned/licensed by plaintiffs.

     Max Stadfeld of Offit Kurman, P.A. (Owings Mills, MD) filed the complaint on behalf of the plaintiffs.

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• #20: Staggs v. West, No. 8:2008cv00728; filed March 20, 2008; assigned to J. Messitte

     Dayna D. Staggs, III, a Prince Georges County, MD, resident and music recording artist who, as reported by On the Record, reportedly performs and produces under the alias D'Mystro, filed this copyright infringement lawsuit against singer Kanye West ("one of the worlds biggest Hip Hop Rap artist[s]") and co-defendants Roc-A-Fella Records, LLC, Good Music Carter Administration, Shawn Carter Records, LLC, and Broadcast Music Inc. (BMI) (representing individually several defendants), for allegedly using Staggs' 1984 sound recording and composition entitled "Volume of Good Life." In particular, Staggs alleges that,

"Kanye West didn't obtain a license to use 'Volume of Good life' which has repeated melody's and uncleared vocal samples and compositional parts of sound recording with drum elements, including (45) lyrics from the original volume of good life."

     According to the complaint, the Recording Industry Association of America (RIAA) "reports that the Kayne West 'Good Life' master with mixed parts of 'Volume of Good Life' was a tremendous success, selling millions. Attaining multi-platinum status selling more then [sic] 5 million units." The Complaint goes on to allege that,

"The vulgar, sexual and racially-charged nature of the infringing master work is directly counter to Dayna D. Staggs long established public persona, utterly inconsistent with the musician, artist clean image , [sic] And harms the reputation of the Dayna D. Staggs Copyrighted Rock/Pop master work clean titled 'Volume of Good Life.'"

     Count I of the Complaint alleges copyright infringement, contributory infringement, and unfair competition in violation of the Lanham Act.  Plaintiff is seeking monetary damages, "impoundments."

     The Complaint appears to have been filed by Mr. Staggs pro se as CEO of Dayna Paryss Entertainment.

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