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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     Below is a summary of the IP-related cases filed in the the U.S. District Court for the District of Maryland during the week beginning October 11, 2007 (source: Justia). This time, two patent cases and a trademark case make up the week's docket:

• American Silver LLC v. General Resonance LLC, No. 07 Civ 02807, filed Oct. 15, 2007

     Plaintiffs are American Silver LLC and its subsidiary American Biotech Labs LLC, both Utah companies. ABL owns U.S. Patent No. 7,135,195 and several other patents directed to silver products used in the life sciences field.

     Defendant General Resonance LLC is a Nevada company with its corporate headquarters located in Havre de Grace, MD. Defendants Juliana Brooks and Mark Mortenson are reportedly residents of Maryland. Ms. Brooks is allegedly the Senior Managing Director of General Resonance. Mr. Mortenson is allegedly a lawyer licensed to practice in Virginia and registered to practice before the PTO. According to court papers, Mr. Mortenson acts as General Resonance's general counsel.

     Plaintiffs seek to quiet title to the ownership interests of an invention and related patent applications, including PCT/US05/047699. Other counts in the complaint include fraud, misrepresentation, breach of fiduciary duty, fraud by concealment, constructive fraud, breach of contract, conversion, misappropriation of scientific ideas, negligent misrepresentation, tortious interference, legal malpractice, and civil conspiracy.

     George Ritchie of Venable filed the complaint on behalf of the plaintiffs. 

• Raymond Geddes & Company, Inc. v. J. Rousek Toy Co. Inc.,No. 07 Civ 02818, filed Oct. 16, 2007

     On October 11th, Raymond Geddes & Co., Inc. a Maryland company with its headquarters in Baltimore, MD, sued Los Angeles, CA-based Nakajima USA, Inc. for alleged infringement of its U.S. Patent No. 6,158,871, which is directed to an "Illuminated Ball-Point Pen" (advertisement). Infringement allegations were based on Nakajima's sale of the Hello Kitty light up pen. (Related post).

     In the present case, Raymond Geddes has sued J. Rousek Toy Co., a Bishop, CA company apparently doing business as Giggletime Toy Co.  In this matter, however, Raymond Geddes is asserting its U.S. Des. Patent No. 550,772, which is directed to a design for an "eraser cap for a writing instrument."

     Infringement allegations in the complaint are based on Rousek's sale of an eraser cap advertised as the "Extendo" cap. 

     Sterne Kessler's Tracy-Gener Durkin filed the complaint on behalf of Raymond Geddes.

• Nutramax Laboratories, Inc. v. Newton-Everett, L.L.C.,  No. 07 Civ 02833, filed Oct. 18, 2007

     This is a false advertising action under the Lanham Act against Newton-Everett, which Nutramax Labs alleges manufactures, markets, and sells a joint health supplement for cats and dogs called COSEFLEX that competes directly with Nutramax's COSEQUIN. Nutramax is a Maryland corporation based in Edgewood, MD, and claims to have "started the glucosamine/chondroitin sulfate revolution." Newton-Everett is a Scottsdale, AZ company (jurisdiction is predicated on website sales in the Maryland forum).  The single count in the complaint is for violation of Sec. 43(a) of the Lanham Act (false advertising).

     Robert Bowie of Bowie & Jensen LLC filed the complaint on behalf of Nutramax.

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     The U.S. District Court for the District of Maryland was chosen as the forum for litigating the following cases, as published by Justia:

• Moulin Rouge, S.A. v. Moulin Rouge Caterers, Inc. et al, 07 civ 02482 (D. Md. 2007), filed Sep. 18, 2007.

According to court papers, Plaintiff Moulin Rouge, S.A., is a Belgian corporation having its principal place of business in Paris, France. It owns the famous French trademark MOULIN ROUGE, which, in English, means "red windmill."  The mark has allegedly been in use in France continuously since 1889 when the famous Parisian cabaret first opened (first use in commerce in the U.S. since 1981). Moulin Rouge reportedly owns several U.S. trademark registrations covering live music stage shows and theater productions.  Defendants are Gaithersburg, MD-based Moulin Rouge Caterers and its owner Mohammad Taghi Yahyavi. Moulin Rouge, S.A., which is represented by Robert Bowie, Jr. of BOWIE & JENSEN LLC, is alleging trademark dilution, infringement, and unfair competition.

• Allegis Group, Inc. v. Bizet Human Asset Management, 07 civ 02497 (D. Md. 2007), filed Sep. 18, 2007.  

In court papers, Plaintiff Hanover, MD-based Allegis Group, Inc., which provide human capital services, alleges it has used the mark "PEOPLE. SERVICE. PERFORMANCE" in commerce before Pittsburgh, PA-based Bizet Human Asset Management began using  its federal trademark "PEOPLE.  PROCESS.  PERFORMANCE."  When Bizet allegedly failed to cease using its trademark on its website, despite canceling its registration, Allegis sued for infringement under 15 U.S.C. § 1051.  Allegis Group is represented by Sherry Flax of Saul Ewing LLP.

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