Maryland IP Litigation Cases for the Week of July 30, 2007
The U.S. District Court for the District of Maryland was chosen as the forum for litigating the following case(s), as published by Justia:
- Global Barbeque, LLC v. Rub, LLC, Case Number 1:2007cv02021, filed July 27, 2007
New York City-based Global Barbeque, LLC, and Rub BBQ Restaurant # 1 (the RUB BBQ restaurant) have sued Michael Marx (alleged owner of Baltimore's Rub Barbeque restaurant) and RUB, LLC, for alleged trademark infringement, dilution, and state law claims arising out of the use of the word RUB in connection with its retail food services. Plaintiffs are seeking, among other relief, an injunction, an order barring use of the word RUB in connection with Defendants' web site URL, an accounting of profits, and compensatory and punitive damages.
- Tarpo Music Publishing v. Lifestyle, LLC, Case Number 1:2007cv02029, filed July 30, 2007
Plaintiffs Tarpo Music Publishing, EMI April Music Inc., Notting Dale Songs, Inc., Controversy Music, Basement Boys Music, Inc., C-Water Publishing, Inc., WB Music Corp., Webo Girl Publishing, Inc., EMI Waterford Music, Inc., Jobete Music Co., Inc. and Rodsongs have sued Defendants Lifestyle, LLC, Leonard Clarke and Gyeong M. Cho for alleged copyright infringement based on "public performances of copyrighted musical compositions" at Baltimore's Red Maple bar, which is reportedly operated and managed by Defendants (see complaint). Listed compositions include Ain't No Mountain High Enough, among five others alleged to be infringed.
- Plastic Safety Systems, Inc. v. Road Safety, LLC, Case Number 1:2007cv02068, filed August 2, 2007
Cleveland, OH-based Plastic Safety Systems, Inc., has sued Glen Burnie, MD-based Road Safety, LLC and Millersville, MD-based Reliable Contracting Company, Inc., for allegedly infringing Plastic Safety's U.S. Patent No. 5,234,280, which is directed to traffic "channeling" devices in the form of large drums (see image). According to its complaint, Defendants allegedly used or induced the use of infringing drums along Rt. 50 in Annapolis.
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Young Again Products, Inc. v. JMS Partners Enterprises, Ltd., Case Number 1:2007cv02072, filed August 3, 2007
Plaintiff Young Again Products, Inc., a Maryland company that describes itself as being "in the business of production and sale of health and nutritional supplements," has sued JMS Partners Enterprises, Ltd., for allegedly "engag[ing] in the unauthorized use of the Young Again™ Mark by selling products displaying the Mark and by using the Mark on its website to sell its products" in violation of 28 U.S.C. 1338. Other claims include unfair competition under 15 U.S.C. 1125(a) (Lanham Act), and dilution of a famous mark under 15 U.S.C. 1125(c). Young Again Products is seeking a declatory judgment enjoining JMS from using the Young Again mark, and other relief.
