Realtime Adaptive Streaming LLC v. Adobe Systems Inc. (18-cv-10355).

  • February 26, 2018

Rawshon accuses Redwan and NS International, NS of infringing its RICHDALE and RICHDALE FOOD SHOPS trademarks. Rawshon, the current assignee of the marks, asserts that RICHDALE was first used in commerce in 1961, and that it runs (either independently or through licensees and affiliates) about seventy convenience and grocery stores throughout Massachusetts and New Hampshire. Redwan is a former licensee that operated a Richdale store in Salem, Massachusetts, while NS (which is alleged to be owned by the same individual as Redwan) operated a store under license in Lynn. Neither defendant has paid the required license fees since December 2018, and are alleged to owe $2675 apiece in past due fees. After a number of missed promises to pay the late fees, Rawshon terminated the licenses in August 2020. Under the agreements, the defendants were to cease use of the RICHDALE marks within 30 days of termination; however, neither have done so, and the owner of the defendants is asserted to have informed Rawshon that Rawshon would need to take him to court to obtain the past-due balance and get him to stop using the marks. Rawshon asserts breach of contract, willful trademark infringement, and violation of c. 93A. Judge Young has the case.

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