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Lawsuit filed to stop bootleg merchandise sales at Garden concert on Saturday

By adamg on Tue, 03/02/2010 - 6:56pm

A Los Angeles company with the right to market T-shirts and tchotchkes for the band Muse today filed suit against an army of unknown T-shirt sellers and a mysterious Company XYZ to prevent them from selling bootleg Muse stuff when the band plays the Garden on March 6 - and as it continues to tour the country.

In its lawsuit, filed today in US District Court in Boston, Bravado International Group Merchandising Services alleges that the 200 John and Jane Does and their supplier have already started selling "inferior quality" band shirts and merchandise and that they will surround the Garden on the 6th with their unauthorized stuff for sale:

The aforesaid acts by Defendants and others are likely to cause the purchasing public to believe that the sale of such Unauthorized Merchandise is authorized, sponsored or approved by the Group and/or Plaintiff and that such Unauthorized Merchandise is subject to the same quality control and regulation required by the Group and/or Plaintiff, despite the fact that this is not true. It also injures Group and Plaintiff in that Defendants do not have to pay any royalty for these unlawful sales.

The company adds that:

This complaint will be amended when their true names and capacities are ascertained.

In a declaration that accompanies the suit, Bravado Vice President Thomas Donnell says the bootleggers are getting more and more bold as the band tours:

Without an order, when members of my staff inform the Defendants that they are selling Unauthorized Merchandise, they usually just walk away and/or continue to sell the Unauthorized Merchandise. The Defendants do not respond when we asked for their names. All Defendants Bootleggers ignore our requests to stop selling unauthorized merchandise. The Defendant Bootleggers respond that they want to see our "injunction" or "order" or else they will not stop their unlawful activities. From the nature and context of their statements, it is obvious that the "order" or "injunction" they refer to is a search, seizure and impoundment order that we seek from this court.

Complete complaint.
Donnell's declaration.


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Artist's rendering of the black-helicopter markings on Longwood Avenue

By adamg on Tue, 03/02/2010 - 6:33pm

Eeka sketches them out.

Actual explanation (read down a bit).


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An endearing, oddly put-together menu at new Roslindale restaurant

By adamg on Tue, 03/02/2010 - 6:06pm

Boston's Hidden Restaurants enjoys a night at Jazz Cafe on Washington Street (across from the Staples), which serves everything from Haitian and Creole dishes to Italian food:

... The Jazz Cafe and Bar is like no other restaurant we have been to in the Boston area; between its quirky atmosphere and oddly put-together menu, this is perhaps not a restaurant for everybody. But I found it to be quite endearing, and on the way out I found myself wondering when I might be able to get back there again. ...


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AIDS groups across the river to merge

By adamg on Tue, 03/02/2010 - 5:46pm

AIDS Action Committee and Cambridge Cares about AIDS to merge.


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Police say woman hit by car on Comm. Ave. may have been running against the light

By adamg on Tue, 03/02/2010 - 5:41pm

Boston Police report a 68-year-old woman is in critical condition after being hit by a car at Comm. Ave. and Allston Street around 7 p.m. yesterday.

Officers spoke with the female operator of the vehicle that struck the victim and learned that she was traveling on Commonwealth Avenue and came to a stop due to the red light at the intersection of Allston Street. After stopping, the female operator proceeded when the light turned green. At this time, the operator informed officers that the woman ran across the street towards the tracks when her vehicle struck her. It should be noted that the operator of the vehicle immediately stopped and awaited the arrival of the officers.

Police say no charges or violations have been issued to this point.


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Two Charlestown banks held up

By adamg on Tue, 03/02/2010 - 5:29pm

Boston Police tweet the Citizens Bank, 5 Austin St., was held up this afternoon by a 30-ish Hispanic male with a thin build.

Earlier in the afternoon, police tweet, the Sovereign Bank, 437 Rutherford Ave., was held up by a light-skinned black or Hispanic male, tall, about 180 lbs.

The photo, released by the FBI, shows the Rutherford Avenue suspect.

Tue, 03/02/2010 - 15:30
Neighborhoods: 
Charlestown
Topics: 
Crime
Free tagging: 
Sovereign Bank
Boston bank robbery


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Court lets Sam Adams moor his boat in the tidal flats off Manchester-by-the Sea

By adamg on Tue, 03/02/2010 - 5:02pm

The Massachusetts Appeals Court today ordered a Manchester-by-the-Sea man to pay Samuel Adams $145 for taking out his boat mooring from a tidal flat near his house.

The court rejected Richard Spillane's assertion he owned the part of the flats where Adams and another boat owner moored their boats one day and that that gave him the right to simply go out and cut Adams's mooring because the sight of the boats offended him.

Although Spillane's lawyer produced a 1902 deed that showed ownership, Adams trumped that with a 1640 land grant from the town of Salem granting the flats to what is now the town of Manchester-by-the-Sea. "In the absence of countervailing evidence would be correct, but here they were confronted with a claim predating theirs by several centuries," the court concluded.

The court also rejected Spillane's attempt to define the low-water line - used to show where property owners' rights end - by sending out a guy with sticks to measure the actual points at which the water receded. The court ruled it was sticking with bounds set by federal surveyors:

Boundaries should be capable of determination with relative ease, rather than greatly subject, as here, to weather and the phases of the moon.

Complete ruling.


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Developer: NoMo HoJo

By adamg on Tue, 03/02/2010 - 4:10pm

Banker & Tradesman reports developers submitted a letter of intent with the BRA yesterday to plow the Fenway Howard Johnson's (and the Hong Kong) under so they can build two 12-story buildings with residential, hotel and retail space.


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New look, focus for BPDNews.com

By adamg on Tue, 03/02/2010 - 4:00pm

Boston Police went live today with a full service BPDNews.com, changing it from just a blog of the latest crime news to a Web site for the entire department - where you can now find everything from information about specific districts to police-related forms and applications. The blog is now here.

One interesting thing they're doing is tagging everything by district, so you'll be able to track reports that are closest to home for you. Next cool step would be to better integrate the crime mapping onto the district pages.


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A tale of two liquor licenses

By adamg on Tue, 03/02/2010 - 1:12pm

Boston Licensing Board members today tore into a South Boston property owner who wants to renew a liquor license that has gone unused for more than two years, telling him such "pocket" licenses are illegal.

Steve Margiotta's reception this morning was in contrast to the way the board last week treated the Lyons Group, which also has a license it hasn't used for more than two years.

The board voted to let the Lyons Group, which has 19 other liquor licenses, have 90 days to find a buyer for its Lansdowne Street license; it told Margiotta today it will think long and hard at a meeting on Thursday whether to grant him the same courtesy.

Margiotta told the board that when he sold the Fish Pier Restaurant, 667 E. Broadway, two years ago, he did not include a beer and wine license in the sale, but made it contingent on the new owners obtaining financing. He said they were unable to do so and he's taking back the property.

Margiotta said he did not realize that he could not simply hold onto the license and asked the board to give him time to find a new tenant or buyer who could use the license at the same address.

Board Chairman Daniel Pokaski, who did criticze the Lyons Group last week, also criticized Margiotta: "It's a pocket license, it's illegal," he said. "This is ridiculous, quite frankly."

The harshest words for Margiotta came from board member Suzanne Ianella, who did not say anything during last week's Lyons Group hearing:

"Ignorance of the law is no excuse to break the law," Ianella told him. "You don't even have an address for this license. I don't know how we could even allow you to keep this license."

The Lyons Group also no longer had an address for its license, because of the way it consolidated several properties on Lansdowne Street into the House of Blues.

At last week's hearing, the third board member, Michael Connolly, said he favored giving the Lyons Group more time with its license because the company negotiated with a potential buyer in good faith and that it shouldn't be blamed for the deal falling through, especially in tough economic times like these. Connolly did not say anything during Margiotta's hearing.

Unlike the Lyons Group, which was represented by a lawyer before the board, Margiotta appeared alone.


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