From: Richards, Leslie
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`Sent: 2/19/2014 11:13:31 AM
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`To: TTAB EFiling
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`CC:
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`Subject: U.S. TRADEMARK APPLICATION NO. 85713043 - LEARDI - N/A - Request for Reconsideration
`Denied - Return to TTAB - Message 10 of 12
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`Attachment Information:
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`Count: 1
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`Files: tina-9.jpg
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`httn:.‘r’masscases.cr:rrrtcases.tsjct33rtu'39rt.masst51.htrrl
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`iJ2l19.I'201-l. tEl:5?:3El AM
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`L] The predecessor to G. L. c. 921A, Section 9 [1], provided that: "Any persor1 who guchases or leases goods, services or property. refl or persord, primarily for personal, tamily or
`household purposes and thereby suffers any loss of money or DIODE“! real or personal, as a resul of the use or ernptoyrnent by another person of an unfair or deceptive act or practice
`declared unlawhrl by section two or by ary n.Ie or regulation issued Lnder paagaph (c1 of said section two may, as hereinafter provided. bring an action ii the superior court whether by
`way of origind oorrrplaint, counter-claim. cross-clairn or third-party action for damages and such eqritable reief. 'I'rctrrd'I1g an injrrnctiorr. es tl1e court deems to be necessary and proper.‘ St.
`19?"). c. 736. Section 1. as amended by St 1971. c. 241. and further amended by St. 1975. c. 478. Section 45.
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`[Note 10] According to G. L. c. 91%. Section 9 [3]. as appealing in St. 1979. c. 406. Section 2, “recovery shall be "I1 tlle a11or.rrrt ofactud damages or twenty-live dolars. whichever 5
`greater. or L]! to tire: but not less than two times such amoLI'r1iI'the court finds that the use or employment of the act or practice was a urilllll or knowing violation of said section two or
`that the rahrsal to 9'31! raial’ Lpcrn demand was made it bad faith with lrrtouvtedga or reason to lrrtcwrr that the ad or practice complained of violated said section t1Aru.ln addiion, the razrurt
`shfl award such otlrer eqritable relief. inclrding an irjrnction, as it deems to be necsary and proper.‘
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`|Nr:rte 1. I General Laws c. Et3t\. Section 9 (21. inserted by St. 1969, c. 690, provides that: “Any persons entitled to bring such action may. if the r.rse or errqzrloymerrt otthe untair or deceptive
`act or practice has caused simiar injury to ni.I'nerous other persons similarly situated and if the court finds in a preiminary hearing that he adequatety and fairly represents such other
`persons. bI'ing the action on behalf oftrrintself and such other sirrriarty injured and situated persons: the court srral reqr.rire that notice of such action be given to r.I'rnan'red petitioners in the
`most effective practicable manner. Such action she! not be dismissed. settled or compromised witlroi.l the approvd of the coLI'l, aid notice of any proposed disnissd, settlement or
`cor'nororrI'se shal be given to al members of the class of petitioners in such manner as the court directs.“
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`|Note 12] The de‘ferrda'rts have not sqr.rarely raised the issue of the composition of the class which is entitled to damages. See Mass. R. A. P. 16 [a] (41. as attended. 36? Mass. 919
`[19?5,'i. Nonetlleless. we beleve that the argr.I'nerrt 5 irnpicit in the": qmeal otthe judge's rrrrlipication of the statrnory award, and we cor'5ider it to avoid the irjrfie which might otherwise
`resul. See, e.g., McLeod's Case. 389 Mass. 431 . 434 (1983).
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`|Note 13] Even though we have thus sharply imited the number ofthose perrnitrled to recover. and have also limited recovery to $25 for each person, it seems clear from the record that the
`rrurnber of eligible tenants is such that the total amount awarded may be many thousatds of dolars.
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`[Note 14] Generat Laws c. 93A. Section 9 (3). as appearing in St. 1919, c. 406, Section 2. provides in pertinent part that: ‘At leastthirty days prior to the filing of any such action. a written
`demand for relief. iderrtifying the clai'narrt and reasondnty descrbing the unfair or deceptive act or practice relied Lpon and the ir|'LIy suffered. std be maied or delivered to any
`prospective responder1t.Arry person raoeivirg such a demand for relief who, witlrir thirty days of the maiirg ordeivery ofthe demand for relief, makes a wrlten tender of settlement wtich
`is rejected by the r:la'|'rrant may. in any subsequent action. file the written tender and an affidavit conceming its rejection and thereby I'I'nI any recovery to the retiet tendered if the coral frrds
`that the relieftendered was reasonable "Ir rehtion to the injury actualy suffered bytlre petitioner.‘
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`[Note 15] The jrdge also fornd that the plaintiffs were entitled to rescission of tl're rental contracts "on account of the pervasive ilegality inherent in the leases.” 'l1're defendants have not
`appealed from this ning.
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`|Note 16] The relevant portion of G. L. c. 186. Section 14. as amended through St. 1974. c. 192. Section 1. provides that: "[A]ny lessor or landlord who directly or irdirectly interferes with
`tho quiet r:njoyrr|¢:rrt of any residential prr:rra'sr:s by tho occupant, or who attempt: to regain possession of such prr:rnis¢:s by force writllout bcrtctil of jr.|cIr:'Ii pruccss, shfl hr: punished by a
`fine of not less than twenty-five rtolas nor more than three hundred dolas, or by irrqzrrisonmerrt for not more than six rnonths. Any person who corrrnits my act i1 violation of this section
`shal also be liable for actrrfl and oonsequentiat damages or three month‘s rent. whichever is yeater, and the oosts of the action, including a reasonable attorneys fee. all of which may be
`applied in setoff to or in recoupmerrt against ary clain for rent owed or ow'rrg."
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