Case 1:18-cv-10773-RWZ Document 30 Filed 06/17/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS (BOSTON DIVISION) THOMAS J. MACDONALD, a/k/a “TOMMY MAC,” an individual, and TOMMY MAC ENTERPRISES, INC., a successor in interest to THOMAS J. MACDONALD FINE FURNITURE INC., a Massachusetts corporation, Plaintiffs, -againstWGBH EDUCATIONAL FOUNDATION, a charitable non-profit Massachusetts corporation, THE TAUNTON PRESS, INC., and LAURIE DONNELLY, an individual, Defendants. Civil No. 1:18-cv-10773-RWZ NOTICE OF CONTINUED INFRINGEMENT, FALSE ENDORSEMENT/SPONSORSHIP, AND UNAUTHORIZED USE OF PLAINTIFF THOMAS J. MACDONALD’S NAME, IMAGE, AND TRADEMARKS FOR CONSIDERATION AT MOTION HEARING Hearing Date: June 19, 2018 Time: 2:30 p.m. Courtroom: 12 Honorable Rya W. Zobel Plaintiff Thomas J. MacDonald a/k/a/ “Tommy Mac” (hereinafter “MacDonald”) respectfully submits this Notice of Continued Infringement, False Endorsement/Sponsorship, and Unauthorized Use of Plaintiff Thomas J. MacDonald’s Name, Image, and Trademarks for Consideration at the Motion Hearing scheduled to be held before this Court in two days on June 19, 2018 at 2:30 p.m. on Plaintiff’s Motion for Preliminary Injunction Against Defendants (Dkt. No. 7). Attached as Exhibit P1 are examples of the ongoing infringement and misuse of Plaintiff’s name, image, and trademarks through online advertising of the Defendants’ confusingly similar new show, “Rough Cut with Fine Woodworking,” “Season 8,” observed as of this afternoon on June 17, 2018, as follows: 1 To avoid confusion between exhibits, the attached exhibit identification continues on from the last identified exhibit by Plaintiffs, Exhibit O (at Dkt. No. 24-7), the last exhibit to Plaintiff’s proposed Reply Brief (Dkt. No. 24-1) filed in support of Plaintiff’s Motion for a Preliminary Injunction (Dkt. No. 7). Case 1:18-cv-10773-RWZ Document 30 Filed 06/17/18 Page 2 of 3 1. Attached at Exhibit P-1 is a true and accurate copy of DirecTV’s online listing for “Rough Cut – Woodworking with Tommy Mac” which identifies “Tommy MacDonald” as the host but shows the image of the new show’s host, Tom McLaughlin with the title of the new show “Rough Cut with Fine Woodworking” and links to the new show’s “Season 8” episodes. 2. Attached as Exhibit P-2 is a true and accurate copy of GoWatchIt.com’s listing of “Rough Cut – Woodworking with Tommy Mac,” which shows the name and image of MacDonald but links to the new show’s “Season 8” episodes from 2018. 3. Attached as Exhibit P-3 to P-5 is a true and accurate copy SheKnows.com’s listing for “Rough Cut – Woodworking with Tommy Mac” which shows the name and image of MacDonald but links to the new show’s “Season 8” episodes and uses the image of the new host and new show name “Rough Cut with Fine Woodworking” for the individual episodes listed under MacDonald’s name and image. MacDonald’s name and image is also specifically used for the link to Season 8, Episode 2 (at P-5). 4. Attached as Exhibit P-6 is a true and accurate copy of NextEpisode.net’s listing for “Rough Cut – Woodworking with Tommy Mac” which uses the name and image of MacDonald but links to the new show’s “Season 8” episodes from 2018. 5. Attached as Exhibit P-7 is a true and accurate copy of the TV Guide listing for the new show “Rough Cut with Fine Woodworking” but uses the name and image of MacDonald under the “Overview” of the new show. 6. Attached as Exhibit P-8 to P-9 is a true and accurate copy of SIMKL.com’s listing for the new show “Rough Cut with Fine Woodworking” but uses the name and image of MacDonald. 2 Case 1:18-cv-10773-RWZ Document 30 Filed 06/17/18 Page 3 of 3 7. Attached as Exhibit P-10 and P-11 are true and accurate copies of Google search results that display the name and image of MacDonald being used with the new show “Rough Cut with Fine Woodworking” and the use of MacDonald’s name and image with the listing of the new show’s “Season 8” episodes. Dated: June 17, 2018 Respectfully submitted, /s/ John J.E. Markham, II John J.E. Markham, II (BBO No. 638579) /s/ Bridget A. Zerner Bridget A. Zerner (BBO No. 669468) MARKHAM & READ One Commercial Wharf West Boston, Massachusetts 02110 Tel: (617) 523-6329 Fax: (617)742-8604 jmarkham@markhamread.com bzerner@markhamread.com Attorneys for the Plaintiffs Certificate of Service I hereby certify that this document filed through the CM/ECF system will be sent electronically to the registered participants as identified on the NEF (NEF) and paper copies will be sent to those indicated as non-registered participants on June 17, 2018 /s/ Bridget A. Zerner Bridget A. Zerner 3 Case Document 30-1 Filed 06/17/18 Page 1 of 11 EXHIBIT - 1 sis-ME ?ips tam-madirectvxom' 7' - i} I .- Watch Rough Cut -- W: Get DIRECTV My Account 7 71-7-2454 Watch DIRECTV Movies Sports For Kids Networks Playtist Rough Cut Woodworking With Tommy Mac TVG How-To, Series? Lifestyle SD Select an episode below or Furniture maker Tommy MacDonald visits historic landmarks then returns to his workshop inspired to create a wide variety of furniture for the home and of?ce. In each episode. MacDonald provides detailed instructions for each piece -- perfect projects for the All Watch Online Watch on TV Sort by: Season Season 8 E11: Episodell -. :v nc\\i )1 id? ifkillL?. E10: Episode-10 Share on: E9: Episode?r E8: EpisodeEl Shows Like "Rough Cut -- Woodworking With Tommy Mac" 2::1Case Document 30-1 Filed 06/17/18 Page 2 of 11 EXHIBIT - 2 l'gvl-zrll a Rough Cut - Woodworl' (E) ?r (- i Saute ntips, gow?atchiticom 3. _Ig" -: 1-: :1 REGISTER SIGN IN i sod 1 Episode 1 Premiered on Saturday, 07' Apr 2018 12:00 AM Queue It Add UH 5h? Gratings. I8 If?? Crafting a light Shaker-inspired hall table am of chewy, with tapered legs and an undercut beveled edge along the top. WHH TOMMY MM: WAYS TO WATCH Seer-1m: NEXT EPISODE: No results for zipcode 20149 A table lamp with a contemporary Shaker-inspired design. NEW TV TO WATCH 6/17/2018 Watch Rough Cut Woodworking With Tommy Mac Season Sheknows Watch3online Guide Case 1:18-cv-10773-RWZ Document 30-1 Filed8 Online 06/17/18 Page of 11 EXHIBIT P - 3 NEW VIDEO Watch Now Watch on HOT TV GUIDE Information Watch Rough Cut Woodworking With Tommy Mac Season 8 2018 7.5 Share Free Trial on Watch On CBS Watch live on Fubo EPISODES ABOUT CAST SCHEDULE SIMILAR Last Episodes S8 E10 S8 E9 S8 E8 9 1 10 Episodes S8 Episode 10: Watch on S8 Episode 9: http://www.sheknows.com/tv-guide/tv-shows/rough-cut-woodworking-with-tommy-mac-2010/season-8 1/3 6/17/2018 Watch Rough Cut Woodworking With Tommy Mac Season Sheknows Watch4online Guide Case 1:18-cv-10773-RWZ Document 30-1 Filed8 Online 06/17/18 Page of 11 EXHIBIT P - 4 Watch on S8 Episode 8: Watch on S8 Episode 7: Watch on S8 Episode 6: Watch on S8 Episode 5: Watch on S8 Episode 4: Watch on S8 Episode 3: Watch on http://www.sheknows.com/tv-guide/tv-shows/rough-cut-woodworking-with-tommy-mac-2010/season-8 2/3 6/17/2018 Watch Rough Cut Woodworking With Tommy Mac Season Sheknows Watch5online Guide Case 1:18-cv-10773-RWZ Document 30-1 Filed8 Online 06/17/18 Page of 11 EXHIBIT P - 5 S8 Episode 2: Watch on S8 Episode 1: Watch on SheKnows.com Lifestyles © Copyright 2013-2016 SheKnows, LLC. All Rights Reserved. SheKnows TV Guide US Privacy Policy Terms of Use http://www.sheknows.com/tv-guide/tv-shows/rough-cut-woodworking-with-tommy-mac-2010/season-8 3/3 6/17/2018 Rough Cut - Woodworking with Tommy Mac - Filed Season 06/17/18 8 Episodes List Page - Next Episode Case 1:18-cv-10773-RWZ Document 30-1 6 of 11 Join Next Episode Sign In EXHIBIT P - 6 Search Type TV Show Name News Home Episodes Movies Calendar Browse Top Charts TV Schedule Premium Forums The best TV app on mobile! Get it now free for: iPhone or Android Top TV Shows Game of Thrones The Walking Dead The Flash Arrow The Big Bang Theory Suits Marvel's Agents of S.H.I.E.L.D. Gotham The Blacklist Modern Family Marvel's Daredevil The 100 Homeland Sherlock Grey's Anatomy Vikings The Vampire Diaries Orange is the New Black House of Cards (2013) Mr. Robot How To Get Away With Murder Supernatural Supergirl Better Call Saul Westworld Fear The Walking Dead DC's Legends Of Tomorrow Pretty Little Liars Once Upon a Time Lucifer Stranger Things Blindspot The Originals New Girl Quantico Marvel's Jessica Jones Breaking Bad Scandal American Horror Story Brooklyn Nine-Nine Prison Break True Detective Narcos Teen Wolf Silicon Valley Elementary Fargo How I Met Your Mother Family Guy Grimm Rough Cut - Woodworking with Tommy Mac Episodes Guide and Summaries Season 8 Season 1 Episode Season 7 Season 6 Season 5 Season 4 Air Date Episode Name 1 Apr 11, 2018 Shaker-Inspired Hall Table 2 Apr 18, 2018 Bow-Front Cabinet in Ash 3 Apr 25, 2018 Sunburst Veneer Side Table 4 May 02, 2018 Contemporary Adirondack Chair 5 May 09, 2018 Dovetailed Tea Box 6 May 16, 2018 Live-Edge Coffee Table 7 May 23, 2018 Shaker-Inspired Blanket Chest 8 May 30, 2018 Classic Shaker Oval Boxes 9 Jun 06, 2018 Craftsman Dining Chair 10 Jun 13, 2018 End Table 11 Jun 20, 2018 Tilt-Top Table 12 Jun 27, 2018 Bent-Wood Table Lamp 13 Jul 04, 2018 Hanging Tool Cabinet Season 3 Season 2 Rough Cut - Woodworking with Tommy Mac + add to watchlist This show invites viewers into the world of respected furniture maker Tommy MacDonald, as he travels to historic landmarks to gain design inspiration and then returns to his workshop to demonstrate the steps and techniques needed to create future family heirlooms. In each episode, MacDonald shares his skills and best practices, providing detailed project instructions for anyone interested in learning the basics of the craft. For the more experienced enthusiast, Tommy also showcases his more complex projects with advanced tips and techniques. 1 Settle in with Spectrum 2 Wayfair: O cial Site Get the best deal of the year. Limited time free installation, WiFi setup & DVR service spectrum.com Shop up to 70% off a Zillion things home with Free Shipping on orders over $49! wayfair.com Show Info Genre: How To/Do It Yourself, Garden/Landscape Airs on: PBS Runtime: 30 min. Status: Running Rating: 0/5 (0 ratings) More Info: IMDb TheTVDB Previous Episode Next Episode Name: End Table Name: Tilt-Top Table Date: Wed Jun 13, 2018 Countdown: 3 days 6 hours Date: Wed Jun 20, 2018 Season: 8 Season: 8 Episode: 10 Summary: Episode Summary Episode: 11 Summary: Episode Summary Settle in with Spectrum Get the best deal of the year. Limited time free installation, WiFi setup & DVR service https://next-episode.net/rough-cut--woodworking-with-tommy-mac/season-8 OPEN 1/2 Case Document 30-1 Filed 06/17/18 Page 7 of 11 EXHIBIT - 7 NNEW?weigl?l?l (- it 1} BEST STREAMING SIGN IN UP ON WATCHLIST NEWS 81 FEATURES SERVICES 2018 RoughCut With Fine Woodworking A furniture maker gains inspiration for projects during visits to historic landmarks. then demonstrates how to create future family heirlooms. Where to Watch I. Add to Watchlist I WEALTH OVERVIEW EPISODES VIDEO CLIPS TV LISTINGS CAST :n'ntct MID WEEKLY LGORGEOUSLI murmurs: Latest Full Ep'socles Seeal? PBS PBS Outdoor Porting Station Simple Bookcase Season 2, Episode 13 Season 2, Episode 12 DEC 24. 2011 DEC 2011 The ?nal project in season two of Rough Cut is a Tommy discusses project design and explains how Potting Station. to do basic mortise and tenon joinery. SI See a I 3? Premiered: October 2. 2010 Rating: Premise:AfU"niture maker ga '1s aspiratipr? for :3"ojects c_rrir?g sits to landmarks. that clemonsrates now to create f.rt.rre fa'nil' l?e "loor's. woreII-r-izl 6/17/2018 Rough Cut30-1 with FineWoodworking Case 1:18-cv-10773-RWZ Document Filed 06/17/18 Page 8 of 11 PROFILE TV ANIME MOVIES APPS SEARCH P - 8 EXHIBIT JOIN SIMKL FRIENDS Rough Cut with FineWoodworking Share Add to watchlist 2010 - Now • Wednesday 07:00 PM on PBS • 50 hours - 0/10 DROP RATE YOUR RATING 0 vote 1 Download Tem (Free) RANKED To View Template, Down Here 14.3% Special Interest, Home and Garden YourTemplateFinder ROUGH CUT - WOODWORKING WITH TOMMY MAC invites viewers into the world of respected furniture maker Tommy MacDonald, as he travels to historic landmarks to gain design inspiration and then returns to his workshop to demonstrate the steps and techniques needed to create future family heirlooms. In each ... More 2 Download PDF To View PDF - Download QuickPDFMerger PREVIOUSLY AIRED EPISODE Sign up for free to NEW EPISODE AIR DATE AIRED ON 06/13/2018 AIRS ON WEDNESDAY 06/20/2018 End Table Tilt-Top Table Season 8: Episode 10 Season 8: Episode 11 Friend’s ratin BET TOG Summary Episodes Countdown Air Date: 12/15/2010 - Now Country: US Shop Activity Screencaps Cast Follow your friends to se and comments about th Best TV Shows - Top 250 Age Rating: TV-G 106. Boardwalk Empire Links: 107. High Stakes Poker ZAP2IT, TVDB 108. MINDHUNTER Season 8 109. Silicon Valley Last Ep. aired on Wednesday 06/13/2018 Mark as watched: Season 8 All seasons 110. The Newsroom Season 7 Season 6 Season 5 Season 4 11 10 9 8 7 6 5 4 3 2 1 Best of Last Aired TV Shows 16. House Hunters Internationa 3 days Enable notifications FOR NEXT AIR Notifications of new episodes When a new Episode is relesed we can send you an E-mail or Mobile notification. Stay up to date! 17. Match of the Day 18. Real Time with Bill Maher 19. House Hunters 20. Flowers People who liked Rough Cut with FineWoodworking also liked... Property Brothers Begin Japanology Jamie's 30 Minute Meals Grand Designs Australia Jamie's American Road Trip Ellen's Design Challenge Critical Roll Leah Remini: Scientology and the Aftermath You’re not logged If you don’t have an accoun sign up. It takes like two sec totally worth it. No ads when logged in Reactions Add Review Add Comments Follow TV Shows you enj Get notifications when the ABOUT #ROUGHCUTWITHFINEWOODWORKING https://simkl.com/tv/23345/rough-cut-with-finewoodworking 1/4 6/17/2018 Rough Cut30-1 with FineWoodworking Case 1:18-cv-10773-RWZ Document Filed 06/17/18 Page 9 of 11 Share your library with fri Add Your Review Be the first one to write a review EXHIBIT P - 9 Add Comment Discover new TV Shows All TV, Anime & Movies in Log in Sign up Share Rough Cut with FineWoodworking with your friends and followers: Get VPN We've tested more than 50 VPNs, and these are our top performers. Best VPN 2018 Apps Simkl has apps for Android, iOS, Chrome, Windows, Kodi, Plex and more! Get Apps https://simkl.com/tv/23345/rough-cut-with-finewoodworking 2/4 rough cut woodworking with tommy maC SEASON 8 - Google Search Page 1 of 2 Case 1:18-cv-10773-RWZ Document 30-1 Filed 06/17/18 Page 10 of 11 EXHIBIT P - 10 Google+ Search Images Maps Play YouTube News Gmail More Markham Read rough cut woodworking with tommy maC SEASON 8 All Images Videos News Shopping Maps Books About 140,000 results Any time Past hour Past 24 hours Past week Past month Past year All results Verbatim S08 E13 · Episode 13, S08 E12 · Episode 12, S08 E11 · Episode 11, S08 E10 · Episode 10, S08 E09 · Episode 9, S08 E08 · Episode 8, S08 E07 · Episode 7, S08 E06 · Episode 6, S08 E05 · Episode 5, S08 E04 · Episode 4, S08 E03 · Episode 3, S08 E02 · Episode 2, S08 E01 · Episode 1 Rough Cut with Fine Woodworking Television show 7.4/10 · IMDb https://www.bostonglobe.com/...woodworking...tommy-mac/.../story.html Furniture maker Tommy MacDonald visits historic landmarks then returns to his workshop inspired to create a wide variety of furniture for the home and office. In each episode, MacDonald provides detailed instructions for each piece -- perfect projects for the do-ityourself enthusiast. Some items include a sand-shaded wall clock, drop -leaf table, and a mortise and tenon bookshelf. In season two, "The Field Trip" segment includes workshops with some of the country's finest furniture makers. Apr 27, 2018 ... Last fall, MacDonald was surprised to find out that WGBH was promoting Season 8 of “Rough Cut,” with a new host named Tom McLaughlin. Production location: Canton Rough Cut with Fine Woodworking Season 8 Episodes , Episodes ROUGH CUT WITH FINE WOODWORKING Season 8 Season 8 ... https://aptonline.org/.../ROUGH-CUT-WITH-FINE-WOODWORKING-Season-8 The Emmy-nominated series ROUGH CUT returns for season eight with new host Tom McLaughlin, who has been making and designing commissioned, custom ... WGBH-TV is sued by woodworking show host Tommy Mac - The ... Original network: WGBH-TV Fine Woodworking brings you ROUGH CUT - FineWoodworking https://www.finewoodworking.com/.../fine-woodworking-brings-rough-cut Release date: 2009 Cast: Tommy Mac Dec 6, 2017 ... Season 8 coming this spring. ... The popular TV show has a new host for 2018, Tom McLaughlin, a longtime woodworker and teacher and a ... Networks: Public Broadcasting Service, WGBH Season 8 - Tommy Mac People also search for tommymac.us/forum/topic/season-8-when/ Season 8 – WHEN! ... Episode 81: Bombe Secretary ... Episode 06: Bedroom Set · Tommy to Attend Baltimore Woodworking Show · Tommy Featured in Fine ... Former host of WGBH woodworking show files trademark ... https://current.org/.../former-host-of-wgbh-woodworking-show-files-trademarkinfringement-suit/ Apr 25, 2018 ... The former host of Rough Cut: Woodworking with Tommy Mac says ... However, it returned for Season Eight this month with new host Tom ... Watch Rough Cut With Fine Woodworking Episodes Season 8 TV ... The New Yankee Workshop 1989 – 2009 The Woodwrig ht's Shop Since 197 9 Joanne Weir's Cooking... Simply Ming Since 200 3 Fit 2 Stitch Since 201 4 America's Test Kitchen Since 200 1 www.tvguide.com/.../rough-cut-woodworking-with-tommymac/episodes/340835/ A furniture maker gains inspiration for projects during visits to historic ... sunburst walnut veneer pattern on a round side table while Tom heads to the lathe to ... The Season 8 premiere shows how to make a Shaker-inspired hall table out of ... TOMMY MC DONALD HAS LEFT ROUGH CUT PBS SHOW - by a1Jim ... lumberjocks.com/topics/216538 Too bad about rough cut, that was a good show. ... #8 posted 04-15-2017 11:03 PM ... I wonder what Tommy Mac will go on to do? ... Funny, I had just caught the final show of this season this morning (I record and watch when ... Rough Cut with Fine Woodworking - Wikipedia https://en.wikipedia.org/wiki/Rough_Cut_with_Fine_Woodworking Rough Cut with Fine Woodworking is a woodworking television show hosted by woodworker ... Overview[edit]. The show initially started as Rough Cut: Woodworking with Tommy Mac and was hosted by Thomas J. MacDonald. Presented ... Season eight episodes are available for streaming on Fine Woodworking's website. A new direction for Rough cut? - Google Groups https://groups.google.com/d/topic/rec.woodworking/YAjW3VQlDpo Mar 16, 2017 ... http://tommymac.us/2016/10/rough-cut-woodworking-tommy-mac-episode... I think I watched part of one episode and was just turned off by his ... Tommy Mac Leaves Rough Cut - Now what's your favorite - YouTube https://www.youtube.com/watch?v=_LZiRKaUzIQ https://www.google.com/search?client=safari&rls=en&ei=J5MeW46_NOfqjwSzx5aYCQ... 6/17/2018 Case Document 30-1 Filed 06/17/18 Page 11 of 11 EXHIBI I - 1 1 rough cutwoodworkinc (- 9 Secure searI -f3 s=5I. 3.3. "iIll'L? .II 35 :51: l-D'i :31. ixn-zIIT WtI?z- "?55 rough cut woodworking with tommy maC SEASON 8 Q, 555 All Videos Shopping Images News More Settings Tools i Rough Cut with Fine Woodworking Season 8 Episodes Season 3 308 E13 - Episode 13 Jun 30. 2018 808 E12 - Episode 12 Jun 23. 2018 808 E11 - Episode 11 Jun '16. 2018 303 E10 - Episode 10 Jun 9. 2018 808 E09 - Episode 9 Jun 2. 2018 808 E08 - Episode 8 May 26. 2018 808 E07 - Episode? May 19 21:13 808 E06 - Episodeo May12 2018 808 E05 - Episode 5 May 5 2018 808 E04 - Episode 4 Apr 28. 2018 808 E03 - Episode 3 Apr 21. 2018 SUB E02 - Episode 2 Apr 1 a1, 2018 808 E01 - Episode 1 Apr 7. 2018 WGBH-TV is sued by woodworking show host Tommy Mac - The Apr 2018 - Last fall. MacDonald was surprised to ?nd out that WGBH was promoting Season 3 of "Rough Cut." with a new host named Tom McLaughlin. ROUGH WITH FINE WOODWORKING Season 8 Season 8 The Emmy-nominated series ROUGH CUT returns for season eight with new host Tom McLaughiin. who has been making and designing commissioned. custom Fine Woodworking brings you ROUGH CUT - FineWoodworking Deco 201? - Season 3 coming this spring. The popularTV show has a new host for 201 8. Tom McL_auhlin. a ionotime woodworker and teacher and a 2:51 PM Rough Cut with Fine Woodworking Television show 0 a *5 ti 5- IlIiiI