What was filed
Jacqueline Melnick and Melnick Consulting, LLC v. 1435 Capital Management LLC and Ben Jen, No. 1:26-cv-14416-MJJ (D. Mass.), was filed September 26, 2026. The complaint says Melnick is a Massachusetts CPA and the founder of Melnick Consulting, a Boston-based tax firm formed in May 2025. It identifies 1435 Capital as a New Jersey company and alleges, on information and belief, that Ben Jen lives in New Jersey. The clerk's notice assigns the case to Judge Myong J. Joun. The plaintiffs demand a jury trial.
What the complaint alleges
The complaint alleges that in 2025, Jen discussed engaging Melnick as Controller for 1435 Capital's Innovation Fund, a New Jersey venture fund, and asked for her photo and sent her a draft biography listing her as Controller, but that the parties never signed a final agreement. It alleges, on information and belief, that from September 2025 the defendants used Melnick's name, photo, credentials, and a Controller title, together with Melnick Consulting's name and logo, in investor materials for the fund. It alleges that her profile appeared on the 1435 Capital website as Controller until April 2026 and was removed shortly after she sent a Chapter 93A demand letter.
The counts and relief
Count I is false association under 15 U.S.C. § 1125(a)(1)(A), and Count II is false advertising under § 1125(a)(1)(B). The remaining counts are unauthorized use of name and picture under Mass. Gen. Laws ch. 214, § 3A; unfair and deceptive practices under Chapter 93A; breach of contract; unjust enrichment; appropriation of name or likeness; and fraud. The prayer seeks damages, treble damages and fees under Chapter 93A, disgorgement, an order requiring Jen to identify and correct the Controller representation to investors and regulators, and a permanent injunction.