Case Number: 2:09-cv-05887-GW-VBK
File Date: Wednesday, August 12, 2009
Plaintiff: Relativity Rogue, LLC
Plaintiff Counsel: Anthony M. Keats, David K. Caplan, Konrad K. Gatien of Keats McFarland & Wilson LLP
Defendant: Oregon Brewing Company
Cause: 15:1051 Trademark Infringement
Court: California Central District Court
Judge: Judge George H. Wu
Referred To: Magistrate Judge Victor B. Kenton


A California-based film production company named Relativity Rogue (“Relativity”) has filed an action for declaratory relief against Oregon Brewing Company (“OBC,” a.k.a. the makers of fine Rogue ales).  OBC sent cease & desist letters in June and July, 2009, asserting that Relativity’s use of the term “rogue” in connection with a multi-media ROGUE PICTURES-themed  concert venue called The Rogue Joint in Las Vegas will result in consumer confusion with OBC’s ROGUE trademarks for alcoholic beverages.  Rather than quibble about it, Relativity decided it would just go ahead and have the issue decided by the California Central District Court, filing this Complaint for Declaratory Relief.  Relativity seeks a judgment that it’s use of the term “rogue” in connection with its entertainment-related business activities does not constitute trademark infringement, unfair competition, trademark dilution, or rise to any actionable violation of OBC’s rights in the ROGUE marks.  Way to take the initiative, Relativity!

This quick trigger by Relativity makes me think this is either a part of their settlement strategy or the parties just came to an impasse in negotiations.  Either way, the court will now attempt to settle their rights in the public eye, for better or worse.  I’ll update you as this matter proceeds.

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For a copy of the full complaint, please leave a comment with your email.