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Plaintiff manufactures and sells high-end markers for illustrators and design professionals. Their markers have distinctive squarish bodies and distinctive squarish cap-ends, both protected by U.S. trademark registrations.

This lawsuit arises because the configuration of Defendant’s Heritage A-Line markers is alleged to be confusingly similar to the configuration denoted in the trademark registrations and the configuration of Plaintiffs’ COPIC line of markers.

 [Update 12/16/14]: This case has been settled and a final judgment entered along with a permanent injunction against the Defendant.

Final Judgment by Consent and Permanent Injunction:

Too Marker Products, Inc. et al v. Alvin and Company, Inc.

Court Case Number: 3:14-cv-00773-AC
File Date: Friday, May 09, 2014
Plaintiff: Too Marker Products, Inc., Imagination International, Inc.
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC
Defendant: Alvin and Company, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta