Tags
Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Michael W. Mosman
The Plaintiff in this action, Willamette View, is a 60-year old continuing care retirement community in Portland, Oregon. Plaintiff owns no federal or state trademark registrations.
Since 1967, the Defendant, Willamette View Foundation, has provided financial management and fiduciary services to Plaintiff’s senior residents.
From its founding in 1967 through January 2016, Willamette View Foundation used its corporate name, Willamette View Foundation, as the trade name with which it held itself out to and conducted business with the public. In February 2016, it began using a new trade name, The Residents Foundation–Willamette View. While there is almost certainly more going on behind the scenes between these two related-but-unrelated organizations, that name change set the stage for the current trademark dispute.
In addition to the trademark quarrel, the Plaintiff asserts that the Defendant may also be in violation of Oregon’s Banking Act.
Willamette View, Inc. v. Willamette View Foundation dba The Residents Foundation-Willamette View
Court Case Number: 3:16-cv-00778-MO
File Date: Wednesday, May 4, 2016
Plaintiff: Willamette View, Inc.
Plaintiff Counsel: Stuart R. Dunwood, Kaley L. Fendall of Davis Wright Tremaine
Defendant: Willamette View Foundation d/b/a The Residents Foundation-Willamette View
Cause: False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael W. Mosman
Complaint:
Oregon Intellectual Property Blog 