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Author Archives: Kenan Farrell

Death by 1000 Patent Lawsuits: Amazon Sued Again

28 Friday Oct 2011

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Patent

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Amazon

Amazon.com, the world’s biggest online retailer, was hit with more intellectual property lawsuits in the third quarter.

In its quarterly earnings report filed yesterday with the U.S. Securities & Exchange Commission, Amazon, No. 1 in the Internet Retailer Top 500 Guide, revealed that the company is now battling 18 separate intellectual property lawsuits, including eight filed in September. Among those is a case filed in Oregon District Court…Select Retrieval Inc. filed a lawsuit for infringement of a patent for data display software with actions and links that are integrated with various types of data.

Amazon is going to have to do some serious sales this holiday season to cover those legal fees. Ouch.

See Internet Retailer for more info and full list of lawsuits.

Voodoo Doughnuts featured on the USPTO Facebook Page

24 Monday Oct 2011

Posted by Kenan Farrell in Intellectual Property, Oregon, Trademark

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Portland, Voodoo Doughnuts

Pretty cool to see Portland’s own Voodoo Doughnuts featured on the United States Patent and Trademark Office’s Facebook Page today for “Creepy IP.”

There’s nothing creepy about the savviness with which Voodoo has been protecting their trademarks. Check out their expanding portfolio:

I wonder if they’ve tried to protect the pink box.

 

Stories from the Week that Was – 10/16-10/22/11

23 Sunday Oct 2011

Posted by Kenan Farrell in Privacy, Social Media, Trade Secret, Trademark

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Facebook, Obama

Stories from the Week that Was – 10/16-10/22/11

McDonald’s sues China trademark body over logo dispute

Chinese man pleads guilty for U.S. trade secret theft

Obama announces full withdrawal from Iraq

NATO Commander Announces End to Libyan War Over Facebook

How Recruiters Use Social Networks to Screen Candidates

“The idea of copyright did not exist in ancient times, when authors frequently copied other authors at length in works of non-fiction. This practice was useful, and is the only way many authors’ works have survived even in part.” Richard Stallman

Stories from the Week that Was – 10/9-10/15/11

16 Sunday Oct 2011

Posted by Kenan Farrell in Social Media

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Facebook, Netflix

Stories from the Week that Was – 10/9-10/15/11

Legal Sector Shed 1,300 Jobs in September

Netflix Abandons Qwikster DVD Plan

Are Facebook ID Cards In Our Future?

“The primary objective of copyright is not to reward the labor of authors, but ‘[t]o promote the Progress of Science and useful Arts.’ To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art.”

Justice Sandra Day O’Connor
Feist Publications, Inc. v. Rural Telephone Service Co.
499 US 340, 349 (1991)

Oregon Trademark Litigation Update – Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

14 Friday Oct 2011

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Declaratory Judgment as to Damages, Declaratory Judgment of Non-Infringement

Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

Plaintiff Hearthside Food Solutions, the “largest privately-owned bakery in the United States,” has turned to the Oregon federal judiciary for assistance in sorting out a trademark dispute with the widow of Yogi Bhajan. Facing accusations of infringement from the widow and unable to successfully negotiate an amicable compromise, Plaintiff has filed for a Declaratory Judgment of Non-Infringement for their PEACE CEREAL, GOLDEN TEMPLE and YOGI marks.

We’ll have to wait for Defendant’s Answer/Counterclaims for more information but this case probably arises from the larger dispute over “The Fight For Yogi Bhajan’s Empire.”  Marketing moves quicker than legal it seems as Plaintiff has already moved to rebrand its Yogi brand products:

The full Complaint is below. Stay tuned to the Oregon Intellectual Property Law Blog for updates as the case proceeds.

“If you want to learn something, read about it.
If you want to understand something, write about it.
If you want to master something, teach it.” Yogi Bhajan

Court Case Number:    3:11-cv-01238-HU
File Date:    Thursday, October 13, 2011
Plaintiff:     Hearthside Food Solutions, LLC
Plaintiff Counsel:     Kenneth R. Davis, II, Parna A. Mehrbani of Lane Powell, PC
Defendant:     Bibiji Inderjit Kaur Puri
Cause:     Declaratory Judgment of Non-Infringement of the Peace Mark; Declaratory Judgment of Non-Infringement of the Golden Temple Mark; Declaratory Judgment of Non-Infringement of the Yogi Mark
Court:    Oregon District Court
Judge:     Magistrate Judge Dennis J. Hubel

View this document on Scribd

Oregon Trademark Litigation Update – Hearthside Food Solutions v. Bibiji Inderjit Kaur Puri

14 Friday Oct 2011

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Trademark

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Declaratory Judgment of Non-Infringement, Dennis J. Hubel, Kenneth R. Davis, Parna A. Mehrbani, Trademark Infringement

Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

Court Case Number: 3:11-cv-01238-HU
File Date: Thursday, October 13, 2011
Plaintiff: Hearthside Food Solutions, LLC                                                                   Plaintiff Counsel: Kenneth R. Davis, II, Parna A. Mehrbani of Lane Powell, PC
Defendant: Bibiji Inderjit Kaur Puri
Cause: Trademark Infringement, Declaratory Judgment of Non-Infringement
Court: District Court of Oregon
Judge: Magistrate Judge Dennis J. Hubel

View this document on Scribd

Stories from the Week that Was – 10/2-10/8/11

09 Sunday Oct 2011

Posted by Kenan Farrell in Patent

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Occupy Wall Street

Stories from the Week that Was – 10/2-10/8/11

Computer Virus Hits U.S. Drone Fleet

Survival Guide for Citizens in a Revolution

Patent Reform without Congress

Patent Troll Says Anyone Using WiFi Infringes; Won’t Sue Individuals ‘At This Stage

First ‘Official’ Statement from the Occupy Wall Street Movement

“A great trademark is appropriate, dynamic, distinctive, memorable and unique.” – Primo Angeli

Oregon Trademark Litigation Update – Christopher Douglas v. Leigh Keno

07 Friday Oct 2011

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Anna J. Brown, Thomas Freedman, Trademark Infringement, Unfair Competition, Unfair Trade Practices

Christopher Douglas v. Leigh Keno et al

Court Case Number: 3:11-cv-01204-BR
File Date: Thursday, October 06, 2011
Plaintiff: Christopher Douglas
Plaintiff Counsel: Thomas Freedman, Jr. of Pearl Law LLC
Defendant: Leigh Keno, Leslie Keno, Theodore Alexendar USA, Inc
Cause: Trademark Infringement (Lanham Act), Unfair Competition, Unfair Trade Practices
Court: District Court of Oregon
Judge: Judge Anna J. Brown

View this document on Scribd

Oregon Trademark Litigation Update – Slep-Tone Entertainment v. J&W

07 Friday Oct 2011

Posted by Kenan Farrell in Trademark

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Michael H. Simon, Robert R. Harrison, Slep-Tone Entertainment Corporation, Trademark Infringement, Unfair Competition, Unlawful Trade Practices

Slep-Tone Entertainment Corporation v. J&W LLC et al

Court Case Number: 3:11-cv-01205-SI
File Date: Thursday, October 06, 2011
Plaintiff: Slep-Tone Entertainment Corporation
Plaintiff Counsel: Robert R. Harrison of Ladenberg Law
Defendant: J&W LLC, Ambassador, Inc., SP1 LLC, Dewar, LLC, Chopsticks Restaurant, Inc., San Hwa Enterprises, Inc., T 88 Inc., Orfal’s Inc., Mobile DJ Karaoke LLC, Jared Ritzer, Stephan Kmetova, Suzanne Kmetova, Jason Taylor, Mike Kunze, Ladd Hill Muzik LLC, Douglas Wyman, Clarice Wyman, Jimmy Lund, Anthony Starkweather, Jody Graen, James Adams, Oscar Colores, Miguel Tapia, Kevin Keller, Kim Keller, Mitch Brown, Bobby Brown, Danny Chavez, Eric Klinger, Roxanne Klinger, Martin Simpson
Cause: Trademark Infringement, Unfair Competition, Unlawful Trade Practices
Court: District Court of Oregon
Judge: Judge Michael H. Simon

View this document on Scribd

Zynga files Answer and Counterclaims in Oregon Trail Lawsuit

17 Friday Jun 2011

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Oregon Trail, The Learning Company, Zynga

Zynga has filed Answer and Counterclaims in their lawsuit with The Learning Company, makers of the Oregon Trail. Long story short, Zynga denies everything and asks for a Declaratory Judgement of Non-Infringement. They claim their use of the term “Oregon Trail” was a descriptive and fair use. Take a look for yourself below:

View this document on Scribd

[Update 10/26/11: There’s been no action in the courts on this case since an August 5 conference was cancelled. Stay tuned for updates. Perhaps the Oregon Trail was not a popular Frontierville expansion?]

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