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Author Archives: Kenan Farrell

Oregon Trail Owners Sue Zynga, Maker of Frontierville

20 Friday May 2011

Posted by Kenan Farrell in Copyright, Intellectual Property, Litigation, Oregon, Trademark

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Interesting IP litigation story from Kotaku:

The May 30 launch of an “Oregon Trail” expansion pack in the popular Facebook game Frontierville has caught notice of the company holding the copyright to the edutainment classic, and it has sued to put a stop to the plans of Frontierville maker Zynga.

The lawsuit, filed by The Learning Company in federal court in Massachusetts, alleges that Zynga cut a trailer for its “Oregon Trail” missions (above) that highlights similarities between them and the The Oregon Trail notably “setting up a wagon, provisioning, hunting, fording rivers, and helping others.” For the record, the trailer refers not to dysentery but “the Rocky Mountain Scoots.”

[Yes, the lawsuit is going on in Massachusetts but I couldn’t avoid mentioning it here.]

Full Complaint:

View this document on Scribd

Check out Gamasutra for more details.

Portland-based iPhone Apps

13 Thursday Jan 2011

Posted by Kenan Farrell in Oregon

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Portland iPhone apps

Be sure to check out Cynthia’s great review of Portland-related iPhone apps. In particular, the Civic apps provide a valuable resource that could be easily adopted by other Oregon urban centers.

Check out Cynthia’s blog for the full story.

Oregon Patent Litigation Update – Digimarc v. Shazam

11 Tuesday Jan 2011

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

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Digimarc v. Shazam

The Digimarc v. Shazam patent ligitation filed back in November 2009 has been dismissed while the parties discuss ways to work together. The parties recognize they have a number of mutual commercial interests and have agreed it is best not to have the distraction and expense of a lawsuit as they explore possible synergistic opportunities.

Patent litigation gets expensive, eh? I could have told them that from the beginning…

Source: Market Watch

Oregon’s Kettle Foods, Nike Jordan are ‘Hottest Brands’

05 Wednesday Jan 2011

Posted by Kenan Farrell in Oregon, Trademark

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Jet Blue, Kettle Foods, Pepto Bismol, Trademark

Two of Advertising Age’s “Hottest Brands of the Year” are linked to Oregon companies, the industry publication announced recently.

Salem-based Kettle Foods and Nike’s Jordan brand were singled out for the annual acknowledgement, which singled out 40 brands for success in 2009 — everything from Pepto Bismol to airline Jet Blue.

Kettle earned its nod for record growth and marketing innovation, for which the company credited its long-standing public relations firm, Maxwell PR.

“As our primary marketing engine public relations has done the heavy lifting for Kettle Brand,” Michelle Hunt, vice president of marketing for Kettle Foods, said in a statement. “With a limited budget and the bar set high, Maxwell has continued to keep the brand fresh and our fans engaged – and it’s paid off with significant and sustained growth.”

Keith Houlemard, president of Beaverton-based Nike’s Jordan brand, was singled out for his leadership of the business unit.

Since deciding to drop Nike’s trademark Swoosh from its sneakers more than a decade ago, the brand has grown to dominate the high-end basketball market, Ad Age reported.

Source: Portland Business Journal

Oregon Trademark Litigation Update – Pepsico v. Su Casa Imports

01 Thursday Apr 2010

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

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Ancer L. Haggerty, Federal Unfair Competition, Pepsico, Su Casa Imports, Trademark Infringement, Unfair Competition

Court Case Number: 3:10-cv-00330-HA
File Date: Thursday, March 25, 2010
Plaintiff: Pepsico, Inc.
Plaintiff Counsel: J. Peter Staples of Chernoff Vilhauer McClung & Stenzel LLP
Defendant: Su Casa Imports, Inc.
Cause(s): Federal Trademark Infringement, Federal Unfair Competition, Oregon Trademark Infringement and Unfair Competition
Court: Oregon District Court
Judge: Judge Ancer L. Haggerty

…

Please leave a comment if you’d like a full copy of the complaint.

Google denied Nexus One trademark registration

19 Friday Mar 2010

Posted by Kenan Farrell in Intellectual Property, Oregon, Trademark

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Integra Telecom, Nexus One, Trademark

It’s been a rough day for Google’s Android phone, the Nexus One. Initial sales have been far weaker than the iPhone saw when it first came out of the gate. Now it’s being reported that the U.S. Patent and Trademark Office has rejected its application for a trademark on the name Nexus One.

The name “Nexus One” was ruled too close to Portland, Oregon-based Integra Telecom‘s own registered trademark for its Nexus fixed bandwidth integrated voice and internet T1 product.

For the full story, check out ReadWriteWeb.

Oregon Trademark Litigation Update – NetBiz v. Global Market Exposure Corp.

19 Friday Mar 2010

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

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Court Case Number: 3:10-cv-00265-HU
File Date: Friday, March 12, 2010
Plaintiff: NetBiz, Inc.
Plaintiff Counsel: Daniel P. Larsen, Stacey E. Mark of Ater Wynne, LLP
Defendant: Global Market Exposure Corp., Alex Lockwood
Causes: Breach of Noncompete Agreement, Defamation, Federal Unfair Competition and False Advertising, State Trademark Infringement, State Trademark Dilution, State Unfair Competition, Tortious Interference,
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel

Please leave a comment if you’d like a copy of the full complaint.

Oregon Senator Demands IP Treaty Details

21 Thursday Jan 2010

Posted by Kenan Farrell in Copyright, Federal Initiatives, Intellectual Property, Legislation, Oregon

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Anti-Counterfeiting, Digital Copyright, Ron Wyden

That a U.S. senator must ask a federal agency to share information regarding a proposed and “classified” international anti-counterfeiting accord the government has already disclosed is alarming. Especially when the info has been given to Hollywood, the recording industry, software makers and even some digital-rights groups.

Sen. Ron Wyden (D-Oregon) is demanding that U.S. Trade Representative Ron Kirk confirm leaks surrounding the unfinished Anti-Counterfeiting Trade Agreement, being negotiated largely between the European Union and United States. Among other things, Wyden wants to know if the deal creates international guidelines that mean consumers lose internet access if they are believed to be digital copyright scofflaws.

The ACTA negotiating nations include Australia, Canada, European Union states, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States. They are to meet Jan. 25 in Mexico City.

Click here for full story.

Source: Wired.com

Oregon Patent Litigation Update – Digimarc v. Shazam

18 Wednesday Nov 2009

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

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Bruce Davis, Digimarc, Shazam

Digimarc Corporation has filed a complaint for patent infringement against Shazam Entertainment, Ltd. According to Shazam, it is the world’s leading mobile music discovery provider, used by more than 50 million people in over 150 countries. Digimarc asserts that Shazam’s music identification technology infringes three of Digimarc’s patents, including two patents dating back to 1995. Digimarc’s patents relate to technology that enables devices to identify audio and visual content and immediately link the consumer to associated internet services.

“We prefer negotiated business relations over litigation, but having not made progress in initiating such discussions, we are heading to court to enforce our patents,” stated Bruce Davis, chairman and CEO of Digimarc. “While we are comfortable seeking help from the courts to enforce our intellectual property rights where they are not properly respected, our general approach is to foster adoption of our technologies by establishing mutually profitable business relationships in which we receive fair consideration for our innovations while supporting continued progress toward the realization of a shared vision.” Digimarc has invented a range of technologies that employ cameras, microphones and other sensors to enable instant identification of all forms of media content. The contextual awareness of the phone combined with instant object identification enables new, more efficient and higher quality methods to search without text input. Applications like Shazam use Digimarc’s innovations to provide more intuitive means for users to search for and get delivery of rich Internet experiences.


Please leave a comment with your contact information if you’d like a copy of the full complaint.

Source: EarthTimes

Oregon claims copyright in the public record (again)

04 Wednesday Nov 2009

Posted by Kenan Farrell in Copyright, Legislation, Oregon

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Attorney General, Boing, Copyright

You may recall last year that the state of Oregon tried to claim copyright in preventing others from republishing Oregon laws. Well, they’re at it again.  Now, Oregon’s Attorney General is claiming copyright on the Attorney General’s Public Record and Public Meeting Manual.

See Boing Boing for the full story (and video).

oregon

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