Oregon Trademark Litigation Update – adidas America v. Cougar Sport

07 Wednesday Oct 2015

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

Tags

Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Michael H. Simon, Unfair and Deceptive Trade Practices

adidas is back with more “Three-Stripe” litigation, this time against Cougar Sport, a New York-based clothing company selling apparel with four stripes (2 light, 2 dark). adidas has a history of attempting to expand its “Three-Stripe” trademark rights beyond, well, just three stripes. Three can also mean 2 stripes and, if adidas has its way here, 4 stripes.

The Three-Stripe mark is so famous and distinctive, as adidas frequently reminds us in its Complaint, there must certainly be an argument made that consumers would immediately recognize that 2 and 4-stripe apparel are obviously NOT adidas products.

Earlier this year, fashion designer Marc Jacobs was set to test adidas’ rights to “four stripes,” but adidas voluntarily dismissed the lawsuit shortly after filing the Complaint. Perhaps Cougar Sport should hire Marc Jacobs’ attorneys…

adidas America Inc. et al v. Cougar Sport Inc.

Court Case Number: 3:15-cv-01856-SI
File Date: Wednesday, September 30, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Cougar Sport Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution
Court: District of Oregon
Judge: Judge Michael H. Simon

Complaint:

View this document on Scribd

Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

24 Thursday Sep 2015

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, John Jelderks, State Trademark Dilution, Trade Dress Infringement, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unfair Trade Practices

adidas has a long history with Skechers. In 1994, adidas filed suit for trademark infringement over Skechers‘s Karl Kani footwear. The companies entered into a settlement agreement the following year (the “1995 Agreement,” attached below). Under this agreement, Skechers acknowledged that adidas is the exclusive owner of the THREE STRIPE DESIGN, agreed not to use the THREE STRIPE DESIGN or any mark confusingly similar thereto, and agreed to cease distribution of its KARL KANI sport shoe.

Between 2008 and 2013, adidas and Skechers allegedly entered into five separate confidential settlement agreements about infringements and dilutions of the Three-Stripe Mark. This most recent complaint from adidas claims that “notwithstanding the 1995 Agreement and the subsequent 2008-2013 Agreements–and in continuing, blatant disregard of adidas‘s rights–Skechers yet again is . . . selling footwear . . . bearing a confusingly similar imitation of the adidas Marks.”

adidas is especially aggrieved about a shoe that is (allegedly) confusingly similar to their famous Stan Smith shoe and claims that Skechers intends their “Stan Smith Knock-Off” shoe to be confusingly similar to the adidas Trade Dress and offers evidence that the Skechers website included the terms “stan smith” and “adidas original” in the source code.

adidas America Inc. et al v. Skechers USA Inc.

Court Case Number: 3:15-cv-01741-JE
File Date: Monday, September 14, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Skechers USA Inc.
Cause: Federal Trademark and Trade Dress Infringement, Federal Unfair Competition, Federal Trademark and Trade Dress Dilution, State Trademark Dilution with respect to the Three-Stripe Mark, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

Complaint:

View this document on Scribd

1995 Agreement:

View this document on Scribd

Oregon Copyright Litigation Update – Spread v. The Weinstein Company et al

14 Monday Sep 2015

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

≈ Leave a comment

Tags

Plaintiff is based in Portland, Oregon and owns the copyright in a musical work titled “I’ll Be the Light.” J.C. Penney licensed the work for use in an advertisement for a limited clothing line. The terms of the J.C. Penney license specifically excluded use of the work with DVD sales. Nevertheless, the J.C.Penney advertisement showed up on DVDs for the movie Silver Linings Playbook. This unauthorized use allegedly caused another licensee of Plaintiff (a competitor of J.C. Penney) to terminate its own license for the work.

Spread LLC v. The Weinstein Company, LLC et al

Court Case Number: 3:15-cv-01714
File Date: Thursday, September 10, 2015
Plaintiff: Spread LLC
Plaintiff Counsel: Andrea A. Selkregg of Swider Haver
Defendant: The Weinstein Company, LLC, J.C. Penney Corporation Inc., Anchor Bay Entertainment LLC, Marchesa Holdings LLC
Cause: Federal Copyright Infringement, Breach of Contract, Unjust Enrichment
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

View this document on Scribd

Oregon Litigation Update – adidas America v. Reliable Knitting Works

02 Thursday Jul 2015

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

≈ Leave a comment

Tags

Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, Federal Unfair Competition, Litigation Update, Paul Papak, State Trademark Dilution, Trademark Infringement, Unfair and Deceptive Trade Practices

Adidas has filed a trademark complaint against Reliable Knitting Works, a Wisconsin based company doing business as Reliable of Milwaukee. Adidas is alleging that Muk Luks, one of Reliable’s brands, sells a shoe that, Adidas alleges, “bears parallel stripes on the mid-foot portion of the upper in a manner likely to be confused with adidas’s famous Three-Stripe Mark.”

Adidas is asking the Court to: “(a) permanently enjoin Reliable from marketing or selling footwear bearing confusingly similar two-, three-, and four-stripe imitations of the Three-Stripe Mark; (b) award adidas monetary damages and to treble that award; (c) require Reliable to disgorge all profits from sales of the Infringing Footwear; and (d) award adidas punitive damages, attorneys’ fees, and costs.”

adidas America, Inc. et al v. Reliable Knitting Works, Inc.

Court Case Number: 3:15-cv-01217-PK
File Date: Wednesday, July 1, 2015
Plaintiff: adidas America, Inc., adidas AG
Plaintiff Counsel: Kristina J. Holm and Stephen M. Feldman of Perkins Coie, LLP
Defendant: Reliable Knitting Works, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

View this document on Scribd

June Download Cases

01 Wednesday Jul 2015

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

≈ Leave a comment

Tags

Ann L. Aiken, Automata Productions Inc., BitTorrent, Carl D. Crowell, Cobbler Nevada LLC, Copyright, Copyright Infringement, Copyright Litigation, Countryman Nevada LLC, Dallas Buyers Club LLC, Glacier Films USA Inc., Janice M. Stewart, John V. Acosta, Marco A. Hernandez, Michael H. Simon, Michael W. Mosman, Stacie F. Beckerman, Thomas M. Coffin

As there are so many, going forward we’ll simply list download cases in one monthly post rather than individual posts. Fun fact – 20 of the 21 copyright/trademark complaints filed in Oregon this month were BitTorrent download cases.

Here are the complaints filed in June 2015:

Court Case Number: 6:15-cv-00977-TC
File Date: Wednesday, June 03, 2015
Plaintiff: Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 3:15-cv-00975
File Date: Wednesday, June 03, 2015
Plaintiff: Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Stacie F. Beckerman

Court Case Number: 3:15-cv-00974
File Date: Wednesday, June 03, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Marco A. Hernandez

Court Case Number: 3:15-cv-00973
File Date: Wednesday, June 03, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Marco A. Hernandez

Court Case Number: 3:15-cv-00972
File Date: Wednesday, June 03, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael W. Mosman

Court Case Number: 3:15-cv-01043
File Date: Thursday, June 11, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01042-AC
File Date: Thursday, June 11, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01041-ST
File Date: Thursday, June 11, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01040-SB
File Date: Thursday, June 11, 2015
Plaintiff: Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Stacie F. Beckerman

Court Case Number: 3:15-cv-01039-SI
File Date: Thursday, June 11, 2015
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

Court Case Number: 6:15-cv-01080-AA
File Date: Wednesday, June 17, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01081
File Date: Wednesday, June 17, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01078
File Date: Wednesday, June 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01077
File Date: Wednesday, June 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01075
File Date: Wednesday, June 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01186-ST
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01185-ST
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01184-ST
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01183
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01182
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

5 More Cobbler Download Cases

15 Friday May 2015

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

≈ Leave a comment

Tags

BitTorrent, Copyright Infringement, Copyright Litigation, Indirect Infringement, Janice M. Stewart, Litigation Update

Carl Crowell has filed 5 more BitTorrent cases for Voltage Pictures‘ film, The Cobbler.

Cobbler Nevada LLC v. Doe

Court Case Number: 3:15-cv-00825-ST, -00826-ST, -00827-ST, -00828-ST, -00829-ST,
File Date: Thursday, May 14, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Sample Complaint:

View this document on Scribd

Another Set of Voltage Pictures Download Cases

07 Thursday May 2015

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

≈ Leave a comment

Tags

BitTorrent, Janice M. Stewart

Having already filed numerous copyright infringement claims on behalf of Voltage Pictures for the films Dallas Buyers Club and Charlie Countryman, now they’re going after downloads of The Cobbler, starring Adam Sandler and Method Man.

Cobbler Nevada LLC v. Doe

Court Case Numbers: 3:15-cv-00774-ST, -00776-ST, -00778-ST, -00779-ST
File Date: Wednesday, May 06, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Sample Complaint:

View this document on Scribd

Oregon Trademark Litigation Update – Trailers International LLC v. Xiaofei Yang

05 Tuesday May 2015

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

≈ Leave a comment

Tags

Conversion, Copyright Infringement, False Designation of Origin, Michael H. Simon, Misappropriation of Trade Secrets, Trademark Counterfeiting, Trademark Infringement, Unfair Business Practices, Unfair Competition

Vince Webb and his company, Trailers International (formerly UtilityMate), previously filed suit against Zhuhai Sharp-Group Enterprise Co. Ltd. (aka Jumbo Tools & Equipment), a Chinese trading company, for manufacturing counterfeits of its UtilityMate® and UtilitySport® trailers. Jumbo was, at one time, authorized to manufacture trailers for Webb’s company but now it is alleged that Jumbo is making and distributing counterfeits, primarily through Altocraft USA, Inc. Now, Webb is filing suit against XiaoFei Yang, president and CEO of Jumbo.

Trailers International LLC et al v. XiaoFei Yang

Court Case Number: 3:15-cv-00767-SI
File Date: Monday, May 04, 2015
Plaintiff: Trailers International LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus and Xavier A. Clark of Klarquist Sparkman LLP
Defendant:XiaoFei Yang
Cause: Copyright Infringement, Trademark Infringement, Trademark Counterfeiting, False Designation of Origin, Unfair Competition (Passing Off), Unfair Business Practices, Conversion, Trade Secret Misappropriation
Court: District of Oregon
Judge: Judge Michael H. Simon

View this document on Scribd

Oregon Trademark Litigation Update – Control Solutions v. Microdaq.com

02 Saturday May 2015

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

≈ Leave a comment

Tags

Civil Action by Private Party, Common Law Trademark Infringement, Federal False Designation of Origin, Injunctive Relief, Intentional Interference with Economic Relations, Interference with Prospective Business Advantage, Misrepresentation, Paul Papak, Remedies for Infringement, Trademark Counterfeiting, Trademark Infringement, Unlawful Trade Practices

Control Solutions is in the business of selling certified, calibrated thermometers and data “loggers,” devices that record temperature readings over time. MicroDAQ.com was allegedly running Google Adwords campaigns, such that an internet user searching on of Control Solutions’ trademarks, trade names and/or product names/numbers would receive as a search result a reference and hyperlink to MicrDAQ’s website and purchasing system instead of Control Solutions’. In March 2015, MicroDAQ.com’s sales & marketing manager replied to a cease and desist letter. In the reply, the manager admitted to running at least two such campaigns and promised to stop the campaigns. Control Solutions claims that the ad campaigns resulted in lost sales as well as lost future revenue since a portion of the company’s revenue is derived from recertifying devices sold to customers.

Control Solutions Inc. v. Microdaq.com Inc. et al

Court Case Number: 3:15-cv-00748-PK
File Date: Friday, May 01, 2015
Plaintiff: Control Solutions Inc.
Plaintiff Counsel: Gano D. Lemoine III of Lemoine Law Firm
Defendant: Microdaq.com Inc., Does 1-10
Cause: Unlawful Business/Trade Practices, Civil Action by Private Party, Trademark Counterfeiting, Remedies for Infringement, Injunctive Relief, Interference with Prospective Business Advantage, Intentional Interference with Economic Relations, Common Law Trademark Infringement, Trademark Infringement, Federal Statutory False Designation of Origin, Misrepresentation in Commercial Advertising or Promotion
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

View this document on Scribd

Another BitTorrent Download Case

01 Friday May 2015

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

≈ Leave a comment

Tags

BitTorrent, Copyright Infringement, John Jelderks, Litigation Update

Carl Crowell has filed yet another BitTorrent copyright case, this time for The Humbling, starring Al Pacino. When searching for information about this film, be careful to search for Humbling, not Humbler. This is a pretty standard BitTorrent copyright complaint filed by Crowell.

A&T SPVH, Inc. v. Doe

Court Case Number: 3:15-cv-00728
File Date: Thursday, April 30, 2015
Plaintiff: A&T SPVH, Inc.
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

View this document on Scribd

Oregon Intellectual Property Blog

Author Archives: Kenan Farrell

Oregon Trademark Litigation Update – adidas America v. Cougar Sport

adidas America Inc. et al v. Cougar Sport Inc.

Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

adidas America Inc. et al v. Skechers USA Inc.

Oregon Copyright Litigation Update – Spread v. The Weinstein Company et al

Spread LLC v. The Weinstein Company, LLC et al

Oregon Litigation Update – adidas America v. Reliable Knitting Works

adidas America, Inc. et al v. Reliable Knitting Works, Inc.

June Download Cases

5 More Cobbler Download Cases

Cobbler Nevada LLC v. Doe

Another Set of Voltage Pictures Download Cases

Cobbler Nevada LLC v. Doe

Oregon Trademark Litigation Update – Trailers International LLC v. Xiaofei Yang

Trailers International LLC et al v. XiaoFei Yang

Oregon Trademark Litigation Update – Control Solutions v. Microdaq.com

Control Solutions Inc. v. Microdaq.com Inc. et al

Another BitTorrent Download Case

A&T SPVH, Inc. v. Doe