• About
  • Contact
  • Disclaimer
  • Oregon IP Resources

Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Category Archives: Copyright

Oregon Copyright Litigation Update – Pacific Wood Ventures v. Abby Ghiassy et al

30 Monday Jun 2014

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

≈ Leave a comment

Tags

Copyright Infringement, Litigation Update, Michael J. McShane

Plaintiff, based in Bend, Oregon, alleges that Defendant, based in Corvallis, Oregon, is using renderings and text from Plaintiff’s website on Defendant’s website without authorization.

Pacific Wood Ventures LLC v. Abby Ghiassy et al

Court Case Number: 6:14-cv-01029-MC
File Date: Thursday, June 26, 2014
Plaintiff: Pacific Wood Ventures LLC
Plaintiff Counsel: Leonard D. DuBoff of The DuBoff Law Group PC
Defendant: Abby Ghiassy, Genesis Marketing LLC
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael J. McShane

View this document on Scribd

Oregon Copyright Litigation Update – Pendleton Woolen Mills v. Kraff’s Men’s Wear Co.

17 Thursday Apr 2014

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

≈ Leave a comment

Tags

Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Federal Trademark Infringement, Federal Unfair Competition, Intentional Interference with Economic Relations, Litigation Update, Paul Papak

Plaintiff is a Portland, Oregon-based designer/manufacturer/retailer of high quality wool fabrics and apparel, and is known for its unique proprietary fabric and blanket designs. Plaintiff regularly enters into sales contracts with wholesale customers, who must agree that “The Purchaser will not sell the goods or any part thereof, to another dealer or to any other reseller, and will not sell the goods through the Internet without the written consent of [Plaintiff].” The 20 John Doe defendants are wholesale customers that have signed the sales contract. None were authorized to sell to Defendant Kraff’s, the primary target of the lawsuit.

Defendant Website ScreenshotDefendant Kraff’s is a retailer operating a clothing store that markets and sells apparel, blankets, and related products in Toppenish, Washington. From approximately 1941 until 2006, Kraff’s was a wholesale customer of Plaintiff. Kraff’s has allegedly continued to purchase product from a Doe defendant after termination of their sales contract with Plaintiff, thus making them an unauthorized reseller of Plaintiff’s goods. Plaintiff brings this lawsuit with numerous copyright claims based on their distinctive designs and trademark claims based on the unauthorized use of their company name.

Stay tuned for updates.

Pendleton Woolen Mills Inc. v. Kraff’s Men’s Wear Co. Inc. et al

Court Case Number: 3:14-cv-00628-PK
File Date: Wednesday, April 16, 2014
Plaintiff: Pendleton Woolen Mills Inc.
Plaintiff Counsel: Parna A. Mehrbani, Vicki L. Smith of Lane Powell PC
Defendant: Kraff’s Men’s Wear Co. Inc., Daniel P. Johnson, John Doe Companies 1-20
Cause: Copyright Infringement, Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Intentional Interference with Economic Relations, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

View this document on Scribd

Oregon Copyright Litigation Update – Digital Sound Co. v. Audio and Video Labs

11 Friday Apr 2014

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

≈ Leave a comment

Tags

Copyright Infringement, Litigation Update, Paul Papak

Digital Sound Co. et al v. Audio and Video Labs, Inc. et al

Court Case Number: 3:14-cv-00598-PK
File Date: Thursday, April 10, 2014
Plaintiff: Digital Sound Co., Stars for Art Productions FZ LLC
Plaintiff Counsel: Christopher H. Kent, Leslie S. Johnson of Kent & Johnson LLP
Defendant: Audio and Video Labs, Inc., Martin Berz Group, Does 1-10
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

View this document on Scribd

Oregon Trade Dress Litigation Update – Marmoset v. The Music Bed

25 Tuesday Mar 2014

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

≈ 4 Comments

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Litigation Update, Michael W. Mosman, Trade Dress Infringement, Unfair Competition, Voluntary Dismissal

Plenty of thought, time and expense goes into creating a website. Therefore, it has to be pretty upsetting when a direct competitor rips off the “look and feel” of your site. Marmoset

That’s what Marmoset, a specialized boutique music agency based in Portland, Oregon, alleges of The Music Bed, a similar company in Fort Worth, Texas. Check out comparison images in the Complaint or, better yet, go visit the websites yourself.

What do you think? Are the websites too similar? Confusingly similar?

And remember, imitation is the sincerest form of flattery.

Marmoset, LLC v. The Music Bed, LLC

Court Case Number: 3:14-cv-00431-MO
File Date: Monday, March 17, 2014
Plaintiff: Marmoset, LLC
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC, Charles F. Moore of Alleman Hall McCoy Russell & Tuttle LLP
Defendant: The Music Bed, LLC
Cause: Trade Dress Infringement, Unfair Competition, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

View this document on Scribd

UPDATE 7/7/2014: A Notice of Voluntary Dismissal Without Prejudice was filed in this lawsuit on 6/6/2014. To date, there have been no discernible changes to either website.

View this document on Scribd

Oregon Copyright Litigation Update – Business Transitions v. Erik Pahlow et al

16 Monday Dec 2013

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

≈ Leave a comment

Tags

Breach of Contract, Copyright Infringement, Intentional Interference With Contract or Prospective Business Advantage, Janice M. Stewart, Litigation Update, Oregon Trade Secret Misappropriation, Permanent Injunction, Unlawful Trade Practices

This father vs. son copyright/trade secret/employment lawsuit results from the son’s desire to create a new business in competition with the father’s business. Along the way, the son (previously employed by the father’s company) has allegedly taken intellectual property, trade secrets and employees from the father’s company, all in violation of existing Confidentiality/Nondisclosure agreements and Employee policies.

Business Transitions, LLC et al v. Erik Pahlow et al

Court Case Number: 3:13-cv-02168-ST
File Date: Tuesday, December 10, 2013
Plaintiff: Business Transitions, LLC, FP Transitions, LLC
Plaintiff Counsel: David P. Rossmiller of Dunn Carney Allen Higgins & Tongue LLP
Defendant: Erik Pahlow, Salena Santibanez, Resource Group, LLC, David Grau, Jr.
Cause: Copyright Infringement, Oregon Trade Secret Misappropriation, Breach of Contract, Unlawful Trade Practices, Intentional Interference With Contract or Prospective Business Advantage, Permanent Injunction
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

View this document on Scribd

Oregon Copyright Litigation Update – Shardan International Marketing v. Diane Adams et al

07 Saturday Dec 2013

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

≈ Leave a comment

Tags

Copyright Infringement, Litigation Update, Michael H. Simon

Plaintiff, Shardan International Marketing, is a Las Vegas-based corporation that holds registered copyrights in certain works of renowned visual artist Sharie Hatchett Bohlmann (image at right).

Defendant Adams is alleged to have sold unauthorized reproductions of Bohlmann’s artwork at Sears and on Amazon, both of which are also listed as defendants.

Stay tuned for updates.

Shardan International Marketing, Inc. v. Diane Adams et al

Court Case Number: 3:13-cv-02146-SI
File Date: Friday, December 06, 2013
Plaintiff: Shardan International Marketing, Inc.
Plaintiff Counsel: Leonard D. DuBoff of The DuBoff Law Group LLC
Defendant: Diane Adams, Sears, Roebuck and Co., Amazon.com, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

View this document on Scribd

Oregon Copyright Litigation Update – Murakami-Wolf-Swenson v. Lawrence A. Cole

17 Thursday Oct 2013

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

≈ Leave a comment

Tags

Anna J. Brown, Copyright Infringement, DVD, Litigation Update, The Point

Murakami-Wolf-Swenson, Inc. v. Lawrence A. Cole et al

Here’s a blast from the past…a copyright case involving the sale of unauthorized DVDs. The film is The Point, a 1971 children’s fantasy movie narrated by Ringo Starr, with music composed and performed by Harry Nilsson.

The Complaint is interesting because it includes not only the alleged manufacturer/distributor of the DVDs but also 100 unnamed defendants. The Complaint is vague regarding the 100 Does, but “some…are willfully offering unauthorized copies of The Point for sale to the public, and have actually sold unauthorized copies.”

In case you don’t have an unauthorized DVD and can’t remember the film, here’s the Full Length Movie viewable on YouTube:

See why unauthorized DVD lawsuits are a blast from the past?

Court Case Number: 3:13-cv-01844-BR
File Date: Wednesday, October 16, 2013
Plaintiff: Murakami-Wolf-Swenson, Inc.
Plaintiff Counsel: Michael M. Ratoza of Bullivant Houser Bailey, PC
Defendant: Lawrence A. Cole, Magnum Productions LLC, Does 1-100
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Anna J. Brown

View this document on Scribd

Oregon Copyright Litigation Update – Random Lengths Publications v. Sprenger Midwest

16 Wednesday Oct 2013

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

≈ Leave a comment

Tags

Breach of Contract, Copyright Infringement, Litigation Update, Thomas M. Coffin

Random Lengths Publications, Inc. v. Sprenger Midwest, Inc.

Court Case Number: 6:13-cv-01833-TC
File Date: Tuesday, October 15, 2013
Plaintiff: Random Lengths Publications, Inc.
Plaintiff Counsel: J. Peter Staples of Chernoff Vilhauer McClung & Stenzel, LLP
Defendant: Sprenger Midwest, Inc.
Cause: Copyright Infringement, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

View this document on Scribd

Oregon Copyright Litigation Update – Twentieth Century Fox v. The Rogue Theatre

08 Tuesday Oct 2013

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

≈ Leave a comment

Tags

Copyright Infringement, Litigation Update, Owen M. Panner, Rocky Horror

This case involves a planned showing of the Rocky Horror Picture Show in Grants Pass, Oregon on October 25-26. Defendant, the Rogue Theater, has shown the film annually since at least 2010 without authorization from Plaintiff. Plaintiff has brought this lawsuit to prevent the unauthorized exhibition of the film this year.

Twentieth Century Fox Film Corporation v. The Rogue Theatre, Inc.

Court Case Number: 1:13-cv-01785-PA
File Date: Monday, October 07, 2013
Plaintiff: Twentieth Century Fox Film Corporation
Plaintiff Counsel: Clifford S. Davidson of Sussman Shank LLP
Defendant: The Rogue Theatre, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Owen M. Panner

View this document on Scribd

Oregon Copyright Litigation Update – Vortx v. ChannelAdvisor

27 Friday Sep 2013

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

≈ Leave a comment

Tags

1203(a), Circumvention of Copyright Protection System, Litigation Update, Mark D. Clarke

Here’s an interesting claim we don’t see all the time…Circumvention of Copyright Protection System. Defendant ChannelAdvisor allegedly created software computer code for the purpose of avoiding, bypassing, deactivating, or impairing Plaintiff Vortx’s licensing mechanism that controlled access to Plaintiff’s copyrighted aspdotnetstorefront software.

Vortx, Inc. v. Channeladvisor Corporation

Court Case Number: 1:13-cv-01708-CL
File Date: Wednesday, September 25, 2013
Plaintiff: Vortx, Inc.
Plaintiff Counsel: Michael A. Gehret of Snell & Wilmer, LLP
Defendant: ChannelAdvisor Corporation
Cause: Circumvention of Copyright Protection System
Court: District of Oregon
Judge: Magistrate Judge Mark D. Clarke

View this document on Scribd
← Older posts
Newer posts →

Categories

Create a free website or blog at WordPress.com.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
  • Subscribe Subscribed
    • Oregon Intellectual Property Blog
    • Join 147 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Oregon Intellectual Property Blog
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...