Category Archives: Copyright

Oregon Copyright Litigation Update – Coast Distribution System v. Buyers Products Company

25 Wednesday Sep 2013

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

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The Coast Distribution System Inc. v. Buyers Products Company

Court Case Number: 3:13-cv-01699-HZ
File Date: Tuesday, September 24, 2013
Plaintiff: The Coast Distribution System Inc.
Plaintiff Counsel: Charles H. DeVoe, David C. Bourgeau, III, Thomas James Romano of Kolish Hartwell, PC
Defendant: Buyers Products Company
Cause: Copyright Infringement, Trademark Infringement and Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

Oregon Copyright Litigation Update – EasyPower v. Operation Technology

22 Thursday Aug 2013

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

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EasyPower, LLC v. Operation Technology, Inc.

Court Case Number: 3:13-cv-01462-JE
File Date: Tuesday, August 20, 2013
Plaintiff: EasyPower, LLC
Plaintiff Counsel: John C. Rake, Susan D. Marmaduke of Harrang Long Gary Rudnick PC
Defendant: Operation Technology, Inc.
Cause: Copyright Infringement, Misappropriation of Trade Secrets
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

Oregon Copyright Litigation Update – City of Portland v. Romtec

20 Tuesday Aug 2013

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Portland

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Portland Loo v. Sidewalk ToiletThe first Portland Loo was installed on December 8, 2008, “to enormous media attention.” Portland has used the Loo to capitalize on its reputation as a “green” innovator and has sold the Loo to various municipalities including: Ketchikan Gateway Borough, Alaska, and Victoria and Nanaimo in British Columbia, Canada. The City is currently negotiating to sell Portland Loos to Esquimalt, British Columbia, San Diego, California, and Seattle, Washington.

In January 2013, Portland city officials were informed by an official with the City of Cincinnati, that Defendant Romtec was manufacturing and marketing for sale a restroom substantially and strikingly similar to the Portland Loo called the “Sidewalk Restroom.” Romtec first introduced its Sidewalk Restroom in late 2012.

Portland alleges that Romtec’s Sidewalk Restroom is “substantially and strikingly similar to the distinctive Portland Loo in its total overall expression, appearance, configuration, size, description, and promotion and features key elements that appear to have been copied from the Protected Work including, but not limited to: (a) the placement, size, position, and dimensions of its louvers; (b) the choice of metal wall panels; (c) use of an anti-graffiti powder coating; (d) the stripped down plumbing that facilitates its set-in-place installation; (e) placement of the sink on the exterior of the unit; and (f) dedicated space for art and advertising.”

This lawsuit was brought by Portland to prevent the sale of the Sidewalk Restroom. More background is included in the Complaint (below). Stay tuned for updates.

City of Portland Oregon v. Romtec, Inc.

Court Case Number: 3:13-cv-01453-MO
File Date: Monday, August 19, 2013
Plaintiff: City of Portland Oregon
Plaintiff Counsel: Lisa M. Gramp – Attorney at Law
Defendant: Romtec, Inc.
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, False Designation of Origin, Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Dilution, Oregon Uniform Trade Practices Act
Court: District of Oregon
Judge: Judge Michael W. Mosman

Oregon Art Litigation Update – Independence Collection v. Tala Madani

13 Tuesday Aug 2013

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

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A renowned Iranian-born artist and Oregon State graduate is in a legal battle to prevent the sale of 114 of her paintings found at a storage locker auction.

Tala Madani attended Oregon State University, obtaining a BFA in Visual Arts and BA in Political Science in 2004, prior to obtaining her MFA from Yale University in 2006. While at Oregon State, Madani was awarded the President’s Award for Excellence in Art. Like many undergraduates headed off to graduate school, sometime between Corvallis and New Haven, Madani stashed her belongings in a storage locker at Polk County Storage in Independence, Oregon, including 114 paintings, some dating back to when Madani was in 6th grade.

Subsequently (dates aren’t included in the Complaint), Madani failed to maintain payments for the storage locker and the contents were sold at auction.

Brad Daily and Mike Claxton, principals of Independence Collection (“Independence”), won the contents of Madani’s locker at a storage locker auction.  Upon examining the contents of their new locker, Independence discovered the 114 paintings, along with other personal items, including photo ID cards, personal photographs and negatives and a handwritten journal.

The Complaint indicates Independence “contacted [Madani] in an attempt to return the personal items.” They also “discussed the return of several of the paintings believed to be of notable value, but negotiations quickly degenerated.”

Apparently unable to successfully transfer the paintings back to Madani, Independence then made several attempts to sell the paintings. However, they were repeatedly thwarted by Madani, who has claimed that any sale, in addition to criminal penalties, would subject Independence and complicit auction houses to claims under the Visual Artists Rights Act. As such, Independence has brought this lawsuit to obtain a Declaratory Judgment of Ownership (and right to sell) the Madani paintings.

Stay tuned for updates.

Independence Collection, LLC v. Tala Madani

Court Case Number: 6:13-cv-01397-MC
File Date: Sunday, August 11, 2013
Plaintiff: Independence Collection, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Tala Madani
Cause: Declaratory Relief – Quiet Title, Injunctive Relief – Non-Interference, Declaratory Relief – 17 USC 106A
Court: District of Oregon
Judge: Judge Michael J. McShane

Declaratory Judgment of Ownership:

Oregon Senate Bill 528 Allows State Agencies to Hold and Obtain Intellectual Property

18 Thursday Jul 2013

Posted by in Copyright, Intellectual Property, Legislation, Oregon, Patent

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Oregon Senate Bill 528 was signed into law by Governor Kitzhaber on June 24, 2013. The text of the final version of the law can be viewed here: https://olis.leg.state.or.us/liz/2013R1/Measures/Text/SB528/Enrolled.

The revised law permits the Secretary of State, the State Treasurer, the judicial department, and the legislative department to hold copyrights and obtain patents on “data processing materials” (i.e., software), and license such rights to local, state, and federal governmental bodies.

 

Oregon Copyright Litigation Update – Random Lengths Publications v. Bridgewell Resources

27 Thursday Jun 2013

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Random Lengths Publications, Inc. v. Bridgewell Resources LLC

This copyright lawsuit involves two Oregon companies. Defendant is alleged to have distributed unauthorized copies of one or more Plaintiff’s “Reports” by retransmitting one or more of the Reports subscribed to at a licensed Tigard location to third parties and/or unlicensed locations.

Stay tuned for updates.

Court Case Number: 3:13-cv-01077-HU
File Date: Wednesday, June 26, 2013
Plaintiff: Random Lengths Publications, Inc.
Plaintiff Counsel: J. Peter Staples, Susan D. Pitchford of Chernoff Vilhauer LLP
Defendant: Bridgewell Resources LLC
Cause: Copyright Infringement, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Dennis J. Hubel

Oregon Copyright Litigation Update – EGO Originals v. Chico’s FAS

14 Friday Jun 2013

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EGO Originals, Inc. v. Chico’s FAS, Inc.

Court Case Number: 6:13-cv-00986-TC
File Date: Thursday, June 13, 2013
Plaintiff: EGO Originals, Inc.
Plaintiff Counsel: Leonard D DuBoff of The DuBoff Law Group, LLC
Defendant: Chico’s FAS, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Oregon Copyright Litigation Update – Voltage Pictures v. Doe Adult Son

23 Thursday May 2013

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Voltage Pictures, LLC v. Doe Adult Son

Court Case Number: 3:13-cv-00867-SI
File Date: Wednesday, May 22, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Doe Adult Son
Cause: Copyright Infringement
Court: Oregon District Court
Judge: Judge Michael H. Simon

 

See other Oregon Download Cases.

Oregon Copyright Litigation Update – Voltage Pictures v. Jim Choi

22 Wednesday May 2013

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Voltage Pictures, LLC v. Jim Choi

Court Case Number: 3:13-cv-00855-MO
File Date: Tuesday, May 21, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Jim Choi
Cause: Copyright Infringement
Court: Oregon District Court
Judge: Judge Michael W. Mosman

See other Oregon Download Cases.

Crave Bake Shop Changes Name, Settles Trademark Lawsuit

21 Tuesday May 2013

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Portland

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Two months ago, Lake Oswego-based Crave Bake Shop filed a Declaratory Judgment of Non-Infringement action to preserve the right to use the “Crave” trademark in connection with gluten-free baked goods. A settlement has apparently been reached with San Francisco-based Crave bakery and Crave Bake Shop will now become Kyra’s Bake Shop.

More information, including background on the parties, is available from the Portland Tribune. While the terms of the settlement are undisclosed, Kyra Bussanich, owner of Crave Bake Shop, provides some insight into her future naming plans.

“The new name will start transitioning this summer…With my cookbook about to be released and our new line of dry mixes and the expansion plans on the horizon, I want to funnel all the goodwill I have built up to be associated with my new Kyra’s Bake Shop name as I move forward. Of course, I will retain the trademark on Crave Bake Shop and the website until people are used to KBS.”

Notice of Dismissal: