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Category Archives: District of Oregon

Oregon Trademark Litigation Update – Idylwilde v. Umpqua Feather Merchants

13 Wednesday Nov 2013

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

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Breach of Fiduciary Duty, Common Law Trademark Infringement, Common Law Unfair Competition, Conversion, Federal False Designation of Origin, Federal Unfair Competition, Intentional Interference with Contracts and Prospective Economic Advantage, Litigation Update, Marco A. Hernandez, Misappropriation of Trade Secrets, Trade Dress Infringement, Trademark and Trade Dress Dilution, Unjust Enrichment

Portland-based Idylwilde designs, manufactures, markets, brands, and sells flies for the global fly fishing industry. According to the Complaint, “Idylwilde sells to a very sophisticated buyer of flies where the stylized portrayal of insect species, sex, and maturity level of the hatch make a difference the customer is willing to pay for based on the fly designer’s style.”

The Complaint is long but it has a little bit of everything so it’s worth a read. This will be an interesting case to monitor.

Idylwilde, Inc. et al v. Umpqua Feather Merchants, LLC et al

Court Case Number: 3:13-cv-02009-HZ
File Date: Tuesday, November 12, 2013
Plaintiff: Idylwilde, Inc., Zach Mertens
Plaintiff Counsel: Katherine R. Heekin of The Heekin Law Firm
Defendant: Umpqua Feather Merchants, LLC, Mirabel, Inc., Bien Tan, Does 1 through 10, Inclusive
Cause: Trade Dress Infringement, Federal False Designation of Origin, and Unfair Competition, Trademark and Trade Dress Dilution, Common Law Trademark Infringement, Misappropriation of Trade Secrets, Intentional Interference with Contracts and Prospective Economic Advantage, Breach of Fiduciary Duty, Conversion, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

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Oregon Trademark Litigation Update – All Care in Home Support Service v. Mid Rogue Independent Physician Association

12 Tuesday Nov 2013

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

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Cancellation of Federal Trademark Registrations, Common Law Trademark Infringement and Unfair Competition, Federal Unfair Competition, Litigation Update, Oregon State Trademark Infringement, Owen M. Panner

All Care in Home Support Service, Inc. v. Mid Rogue Independent Physician Association, Inc.

Court Case Number: 1:13-cv-02004-PA
File Date: Monday, November 11, 2013
Plaintiff: All Care in Home Support Service, Inc.
Plaintiff Counsel: Peter E. Heuser, Matthew R. Wilmot of Schwabe Williamson & Wyatt PC
Defendant: Mid Rogue Independent Physician Association, Inc.
Cause: Federal Unfair Competition, Oregon State Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Cancellation of Federal Trademark Registrations
Court: District of Oregon
Judge: Judge Owen M. Panner

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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

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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

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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

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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

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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

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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 Trademark Litigation Update – Hinrichs, Proudfoot and Skov v. McBassi and Company

08 Tuesday Oct 2013

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

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Anna J. Brown, Litigation Update, Trademark Infringement, Unfair Competition

Hinrichs, Proudfoot and Skov, Inc. v. McBassi and Company, Inc.

Court Case Number: 3:13-cv-01784
File Date: Monday, October 07, 2013
Plaintiff: Hinrichs, Proudfoot and Skov, Inc.
Plaintiff Counsel: Kevin M. Hayes of Klarquist Sparkman, LLP
Defendant: McBassi and Company, Inc.
Cause: Unfair Competition, Trademark Infringement
Court: District of Oregon
Judge: Judge Anna J. Brown

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Oregon Trademark Litigation Update – Pacific Cargo Control v. Quality Chain Corporation

02 Wednesday Oct 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Michael W. Mosman, Unfair Competition, Unlawful Trade Practices

Pacific Cargo Control, Inc. v. Quality Chain Corporation

Court Case Number: 3:13-cv-01750-MO
File Date: Tuesday, October 01, 2013
Plaintiff: Pacific Cargo Control, Inc.
Plaintiff Counsel: Hillary A. Brooks, Delfina S. Homen of Marger Johnson & McCollom, PC
Defendant: Quality Chain Corporation
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition, Unlawful Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Federal Court to Remain Open Despite Government Shutdown

01 Tuesday Oct 2013

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

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Despite the federal government shutdown currently in effect, the U.S. District Court for the District of Oregon (where all Oregon IP cases occur) will remain open, at least for 10 days. Check back on October 11.

With budget negotiations continuing in Congress, there have been numerous media accounts of a possible government shutdown as of October 1, 2013. In the event of a Federal Government shutdown on October 1, 2013, the United States District Court for the District of Oregon will continue to be fully operational on and after October 1, 2013, until further notice. For the first 10 business days of a government shutdown, the Judiciary will fund full operations using funds derived from fee accounts and no-year appropriations. There will be no change in Court hours or services. All proceedings and deadlines remain in effect as scheduled, unless otherwise advised. Case Management/Electronic Case Files (CM/ECF) will continue to be fully functional.

If no agreement is reached to fund government activities within the first 10 business days of October, the Court will reassess its situation and provide further guidance.

Oregon Copyright Litigation Update – Vortx v. ChannelAdvisor

27 Friday Sep 2013

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

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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

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

25 Wednesday Sep 2013

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Functionality, Litigation Update, Marco A. Hernandez, Trademark Infringement and Unfair Competition

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

View this document on Scribd
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