Category Archives: District of Oregon

Oregon Trademark Litigation Update – Legacy Health v. Legacy Health Group

13 Sunday Nov 2011

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

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Legacy Health v. Legacy Health Group, LLC et al

Legacy Health, an Oregon nonprofit corporation (Plaintiff), has been a high-quality provider of medical services in the Portland area for over two decades. In this case, they hope to prevent the defendants, a Utah-based LLC and related parties, from using the LEGACY mark in connection with homeopathic diet products.

Court Case Number: 3:11-cv-01327-BR
File Date: Friday, November 04, 2011
Plaintiff: Legacy Health
Plaintiff Counsel: Randolph C. Foster, Steven E. Klein of Stoel Rives LLP
Defendant: Legacy Health Group, LLC; Charlie Wayne Estes; DOES 1 through 25
Cause: Trademark Infringement; False Advertising and Unfair Competition; Cyberpiracy; Violation of Washington Consumer Protection Act
Court: District Court of Oregon
Judge: Judge Anna J. Brown

Oregon Copyright Litigation Update – Danger Ninja Productions v. Estee Lauder

04 Friday Nov 2011

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

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Danger Ninja Productions et al v. Estee Lauder Companies, Inc. et al

Plaintiff, a Portland-based photographer, alleges that cosmetic giant Estee Lauder used one of his images (DRIPPING BLACK…see below) without authorization on magazine covers and in connection with in-store campaigns.

Can you spot Daniel Hoyt’s image in the MAC ad below?

Court Case Number: 3:11-cv-01321-PK
File Date: Thursday, November 03, 2011
Plaintiff: Danger Ninja Productions, Daniel Hoyt
Plaintiff Counsel: Kurt M. Rylander, Mark E. Beatty of Rylander & Associates PC
Defendant: Estee Lauder Companies, Inc.
Make-Up Art Cosmetics, Inc.
M.A.C. Cosmetics, Inc.
Cause: Copyright Infringement, Copyright Misattribution, DMCA Violation, Unfair Trade Practices
Court: District Court of Oregon
Judge: Magistrate Judge Paul Papak

Related story: Evelyn Lauder dead at 75

Death by 1000 Patent Lawsuits: Amazon Sued Again

28 Friday Oct 2011

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

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Amazon.com, the world’s biggest online retailer, was hit with more intellectual property lawsuits in the third quarter.

In its quarterly earnings report filed yesterday with the U.S. Securities & Exchange Commission, Amazon, No. 1 in the Internet Retailer Top 500 Guide, revealed that the company is now battling 18 separate intellectual property lawsuits, including eight filed in September. Among those is a case filed in Oregon District Court…Select Retrieval Inc. filed a lawsuit for infringement of a patent for data display software with actions and links that are integrated with various types of data.

Amazon is going to have to do some serious sales this holiday season to cover those legal fees. Ouch.

See Internet Retailer for more info and full list of lawsuits.

Oregon Trademark Litigation Update – Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

14 Friday Oct 2011

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Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

Plaintiff Hearthside Food Solutions, the “largest privately-owned bakery in the United States,” has turned to the Oregon federal judiciary for assistance in sorting out a trademark dispute with the widow of Yogi Bhajan. Facing accusations of infringement from the widow and unable to successfully negotiate an amicable compromise, Plaintiff has filed for a Declaratory Judgment of Non-Infringement for their PEACE CEREAL, GOLDEN TEMPLE and YOGI marks.

We’ll have to wait for Defendant’s Answer/Counterclaims for more information but this case probably arises from the larger dispute over “The Fight For Yogi Bhajan’s Empire.”  Marketing moves quicker than legal it seems as Plaintiff has already moved to rebrand its Yogi brand products:

The full Complaint is below. Stay tuned to the Oregon Intellectual Property Law Blog for updates as the case proceeds.

“If you want to learn something, read about it.
If you want to understand something, write about it.
If you want to master something, teach it.” Yogi Bhajan

Court Case Number:    3:11-cv-01238-HU
File Date:    Thursday, October 13, 2011
Plaintiff:     Hearthside Food Solutions, LLC
Plaintiff Counsel:     Kenneth R. Davis, II, Parna A. Mehrbani of Lane Powell, PC
Defendant:     Bibiji Inderjit Kaur Puri
Cause:     Declaratory Judgment of Non-Infringement of the Peace Mark; Declaratory Judgment of Non-Infringement of the Golden Temple Mark; Declaratory Judgment of Non-Infringement of the Yogi Mark
Court:    Oregon District Court
Judge:     Magistrate Judge Dennis J. Hubel

Oregon Trademark Litigation Update – Hearthside Food Solutions v. Bibiji Inderjit Kaur Puri

14 Friday Oct 2011

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

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Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

Court Case Number: 3:11-cv-01238-HU
File Date: Thursday, October 13, 2011
Plaintiff: Hearthside Food Solutions, LLC                                                                   Plaintiff Counsel: Kenneth R. Davis, II, Parna A. Mehrbani of Lane Powell, PC
Defendant: Bibiji Inderjit Kaur Puri
Cause: Trademark Infringement, Declaratory Judgment of Non-Infringement
Court: District Court of Oregon
Judge: Magistrate Judge Dennis J. Hubel

Oregon Trademark Litigation Update – Christopher Douglas v. Leigh Keno

07 Friday Oct 2011

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

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Christopher Douglas v. Leigh Keno et al

Court Case Number: 3:11-cv-01204-BR
File Date: Thursday, October 06, 2011
Plaintiff: Christopher Douglas
Plaintiff Counsel: Thomas Freedman, Jr. of Pearl Law LLC
Defendant: Leigh Keno, Leslie Keno, Theodore Alexendar USA, Inc
Cause: Trademark Infringement (Lanham Act), Unfair Competition, Unfair Trade Practices
Court: District Court of Oregon
Judge: Judge Anna J. Brown

Zynga files Answer and Counterclaims in Oregon Trail Lawsuit

17 Friday Jun 2011

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

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Zynga has filed Answer and Counterclaims in their lawsuit with The Learning Company, makers of the Oregon Trail. Long story short, Zynga denies everything and asks for a Declaratory Judgement of Non-Infringement. They claim their use of the term “Oregon Trail” was a descriptive and fair use. Take a look for yourself below:

[Update 10/26/11: There’s been no action in the courts on this case since an August 5 conference was cancelled. Stay tuned for updates. Perhaps the Oregon Trail was not a popular Frontierville expansion?]