Category Archives: District of Oregon

Killer Burger sues former owner over stolen hamburgers

08 Tuesday Aug 2017

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

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Just in time for Portland Burger Week, we have a federal lawsuit over stolen burgers. The Plaintiff is Killer Burger, allegedly “the most popular burger restaurant in Portland, Oregon.”

The Defendants are a former owner of Killer Burger, his wife, and their new restaurant in downtown Portland, Rock and Roll Chili Pit.

The Defendants left Killer Burger in 2016 (apparently not on the best of terms) to start their new restaurant and are accused of “using and advertising two burgers which were stolen straight from the Killer Burger menu.”

Killer Burger considers their burger recipes to be confidential information. Defendants also allegedly used the same burger names (EPIC and BLACK MOLLY) on their menu, hence the trademark claim. Note that Defendant, in a social media video, apparently claims to be the original creator of the two burgers at issue and thus fully entitled to sell them at his new restaurant.

If you can’t get out for Burger Week and want to make the infringing burgers at home, here’s what you’ll need:

“The Epic includes pulled pork, bacon and coleslaw. The Black Molly includes a smokey house sauce, grilled onions and house-brined roasted green chilies.”

Yum. Enjoy Burger Week everyone!

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Photo credit: Bob Burchfield

Killer Burger, Inc. v. Rock and Roll Chili Pit, Inc. et al

Court Case Number: 3:17-cv-01219-MO
File Date: Friday, August 4, 2017
Plaintiff: Killer Burger, Inc.
Plaintiff Counsel: Thomas A. Ped, S. Ward Greene of Williams Kastner Greene & Markley
Defendant: Rock and Roll Chili Pit, Inc., Mark McCrary, Robin McCrary
Cause: Unfair Competition, Violation of ORS Chapter 647, Oregon Trademark Infringement, Violation of Common Law rights, Breach of Contract
Court: District of Oregon
Judge: Michael W. Mosman

Complaint:

Trademark and Unfair Competition lawsuit filed over expired software license

14 Friday Jul 2017

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

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This lawsuit involves the registered trademarks LEXILE, LEXILE FRAMEWORK, LEXILE ANALYZER and METAMETRICS.

The parties previously had a license by which the Defendants could use Plaintiff’s software, but it apparently expired on June 30, 2017.

MetaMetrics, Inc. v. NWEA et al.

Court Case Number: 3:17-cv-01059-BR
File Date: Thursday, July 6, 2017
Plaintiff: MetaMetrics, Inc.
Plaintiff Counsel: Jeff Pitzer of Pitzer Law
Defendant: NWEA (f/k/a Evaluation Association), Matthew Chapman, Jeff Strickler
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, False Advertising, Copyright Infringement, Oregon Trademark Infringement, Common Law Trademark Infringement, Oregon Trademark Dilution, Oregon Unlawful Trade Practices Act, Common Law Unfair Competition, Common Law False Advertising, Breach of Contract, Tort of Conversion
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Local pizzeria owner may not be able to use own name

05 Wednesday Jul 2017

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

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Patsy (Pat) makes pizzas.

New York-style pies are his specialty.

Patsy opens a restaurant in Oak Grove, Oregon called, wait for it, Patsy’s New York Pizzeria. “Best New York pizza in Portland!” Business is good, customers love him, say “He’s everybody’s dad.”

But just when life looked like easy street for Patsy, there’s a trademark lawsuit at his door. The Plaintiff in this lawsuit, a New York corporation, has been operating pizzerias under PATSY’S PIZZERIA or PATSY’s trademarks since 1933 and franchising the PATSY’S PIZZERIA trademark since 1996. Frank Sinatra apparently gave them a shout-out during a live concert in 1976.

Additionally, the name wasn’t the only alleged similarity. The Complaint (below) alleges that Patsy’s (Oregon) offered the same specialty pizzas as Plaintiff’s original menu.

Early conversations in 2015 between Patsy’s and Plaintiff’s counsel were leading toward Patsy changing his pizzeria’s name. However, Patsy has persisted with the name and the Plaintiff now seeks intervention by thefederal court for the District of Oregon.

Stay tuned for updates.

 

I.O.B. Realty, Inc. v. Pasquale DeSiervi d/b/a Patsy’s New York Pizzeria

Court Case Number: 3:17-cv-01023-BR
File Date: Friday, June 30, 2017
Plaintiff: I.O.B. Realty, Inc.
Plaintiff Counsel: James F. Halley of Law Firm of James F. Halley, P.C., Paul Grandinetti, Rebecca J. Stempien Coyle of Levy & Grandinetti
Defendant: Pasquale DeSiervi d/b/a Patsy’s New York Pizzeria, John Does 1-10
Cause: Federal Trademark Infringement, Common Law Trademark Infringement
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Trademark lawsuit erupts over use of SUNWORKS with solar energy

13 Tuesday Jun 2017

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

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Plaintiff, a California corporation, has used the registered SUNWORKS trademark since 2010 in connection with installation, maintenance and repair of solar energy systems.

Defendant has operated a solar energy equipment supplier called “Sunworks” in Jackson County, Oregon since 2011.

Plaintiff alleges instances of actual confusion and that Defendant’s operations in Jackson County are an impediment to Plaintiff’s “long standing plan for market expansion.” Defendant has refused to discontinue use of its trademark.

Stay tuned for updates.

Sunworks United, Inc. v. Kirkland

Court Case Number: 1:17-cv-00896-AA
File Date: Wednesday, June 7, 2017
Plaintiff: Sunworks United, Inc.
Plaintiff Counsel: Richard Billin
Defendant: C.J.Kirkland d/b/a Sunworks
Cause: Trademark Infringement, Dilution
Court: District of Oregon
Judge: Ann L. Aiken

Complaint:

Portland Home Show involved in trademark dispute

24 Wednesday May 2017

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

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This lawsuit involves alleged infringement of the PORTLAND HOME SHOW and PORTLAND HOME & GARDEN SHOW trademarks.

According to the Complaint, Defendant’s business model is “to travel to a location with an established and successful home show and produce a similarly named show several weeks in advance of the established show.”

The dispute originated way back in November 1999, so there’s history between the parties.

Stay tuned for updates.

PHGS, LLC, v. L&L Exhibition Management, Inc.

Court Case Number: 3:17-cv-00795-SI
File Date: Monday, May 22, 2017
Plaintiff: PHGS, LLC
Plaintiff Counsel: J. Peter Staples, Jack R. Scholz of Chernoff Vilhauer LLP
Defendant: L&L Exhibition Management, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Oregon State Trademark Infringement, Common Law Trademark Infringement
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Copyright infringement lawsuit filed over orthodontic pamphlets

10 Wednesday May 2017

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

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For over 27 years, Plaintiff has created orthodontic marketing and patient education materials. Among their creations are two pamphlets titled Orthodontic Brushing and Flossing Procedures and Smiles with Style. Both pamphlets are registered with the U.S. Copyright Office.

The Defendant is accused of making and distributing digital versions of Plaintiff’s pamphlets on websites it created for orthodontists. Cease and desist letters were sent by Plaintiff’s counsel without a reply, hence this lawsuit.

OREC Professional Marketing Systems, Inc. v. Sesame Communications, Inc.

Court Case Number: 3:17-cv-00713-PK
File Date: Monday, May 8, 2017
Plaintiff: OREC Professional Marketing Systems, Inc.
Plaintiff Counsel: Nathan C. Brunette of Stoel Rives LLP
Defendant: Sesame Communications, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Paul Papak

Complaint:

adidas sues Puma over “Three-Stripe” Trademark

21 Tuesday Feb 2017

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

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The adidas “Three-Stripe” crusade rolls on, this time targeting Puma’s new four-striped soccer cleat.

Interestingly, unlike the other soccer cleats on the Puma website, this one doesn’t bear Puma’s classic formstrip logo.

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Click the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America Inc. et al v. Puma North America, Inc.

Court Case Number: 3:15-cv-00582
File Date: Wednesday, April 08, 2015
Plaintiff: adidas America Inc., adidas AG, adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP, R.Charles Henn Jr. and Jennifer Fairbairn Deal of Kilpatrick Townsend & Stockton LLP
Defendant: Puma North America, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, State Trademark Dilution, Injury to Business Reputation
Court: District of Oregon
Judge: TBD

Skydiving Software Company Alleges Federal Defend Trade Secrets Act Violations by Former Member

26 Monday Dec 2016

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

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The Complaint alleges that individual defendant Cockayne, as a former member of Plaintiff’s organization, developed enterprise software for commercial skydiving operators. Upon leaving Plaintiff’s organization in January 2016, defendant Cockayne was to return all software code and hardware. However, the software code was allegedly still used in violation of a “Withdrawal” agreement and provided to Pacific Northwest Skydiving Center, one of Plaintiff’s former clients.

The Complaint alleges both Federal and Oregon trade secrets violations as well as copyright infringement of the registered source code.

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DropzoneMS, LLC v. Cockayne et al

Court Case Number: 3:16-cv-02348-YY
File Date: Tuesday, December 20, 2016
Plaintiff: DropzoneMS, LLC
Plaintiff Counsel: John Mansfield of MansfieldLaw
Defendant: Steven Cockayne, Natalie Rogers, David Thorpe, Pacific Northwest Skydiving Center
Cause: Federal Defend Trade Secrets Act, Oregon Uniform Trade Secrets Act, Copyright Infringement
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

ROAMBUILT v. ROAM…are you confused?

28 Monday Nov 2016

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

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Both parties in this trademark lawsuit recently began using their respective trademarks (ROAMBUILT v. ROAM). ROAMBUILT is used in connection with “automotive parts,” primarily custom parts for Mercedes Benz Sprinter vans. ROAM is being used in connection with vehicle rental services and automobile customization services.

The parties corresponded for several months regarding the possibility of infringement and trademark coexistence. Unable to resolve the situation themselves, Plaintiff Roambuilt now seeks court intervention as they assert slight priority rights.

Stay tuned for updates.

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Roambuilt LLC v. Roam, LLC

Court Case Number: 3:16-cv-02217-AC
File Date: Wednesday, November 23, 2016
Plaintiff: Roambuilt LLC
Plaintiff Counsel: Elizabeth Tedesco Milesnick of Miller Nash Graham & Dunn LLP
Defendant: Roam, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: John V. Acosta

Complaint:

Portland Artist sues Vans over Misappropriated Shoe Artwork

23 Wednesday Nov 2016

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

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Plaintiff is a visual artist residing in Portland, Oregon. In 2010, Plaintiff installed artwork at a Sole Classics shoe store in Columbus, Ohio. The work was registered with the U.S. Copyright Office.

Plaintiff asserts that the defendant in this copyright lawsuit, Vans, Inc., has incorporated his artwork without permission into one of Vans’ 2016 limited edition shoes, the Sole Classics x Vans Vault Half Cab LX “10 Seasons” (see Exhibit D below). Plaintiff alleges that Sole Classics licensed rights to Vans that it did not possess.

Stay tuned for updates.

Nichols v. Vans, Inc.

Court Case Number: 3:16-cv-02208-HZ
File Date: Tuesday, November 22, 2016
Plaintiff: Jeremy Nichols
Plaintiff Counsel: Robert Swider, Alex Fund of Swider Haver LLP
Defendant: Vans, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint: