11 Monday Aug 2014
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Court Case Number: 3:14-cv-01275-HU
File Date: Thursday, August 07, 2014
Plaintiff: ABS-CBN Corporation, ABS-CBN Film Productions, Inc., ABS-CBN International
Plaintiff Counsel: Matthew A. Levin of Markowitz Herbold Glade & Mehlhaf PC
Defendant: Jeffrey Ashby, Lenie Ashby, Does 1-100
Cause: Trademark Infringement
Court: District of Oregon
Judge: Magistrate Judge Dennis J. Hubel
No Complaint available. Case has been sealed.
06 Wednesday Aug 2014
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Ann L. Aiken, BitTorrent, Copyright Infringement, Dennis J. Hubel, Indirect Infringement, John V. Acosta, Litigation Update, State Trademark Infringement, Thomas M. Coffin
Voltage Pictures has filed four more BitTorrent lawsuits regarding the film Dallas Buyers Club. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.
Voltage Pictures LLC et al v. Doe subscriber assigned IP address 67.166.84.226
Court Case Number: 3:14-cv-01241
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 67.166.84.226
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta
Voltage Pictures LLC et al v. Doe subscriber assigned IP address 50.76.100.253
Court Case Number: 3:14-cv-01242
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 50.76.100.253
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Dennis J. Hubel
Voltage Pictures LLC et al v. Doe subscriber assigned IP address 67.171.198.215
Court Case Number: 6:14-cv-01243-AA
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 67.171.198.215
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Anne L. Aiken
Voltage Pictures LLC et al v. Doe subscriber assigned IP address 24.22.127.95
Court Case Number: 6:14-cv-01244-TC
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 24.22.127.95
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Thomas M. Coffin
Representative Complaint
30 Wednesday Jul 2014
Posted in Intellectual Property, Oregon, Trademark
Tags
The United States Patent and Trademark Office (USPTO) today announced the selection of 19 law schools that will join the USPTO’s Law School Clinic Certification Pilot Program this fall. Lewis & Clark Law School was one of ten law schools selected to join the Trademark portion of the Program.
The participating law school clinical programs provide patent and trademark legal services to independent inventors and small businesses on a pro bono basis. Clinic clients can expect to receive searches and opinions, advice from clinic law students regarding their intellectual property (IP) needs under the supervision of a faculty practitioner, drafting and filing of applications, and representation before the USPTO.
The law school clinical programs possess solid Intellectual Property curricula supporting a participating student’s hands-on learning in the Program; a commitment to networking in the community; comprehensive pro bono services; and excellent case management systems. Students in the patent and/or trademark portions of the Program can expect to draft and file applications and respond to Office Actions.
Click here for the full USPTO announcement and a list of all schools selected to participate in the Certification Pilot Program.
30 Wednesday Jul 2014
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Ann L. Aiken, BitTorrent, Copyright Infringement, Indirect Infringement, John V. Acosta, Litigation Update, State Trademark Infringement
Voltage Pictures has filed two more BitTorrent lawsuits regarding the film The Company You Keep. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.
Court Case Number: 3:14-cv-01191
File Date: Friday, July 25, 2014
Plaintiff: Voltage Pictures LLC, TCYK, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe 76.105.157.206
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta
Court Case Number: 6:14-cv-01193-AA
File Date: Friday, July 25, 2014
Plaintiff: Voltage Pictures LLC, TCYK, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe 50.141.98.1
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken
Representative Complaint
14 Monday Jul 2014
Posted in Intellectual Property, Oregon, Portland
Tags
July Happy Hour on the Water!
Join your colleagues for a social and networking get-together on the Oregon Maritime Museum Sternwheeler on the Willamette River.
SPONSORED BY: SCHWABE, WILLIAMSON & WYATT; STOLL BERNE; and KOLISCH HARTWELL
WHEN: Thursday, July 17, 2014, 5-7 p.m.
WHERE: Oregon Maritime Museum, On the Willamette River, Waterfront Park, SW Naito Parkway at Pine St, Portland, 503-224-7724,http://www.oregonmaritimemuseum.org/index.html
A variety of appetizers will be served, courtesy of the IP Section. Beer, wine, and non-alcoholic beverages will be available. Come to network, compare notes, give us feedback on desired CLE topics for the future, and enjoy some great food and sun on the deck of the sternwheeler.
Please RSVP to Allen Field – allen@allenfieldlaw.com, 503-789-5533.
11 Friday Jul 2014
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Action to Pierce Corporate Veil, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Cyberpiracy, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, John V. Acosta, Litigation Update, Unjust Enrichment
Plaintiff operates an online auction marketplace at the domain autobidmaster.com. Defendant, a competitor, began using the domain autobidmaser.com and autobidmater.com to redirect traffic to its own website.
Court Case Number: 3:14-cv-01083
File Date: Monday, July 07, 2014
Plaintiff: AutoBidMaster LLC
Plaintiff Counsel: Nathaniel L. Funk of Barker Martin PS
Defendant: Alpine Auto Gallery LLC, Vehiko LLC, Edward Agabs, John Does 1-5
Cause: Federal Trademark Infringement, Federal Trademark Dilution, Federal Cyberpiracy, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment, Action to Pierce Corporate Veil
Court: District of Oregon
Judge: John V. Acosta
09 Wednesday Jul 2014
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Michael H. Simon, State Law Product Disparagement, State Trademark Dilution, State Trademark Infringement, State Unfair Competition, Tortious Interference with Contractual Relations
Here’s yet another trademark lawsuit involving a brewery. This time, however, the defendant isn’t another brewery but a DUI attorney using an allegedly confusingly similar logo.
Plaintiff B. C. Marketing, Inc. is an Oregon corporation based in Hood River, Oregon. Plaintiff does business as Full Sail Brewing Company. Since at least as early as 2005, Plaintiff has been selling beer under the trademark SESSION, including a distinctive shield logo trademark.
Defendant is an Atlanta, Georgia-based DUI attorney that has been using a similar logo to promote his legal services to “beer drinkers.”
Take a look at the two logos. Confusingly similar? Note that Defendant has been using the logo on paper bags “designed and distributed for the express purpose of holding a can or bottle of beer.” (See image in Complaint below.) While this may have seemed like a cute marketing idea at the time, surely the Defendant can’t be so invested in his logo as to justify litigation in federal court. I expect this lawsuit will be resolved fairly quickly…stay tuned for updates.
Court Case Number: 3:14-cv-01087
File Date: Tuesday, July 08, 2014
Plaintiff: B.C. Marketing Concepts Inc.
Plaintiff Counsel: Charles H. DeVoe, Thomas J. Romano of Kolisch Hartwell PC
Defendant: The Sessions Law Firm LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, State Trademark Infringement, State Unfair Competition, State Trademark Dilution, State Law Product Disparagement, Tortious Interference with Contractual Relations
Court: District of Oregon
Judge: Michael H. Simon
30 Monday Jun 2014
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
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.
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
10 Tuesday Jun 2014
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Breach of Contract, Common Law Unfair Competition, False Advertising, False Designation of Origin, Litigation Update, Paul Papak, Trademark Infringement
Leatherman Tool Group, an Oregon corporation, manufactures and distributes engineered multi-tools, pocket tools, and knives that are designed for outdoor, tactical, professional, and general use. Leatherman promotes and sells its products to consumers directly both online at leatherman.com, as well as in its retail store, The Leatherman Store, located in Portland, Oregon.
Leatherman is the owner of multiple federal trademark registrations for LEATHERMAN.
Defendant, a New York corporation, operates factoryoutletstore.com, an online retail site that sells multi-tools, pocket tools and knives that are manufactured by Leatherman.
Defendant is neither an authorized distributor nor an authorized reseller of Leatherman’s products, hence the lawsuit.
Court Case Number: 3:14-cv-00920
File Date: Friday, June 06, 2014
Plaintiff: Leatherman Tool Group, Inc.
Plaintiff Counsel: Stuart R. Dunwoody, Kaley L. Fendall, John F. McGrory Jr. of Davis Wright Tremaine LLP
Defendant: Gogotech II, LLC
Cause: Trademark Infringement, False Designation of Origin, False Advertising, Common Law Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Paul Papak
06 Friday Jun 2014
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Ann L. Aiken, Improper Amendment, Improper Ownership, Litigation Update, Trademark Infringement, Unfair Competition
For nearly a decade, Plaintiff and Defendants were able to coexist using their respective marks, MACKENZIE ARCHITECTURE and GROUP MACKENZIE. Around August 2013, Defendants dropped GROUP from the mark GROUP MACKENZIE and began operating under the mark MACKENZIE alone. Both entities are located in Portland, Oregon and provide architecture services.
Court Case Number: 3:14-cv-00886-AA
File Date: Monday, June 02, 2014
Plaintiff: Mackenzie Architecture Inc.
Plaintiff Counsel: Kevin M. Hayes of Klarquist Sparkman LLP
Defendant: Mackenzie Engineering Inc., Group Mackenzie Incorporated Architecture Planning & Interior Designs
Cause: Unfair Competition, Trademark Infringement, Improper Amendment, Improper Ownership
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken
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