Category Archives: Intellectual Property

Oregon Trademark Litigation Update – AXTS v. Arms Unlimited

27 Wednesday Nov 2013

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Plaintiff AXTS is an Oregon corporation based in Salem, Oregon. AXTS designs, manufactures, and sells firearm accessories, including the RAPTOR charging handle at issue in this litigation. Plaintiff Rainer Arms is a Washington-based company that co-brands the RAPTOR charging handle.

Defendant Arms Unlimited has allegedly sold counterfeit RAPTOR charging handles on eBay, Amazon and its own website. This lawsuit was brought against Arms Unlimited and its individual owners.

Stay tuned for updates.

FYI, a charging handle (see image below) is a device on a firearm which, when operated, results in the hammer or striker being cocked or moved to the ready position. The devices can vary significantly between firearms.

Charging Handle

AXTS Inc. et al v. Arms Unlimited Inc. et al

Court Case Number: 6:13-cv-02100-AA
File Date: Tuesday, November 26, 2013
Plaintiff: AXTS Inc., Rainier Arms, LLC
Plaintiff Counsel: Jon P. Stride, David M. Weiler of Tonkon Torp LLP
Defendant: Arms Unlimited Inc., Daniel Shamie, Josh Salama
Cause: Trademark Infringement, Trademark Counterfeiting, Unfair Competition, False Designation of Origin, Oregon Unfair Trade Practices Act, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – Idylwilde v. Umpqua Feather Merchants

13 Wednesday Nov 2013

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

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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

 

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

12 Tuesday Nov 2013

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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

New TMEP Update Released by USPTO

04 Monday Nov 2013

Posted by in Intellectual Property, Legislation, Oregon, Trademark

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On Wednesday, October 30, 2013, the Office issued the October 2013 update of the Trademark Manual of Examining Procedure (TMEP).  The update (which is posted on the USPTO website here), includes precedential case law and other changes that have occurred since the April 2013 TMEP revision.  In a few areas, existing procedures have been revised or new procedures have been added.  For a listing of all the changes, see Changes in the TMEP October 2013 Edition.

The TMEP is published to provide trademark examining attorneys in the USPTO, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO. The TMEP contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications.

October 2013 TMEP: http://tmep.uspto.gov/RDMS/detail/manual/TMEP/Oct2013/d1e2.xml

Oregon Trademark Litigation Update – Upsource, LLC v. Upsource, Inc.

21 Monday Oct 2013

Posted by in Intellectual Property, Litigation, Oregon, Trademark

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This trademark dispute is between Upsource, LLC, an Oregon-based internet marketing company and Upsource, Inc., a Massachusetts-based call center and customer service outsourcing company, over the use rights to the mark Upsource and the domain name upsource.com. In response to a recent cease-and-desist letter, the Oregon-based Upsource, LLC, seeks a declaration that its use of the Upsource mark and upsource.com domain name is not violative of the rights of Upsource the call center.

Upsource, LLC v. Upsource, Inc.

Court Case Number: 3:13-cv-01862-ST
File Date: Friday, October 18, 2013
Plaintiff: Upsource, LLC
Plaintiff Counsel: Phil A. Nelson of Slinde & Nelson LLC
Defendant: Upsource, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Oregon Copyright Litigation Update – Murakami-Wolf-Swenson v. Lawrence A. Cole

17 Thursday Oct 2013

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

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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

Oregon Copyright Litigation Update – Random Lengths Publications v. Sprenger Midwest

16 Wednesday Oct 2013

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

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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

Trademark Protection of Local Government Insignias

14 Monday Oct 2013

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Here’s a trademark ruling  from the Federal Circuit Court of Appeals that will interest local government officials.

Both the City of Houston and the District of Columbia applied to the U.S. Patent and Trademark Office (USPTO) for federal registration of their respective official insignias. The USPTO denied their applications. Both plaintiffs appealed the denials and their appeals were addressed together in the Federal Circuit Court of Appeals.

Houston argued that a government entity is not an “applicant” prohibited by § 2(b) of the Lanham Act to register an insignia as a trademark. The District argued that § 2(b) must be read to not prohibit a governmental entity from registering an insignia so as to not conflict with the Paris Convention. The court determined that the statute is unambiguous and held that a government entity cannot register its own insignia as a trademark.

Holding: A local government entity may not obtain a federal trademark registration for the entity’s official insignia.

Unknown           Seal-DC

Oregon Copyright Litigation Update – Twentieth Century Fox v. The Rogue Theatre

08 Tuesday Oct 2013

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

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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

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

08 Tuesday Oct 2013

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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