Category Archives: Intellectual Property

Crave Bake Shop Changes Name, Settles Trademark Lawsuit

21 Tuesday May 2013

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

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Two months ago, Lake Oswego-based Crave Bake Shop filed a Declaratory Judgment of Non-Infringement action to preserve the right to use the “Crave” trademark in connection with gluten-free baked goods. A settlement has apparently been reached with San Francisco-based Crave bakery and Crave Bake Shop will now become Kyra’s Bake Shop.

More information, including background on the parties, is available from the Portland Tribune. While the terms of the settlement are undisclosed, Kyra Bussanich, owner of Crave Bake Shop, provides some insight into her future naming plans.

“The new name will start transitioning this summer…With my cookbook about to be released and our new line of dry mixes and the expansion plans on the horizon, I want to funnel all the goodwill I have built up to be associated with my new Kyra’s Bake Shop name as I move forward. Of course, I will retain the trademark on Crave Bake Shop and the website until people are used to KBS.”

Notice of Dismissal:

Oregon Copyright Litigation Update – Voltage Pictures v. Doe IP 76.115.46.230

20 Monday May 2013

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

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Apparently undaunted by the previous mass dismissals, Voltage Pictures has moved forward with their BitTorrent litigation strategy by filing a copyright infringement action against a single IP address. I’m reluctant to forecast Voltage Pictures’ next move, but I suspect this is a test case that, if financially successful, will result in hundreds of individual filings.

[Update: A commenter has informed that the Defendant in this case was one of the first to respond with a Motion to Quash in one of the original Voltage Pictures cases, 3:13-cv-00295-AC. The Defendant, represented by Swider Medeiros Haver LLP, was released from that case as a part of the mass dismissals undertaken last week by Judge Aiken.]

Voltage Pictures, LLC v. Doe IP 76.115.46.230

Court Case Number: 3:13-cv-00836-BR
File Date: Friday, May 17, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Doe IP 76.115.46.230
Cause: Copyright Infringement
Court: U.S. District Court for the District of Oregon
Judge: Judge Anna J. Brown

See other Oregon Download Cases.

Voltage Pictures Lawsuits DISMISSED

13 Monday May 2013

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

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For all but the one unlucky individual designated as Doe #1 in each case, the Voltage Pictures BitTorrent download cases have been dismissed. Voltage Pictures is permitted to refile against each of the defendants individually, but will now be required to pay the $400 court filing fee for each defendant rather than one lump payment. The Oregonian does some nice reporting on the dismissal.

Here is the full Order of Dismissal. It’s worth a read.

 

It’s doubtful that this is the last Oregon will see of these BitTorrent cases so stay tuned for updates.

Oregon Brewing Co. sues D.C. restaurant, Rogue 24, for trademark infringement

12 Sunday May 2013

Posted by in Intellectual Property, Litigation, Trademark

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Oregon Brewing Co., otherwise known as Rogue Ales, has sued a D.C. restaurant, Rogue 24, for trademark infringement, trademark counterfeiting and trademark cyber-squatting, among other claims.

The Washington Times has more information about the parties and the Complaint is below. Stay tuned for updates.

Oregon Trademark Litigation Update – Technivorm v. Boyd Coffee Company

07 Tuesday May 2013

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

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Despite the termination of a distributorship license, Defendant allegedly continues to market itself as the exclusive United States importer and distributor of Netherlands-based Technivorm’s Moccamaster coffee makers on the internet. This case was transferred from the Northern District of Illinois.

Technivorm, B.V. v. Boyd Coffee Company et al

Court Case Number: 3:13-cv-00762-PK
File Date: Monday, May 06, 2013
Plaintiff: Technivorm, B.V.
Plaintiff Counsel: Todd Alan Holleman of Miller, Canfield, Paddock And Stone, PLC
Defendant: Boyd Coffee Company, Boyd Coffee Distribution Company
Cause: Trademark Infringement, Breach of Conract, Unfair Competition, Declaratory Relief
Court: Oregon District Court
Judge: Magistrate Judge Paul Papak

Oregon Challenges Iowa High School’s Use of “O”

28 Sunday Apr 2013

Posted by in Intellectual Property, Oregon, Trademark

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This isn’t a David and Goliath story because Okojobi decided to give in, but certainly you’d think the Ducks have larger fish to fry. The University of Oregon has decided to challenge the Okojobi Pioneers, a northwest Iowa high school (with 250 students), for using an “O” as their athletic logo.

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Here’s the trademark registration that Oregon likely claimed was infringed:

Oregon O USPTO Abstract

Apparently, all other “O”-formative schools across the nation should be on the lookout for a cease and desist letter in the near future if they’re using a similar font. New scoreboards, uniforms, bookstore supplies, web redesign, etc. aren’t cheap for a small rural school.

Click here for the full story.

Oregon Trademark Litigation Update – InsightsNow v. SuperPsyched

06 Saturday Apr 2013

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

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Plaintiff InsightsNow, Inc. is a Corvallis-based company that has been offering a market research service in the consumer packaged goods industry called “BehaviorLens“. Plaintiff’s claimed date of first use in commerce is August 26, 2011. Defendant SuperPsyched is a Colorado based app-maker with an app for tracking student behavior called “BehaviorLENS“. Defendant’s date of first use in commerce is October 11, 2011. In response to an initial cease and desist letter, Defendant apparently made efforts to distinguish its trademark and services but not to the satisfaction of Plaintiff, resulting in this lawsuit.

InsightsNow, Inc. v. SuperPsyched, LLC

Court Case Number: 6:13-cv-00573-TC
File Date: Wednesday, April 03, 2013
Plaintiff: InsightsNow, Inc.
Plaintiff Counsel: Delfina S. Homen, Hillary S. Brooks of Marger Johnson & McCollom PC
Defendant: SuperPsyched, LLC
Cause: Trademark Infringement, False Designation of Origin and Unfair Competition, Unlawful Trade Practices
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin

Oregon Copyright Litigation Update – RynoRyder Productions v. Does 1-23

29 Friday Mar 2013

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RynoRyder Productions, Inc. v. Does 1-23

Court Case Number: 6:13-cv-00539-TC
File Date: Thursday, March 28, 2013
Plaintiff: RynoRyder Productions, Inc.
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Does 1-23
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin

 

See other Oregon Download Cases.

Oregon Copyright Litigation Update – Penguin Group v. American Buddha

23 Saturday Mar 2013

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New York-based publisher Penguin Group’s battle against Oregon-based nonprofit American Buddha continues in Oregon after being dismissed in New York for lack of personal jurisdiction. American Buddha has uploaded complete copies of books and other media onto American Buddha’s online library that is accessible by some 50,000 members at no charge. Four of the books posted belong to mega-publisher Penguin, which claims copyright infringement. American Buddha claims (in the American Buddha Online Library Copyright Notice) to be operating safely under 17 U.S.C. Section 108, which exempts libraries and archives from liability for creating reproductions (under certain conditions). It seems a stretch to apply Section 108 to PDFs posted on a website but American Buddha claims to impose “contractual and technical limitations on access to the archive” that could potentially bring it within the contours of 108. “Library” isn’t defined in the Copyright Act but the context of 108 suggests it be interpreted in the traditional manner, as a real, physical location, not an online repository. It seems yet another part of the Copyright Act that might need clarification in the digital age. Stay tuned as the parties sort it out.

Penguin Group(USA) Inc. v. American Buddha

Court Case Number: 3:13-cv-00497-HU
File Date: Friday, March 22, 2013
Plaintiff: Penguin Group(USA) Inc.
Plaintiff Counsel: Duane A. Bosworth, II, Timothy M. Cunningham of Davis Wright Tremaine, LLP
Defendant: American Buddha
Cause: Copyright Infringement
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel

Oregon Copyright Litigation Update – The Thompsons Film v. Does 1-155

20 Wednesday Mar 2013

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

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The Thompsons Film, LLC v. Does 1-155

Court Case Number: 6:13-cv-00469-TC
File Date: Tuesday, March 19, 2013
Plaintiff: The Thompsons Film, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Does 1-155
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin

 

See other Oregon Download Cases.