Category Archives: Intellectual Property

Oregon Trademark Litigation Update – The Coast Distribution System v. Ezra Distributing

16 Saturday Mar 2013

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The Coast Distribution System Inc. v. Ezra Distributing, Inc. et al

Court Case Number: 3:13-cv-00451-HU
File Date: Friday, March 15, 2013
Plaintiff: The Coast Distribution System Inc.
Plaintiff Counsel: Charles H. DeVoe, Thomas James Romano of Kolisch Hartwell, PC
Defendant: Ezra Distributing, Inc., Ezra Retail LLC
Cause: Trademark Infringement and Unfair Competition; Common Law Trademark Infringement, Unfair Competition, and Dilution
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel

Oregon Trademark Litigation Update – Leonard D. Duboff v. University of Chicago

15 Friday Mar 2013

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Here’s a trademark dispute involving book titles. Plaintiff writes a series of industry-focused legal education books called “The Law, in Plain English for [insert industry]” (some examples are Photographers, Restaurants, Writers). Essentially, the books are an attempt to help regular folks understand the law that applies to their industry, explained not with legal jargon but “in plain English.”

Defendants publish a book “Legal Writing in Plain English,” frequently used by law students as a textbook in their legal writing courses. It teaches future lawyers (and current lawyers) to write laws and contracts that regular folks can understand, not written in legal jargon but “in plain English.”

Are the books sold in the same marketplace or two independent marketplaces? Industry folks buy one set of books, attorneys buy the other, presumably all for the greater good of comprehensible law. Authors suing authors, lawyers suing lawyers…this could get interesting. Stay tuned for updates.

Leonard D. Duboff v. University of Chicago et al

Court Case Number: 3:13-cv-00436-SI
File Date: Thursday, March 14, 2013
Plaintiff: Leonard D. Duboff
Plaintiff Counsel: Anthony Edward McNamer, Deborah E. Gumm of McNamer and Company, PC
Defendant: University of Chicago, Lawprose, Inc., Bryan A. Garner
Cause: Trademark Infringement
Court: Oregon District Court
Judge: Judge Michael H. Simon

Oregon Trademark Litigation Update – Naked Wines LLC v. Mustache Mentors, Inc.

09 Saturday Mar 2013

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Hood River-based Naked Winery is pursuing a new San Francisco-based winemaker, Naked Rebel Winery, for trademark infringement. It’s not necessarily a slam-dunk case, as there are several other “naked-formative” trademarks used in connection with wine.  Naked Rebel filed it’s own trademark application back in December although there’s been no action yet by a Trademark Examiner. However, based on rejections received in other “naked” applications, it seems the Naked Rebel crew may have to overcome both this lawsuit and then a 2(d) refusal in order to successfully use and register their trademark.

Trademark practitioners, do you prefer to file a trademark complaint prior to an Examiner’s review of a pending trademark application or do you wait for an Examiner’s 2(d) refusal? I’m curious as to your thoughts in either direction.

Naked Wines LLC v. Mustache Mentors, Inc. et al

Court Case Number: 3:13-cv-00402-HZ
File Date: Friday, March 08, 2013
Plaintiff: Naked Wines LLC
Plaintiff Counsel: Hillary A. Brooks, Delfina S. Homen of Marger Johnson & McCollom, PC
Defendant: Mustache Mentors, Inc., Mustache Mentors LLC
Cause: Trademark Infringement, False Designation of Origin and Unfair Competition, Unlawful Trade Practices
Court: Oregon District Court
Judge: Judge Marco A. Hernandez

Oregon Trademark Litigation Update – Crave Bake Shop v. Crave

08 Friday Mar 2013

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Is the nation large enough for two bakeries with the word “Crave” in the title? Crave Bake Shop, of Lake Oswego, Oregon, thinks so…and filed this Declaratory Judgment action to get a San Francisco-based Crave off their back. Stay tuned.

Crave Bake Shop, LLC v. Crave, LLC

Court Case Number: 3:13-cv-00392-BR
File Date: Thursday, March 07, 2013
Plaintiff: Crave Bake Shop, LLC
Plaintiff Counsel: Elizabeth A. Tedesco Milesnick of Miller Nash LLP
Defendant: Crave, LLC
Cause: Declaratory Judgment of Non-Infringement
Court: Oregon District Court
Judge: Judge Anna J. Brown

Oregon Copyright Litigation Update – Elf-Man, LLC v. Does 1 – 16

27 Wednesday Feb 2013

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Elf-Man, LLC v. Does 1 – 16

Court Case Number: 1:13-cv-00333-CL
File Date: Tuesday, February 26, 2013
Plaintiff: Elf-Man, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Does 1 – 16
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge Mark D. Clarke

 

See other Oregon Download Cases.

Oregon Copyright Litigation Update – Elf-Man, LLC v. Does 1 – 57

27 Wednesday Feb 2013

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Elf-Man, LLC v. Does 1 – 57

Court Case Number: 6:13-cv-00331-TC
File Date: Tuesday, February 26, 2013
Plaintiff: Elf-Man, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Does 1 – 57
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 – Elf-Man, LLC v. Does 1-107

26 Tuesday Feb 2013

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Elf-Man, LLC v. Does 1-107

Court Case Number: 3:13-cv-00334-AC
File Date: Tuesday, February 26, 2013
Plaintiff: Elf-Man, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Does 1-107
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge John V. Acosta

 

See other Oregon Download Cases.

List of Oregon Download Cases – 2013/14

26 Tuesday Feb 2013

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Privacy, Social Media

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This is a comprehensive list of Oregon download cases. Follow the links to individual case details. This post will be updated as new cases are filed.

  1. Voltage Pictures, LLC v. Does 1 – 371
  2. Voltage Pictures, LLC v. Does 1 – 198
  3. Voltage Pictures, LLC v. Does 1 – 12
  4. Voltage Pictures, LLC v. Does 1 – 34
  5. Elf-Man, LLC v. Does 1 – 57
  6. Elf-Man, LLC v. Does 1 – 16
  7. Elf-Man, LLC v. Does 1 – 107
  8. The Thompsons Film, LLC v. Does 1 – 155
  9. RynoRyder Productions, Inc. v. Does 1 – 23
  10. Voltage Pictures, LLC v. Doe IP 76.115.46.230
  11. Voltage Pictures, LLC v. Jim Choi
  12. Voltage Pictures, LLC v. Doe Adult Son
  13. Voltage Pictures, LLC v. Does 1-50

Last update: 4/30/14

Oregon Trademark Litigation Update – Pacwest Development, LLC v. Pacwest II, L.L.C.

21 Thursday Feb 2013

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Pacwest Development, LLC v. Pacwest II, L.L.C.

Court Case Number: 6:13-cv-00300-AA
File Date: Wednesday, February 20, 2013
Plaintiff: Pacwest Development, LLC
Plaintiff Counsel: Todd R. Johnston of Hershner Hunter LLP
Defendant: Pacwest II, L.L.C.
Cause: Trademark Infringement, Federal Unfair Trade Practice, Unfair Trade Practice, Dilution
Court: Oregon District Court
Judge: Chief Judge Ann L. Aiken

Oregon Copyright Litigation Update – Voltage Pictures, LLC v. Does 1 – 34

20 Wednesday Feb 2013

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Voltage Pictures, LLC v. Does 1 – 34

Court Case Number: 1:13-cv-00293-CL
File Date: Tuesday, February 19, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Does 1 – 34
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge Mark D. Clarke