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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Category Archives: Intellectual Property

Oregon Trademark Litigation Update – Sazerac Company v. Hood River Distillers

21 Friday Dec 2012

Posted by Kenan Farrell in Intellectual Property, Litigation, Oregon, Trademark

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Common Law Passing Off, Common Law Trademark Infringement, Common Law Unfair Competition, Dennis J. Hubel, Federal Trade Dress Infringement, Federal Unfair Competition, Litigation Update, Trademark Infringement

Sazerac Company, Inc. v. Hood River Distillers Inc

Court Case Number: 3:12-cv-02304-HU
File Date: Thursday, December 20, 2012
Plaintiff: Sazerac Company, Inc.
Plaintiff Counsel: Lori F. Mayall, Peter J. Willsey, Scott P. Zoppoth, Todd S. Bontemps of Cooley LLP
Defendant: Hood River Distillers Inc
Defendant Counsel: Robert D. Scholz, Megan L. Ferris of MacMillan, Scholz & Marks PC
Cause: Trademark Infringement; Federal Unfair Competition; Federal Trade Dress Infringement; Common Law Trademark Infringement, Unfair Competition, and Passing Off
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel

Complaint:

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Answer, Affirmative Defenses and Counterclaim:

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Planning Your Digital Estate

22 Thursday Nov 2012

Posted by Kenan Farrell in Copyright, Intellectual Property, Oregon, Social Media

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Copyright, Digital Estate

I’ve written previously on the importance of planning beyond one’s own death. Simple planning now can prevent unnecessary headaches after you’ve passed. This is typically accomplished by preparing a will and/or obtaining life insurance. But with the Internet and cloud computing increasingly dominating our daily lives, more adults are taking their lives online, often through social networking, online gaming, or blogging. Consumers shop, pay bills, and bank online. Important accounts, documents, files and photos are now often managed exclusively online, almost always behind usernames and passwords.

Dbrainjacko you know what would happen to your blog if you die? What happens to the passwords and content of your multiple email accounts? Who, if anyone, would you want to control your Twitter, Facebook or, most importantly, World of Warcraft account? Think about these questions now and speak to an attorney who can help you plan your digital estate.

Here are a few general guidelines from the MoneyGrubbingLawyer:

Email Accounts
As a general rule, you own your email and electronic correspondence and you can leave this to whomever you choose in your will. However, if your family or executors don’t know your email passwords, they may have trouble retrieving it. Gmail and Hotmail will both give access to email contents upon proof of death and proof of relationship.

Facebook and Social Networking Accounts
Facebook and other social networking accounts are a little different than email accounts as the information on your profile isn’t as private as your emails – your profile is accessible and viewable by anyone who you’ve granted access. Your profile also appears as a friend of countless others, and will continue to appear until the account is either closed or your friends delete you.

Myspace advises that their policy is to allow access to a deceased’s account upon verification of death, and a significant number of Myspace profiles remain active as memorials. Facebook also allows for the “memorialization” of accounts, where the accounts remain open as a tribute. There’s even a form you can use to report a user who has died. However, Facebook won’t release login information, so the account can’t be accessed, changed or updated.

Blogs and Online Content
An additional consideration for managing your digital estate arises for those of us who run blogs. Much like social networking and email accounts, online service providers such as WordPress and Blogger are reluctant to release login details, even to an executor. If your blog is hosted on your own server or through a third-party hosting service, the task of accessing the site is further complicated and in some cases may be close to impossible.

If you’ve got a blog, you’ve also got intellectual property including copyright to your writings and any trademarks associated with your site. You may also have photographs, music, and other works that are published and maintained online. Copyright generally lasts for 70 years after the death of the author, so there’s a significant tail period of copyright protection that vests in your estate and, just like any other form of property, IP can be given to a specific individual in your will. If the will does not specify who gets your intellectual property, the standard rules of distribution apply.

Online Worlds
Users spend a great deal time of time creating and managing identities in online worlds like World of Warcraft or Second Life. But what will happen to these accounts upon your death? World of Warcraft will transfer ownership of an account to an immediate family member upon proof of death, and the community has even been known to host virtual funerals. Second Life will turn over account information upon receiving proper notice and documentation.

wowdeath

As with other estate planning stories, the moral is to plan ahead. Here are your action items for planning the disposition of your digital information upon your death:

  1. Select a “digital” executor, someone who you trust to carry out your wishes with respect to your online information
  2. Tell your executor what you want done and give him or her the information needed to carry out your wishes.
  3. Prepare a list of your email and social networking accounts along with your login data and brief details on how to access the accounts.
  4. Update your will to include specific provisions for who will take ownership of your intellectual property and any data that you leave behind.

Stories from the Week that Was – 5/27/12-6/2/12

03 Sunday Jun 2012

Posted by Kenan Farrell in Intellectual Property

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China tightens grip on social media with new rules

TV Networks Say You’re Breaking The Law When You Skip Commercials

Germany sets new solar power record, institute says

Got Compliance? The EU Cookie Law & What You Need to Do

Google Applies for More than 50 New Domains Including .LOL and .YouTube

Target on your cyber back: DHS has a list of words deemed ‘suspicious’

Man sues to have ‘Google’ declared a generic word

Privacy practices: how the FTC MySpace settlement affects your business

2012 Logo Trends

Google Obliges Website Copyright Takedown Requests 97% of the Time

NLRB Issues Third Social Media Report

From David Elliott’s Complaint for Cancellation of Trademark and Declaratory Relief:

“3. The term “GOOGLE” is, or has become, a generic term universally used to describe the action of internet searching with any search engine, which cannot serve as a trademark to the exclusion of others.”

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Oregon Trademark Litigation Update – adidas America v. Wolverine World Wide

26 Saturday May 2012

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

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Common Law Trademark Infringement, Dennis J. Hubel, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Injury to Business Reputation, Marco A. Hernandez, State Trademark Dilution, Unfair and Deceptive Trade Practices, Unfair Competition

adidas America, Inc. et al v. Wolverine World Wide Inc.

Court Case Number:    3:12-cv-00945-HZ
File Date:    Friday, May 25, 2012
Plaintiff:     adidas America, Inc., adidas AG
Plaintiff Counsel:     Stephen M. Feldman of Perkins Coie LLP
Charles H. Hooker III, R. Charles Henn Jr. of Kilpatrick Townsend & Stockton LLP
Defendant:     Wolverine World Wide Inc.
Cause:    Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Unfair Competition, Federal Trademark Dilution, State Trademark Dilution, Injury to Business Reputation
Court:    Oregon District Court
Judge:     Magistrate Judge Dennis J. Hubel, Judge Marco A. Hernandez

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Oregon Trademark Litigation Update – Peace for Paul Foundation v. Andrew Young

18 Friday May 2012

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

≈ 2 Comments

Tags

Anti-Cybersquatting Protection Act, Computer Fraud and Abuse Act, Defamation, Intentional Interference with Economic Relations, Paul Papak, Trademark Infringement

Peace for Paul Foundation, Inc. v. Mr. Andrew Young

Court Case Number:    3:12-cv-00887-PK
File Date:    Thursday, May 17, 2012
Plaintiff:     Peace for Paul Foundation, Inc.
Plaintiff Counsel:     David L. Silverman – Attorney at Law
Defendant:     Mr. Andrew Young
Cause:    Computer Fraud and Abuse Act, Anti-Cybersquatting Protection Act, Trademark Infringement, Defamation, Intentional Interference with Economic Relations
Court:    Oregon District Court
Judge:     Magistrate Judge Paul Papak

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Oregon Trademark Litigation Update – Adidas America v. World Industries

16 Wednesday May 2012

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

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Common Law Trademark Infringement, Dennis J. Hubel, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Injury to Business Reputation, Paul Papak, State Trademark Dilution, Unfair and Deceptive Trade Practices, Unfair Competition

Adidas America, Inc et al v. World Industries, Inc. et al

Court Case Number:    3:12-cv-00859-PK
File Date:    Tuesday, May 15, 2012
Plaintiff:     Adidas America, Inc, adidas AG
Plaintiff Counsel:     Stephen M. Feldman of Perkins Coie LLP
Defendant:     World Industries, Inc., Big 5 Sporting Goods Corporation
Cause:    Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Unfair Competition, Federal Trademark Dilution, State Trademark Dilution, Injury to Business Reputation
Court:    Oregon District Court
Judge:     Magistrate Judge Dennis J. Hubel, Magistrate Judge Paul Papak

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Stories from the Week that Was – 5/6/12-5/12/12

13 Sunday May 2012

Posted by Kenan Farrell in Federal Initiatives, Intellectual Property, Legislation, Privacy, Social Media

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Facebook, NDAA, Twitter

Stories from the Week that Was – 5/6/12-5/12/12

A mid-week election saw Richard Mourdock topple long-standing Republican Senator Richard Lugar. Has anybody bothered to ask Mourdock or (Democrat rival) Joe Donnelly’s thoughts on legislation like CISPA and SNOPA? Not this week, when all the talk was about Zuckerberg’s hoodie and President Obama’s evolution on same-sex marriage.

Why the New gTLDs Don’t Matter

Clicking ‘Like’ on Facebook Is Not Protected Speech, Judge Rules

Property rights in the cloud: Your data or theirs?

Twitter Defends User In Court Over Occupy Tweets

Think That Email Isn’t a Contract? Think Again

Facebook bans Grooveshark over copyright complaint

How Should We Measure Damages for Defamation Over Social Media?

Mars Rover Opportunity Rolling Again After Winter Break

New NDAA Would Give the Military Clandestine Cyberwar Powers

“All of my friends who have younger siblings who are going to college or high school – my number one piece of advice is: You should learn how to program.” – Mark Zuckerberg

Oregon Trademark Litigation Update – Too Marker Products v. CC International

10 Thursday May 2012

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

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Common Law Trademark Infringement, Federal Trademark Infringement, Thomas M. Coffin, Trade Dress Infringement

Too Marker Products, Inc. et al v. CC International LLC et al

Court Case Number:    6:12-cv-00834-TC
File Date:    Thursday, May 10, 2012
Plaintiff:     Too Marker Products, Inc., Imagination International, Inc.
Plaintiff Counsel:     Jacob S. Gill, Timothy S. DeJong of Stoll Stoll Berne Lokting & Shlachter, PC
Defendant:     CC International LLC, Hot Off The Press, Inc.
Cause:    Federal Trademark Infringement, Trade Dress Infringement, Common Law Trademark Infringement
Court:    Oregon District Court
Judge:     Magistrate Judge Thomas M. Coffin

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Oregon Copyright Litigation Update – CBT Nuggets v. Charles Casciotta et al

08 Tuesday May 2012

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

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Ann L. Aiken, Copyright Infringement

CBT Nuggets, L.L.C. v. Charles Casciotta et al

Court Case Number:    6:12-cv-00806-AA
File Date:    Monday, May 07, 2012
Plaintiff:     CBT Nuggets, L.L.C.
Plaintiff Counsel:     E. Bradley Litchfield of Hutchinson Cox Coons & DuPriest
Defendant:     Charles Casciotta, Productforless LLC, productforless.biz
Cause:    Copyright Infringement
Court:    Oregon District Court
Judge:     Chief Judge Ann L. Aiken

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Stories from the Week that Was – 4/29/12-5/5/12

06 Sunday May 2012

Posted by Kenan Farrell in Copyright, Intellectual Property, Legislation, Patent, Privacy, Social Media, Trademark

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BitTorrent, CISPA, SNOPA

Stories from the Week that Was – 4/29/12-5/5/12

Social Networking Online Protection Act (SNOPA) Introduced To Protect Users From Having To Divulge Personal Info

Why Is a Patent Troll in Luxembourg Suing U.S. Public Transit Agencies?

CISPA: Next Steps

U.S. Copyright Office Seeks to Raise Rates

Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

Feds held seized website Dajaz1.com for a year without proof of copyright infringement

“My words and my ideas are my property, and I’ll keep and protect them as surely as I do my stable of unicorns.” ― Jarod Kintz, This Book is Not for Sale

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