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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Category Archives: Intellectual Property

Stories from the Week that Was – 11/13-11/19/11

20 Sunday Nov 2011

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

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Stories from the Week that Was – 11/13-11/19/11

Press Russia on intellectual property: US lawmakers

Criminal Case Glut Impedes Civil Suits

Picking Brand Names in China Is a Business Itself

The Entrepreneurial Generation

The NLRB’s Obsession with Social Media Continues

Viacom so devastated by piracy that CEO gets $50 million raise

Woman decapitated after anti-crime blog, police say

Attorneys seek to auction Righthaven copyrights

Artists Sue CBS, CNET, for Promoting and Profiting from Piracy

SOPA and Protect IP: What Legal Nightmares Are Made of

Number of 90-plus people likely to quadruple by 2050

Are Digital Resale Markets Legal? Should They Be?

“Humanity is acquiring all the right technology for all the wrong reasons.” -R. Buckminster Fuller

Oregon Trademark Litigation Update – Metal-Tech Cage v. John Sundquist

18 Friday Nov 2011

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

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Anna J. Brown, Kevin M. Hayes, Metal-Tech Cage, Trademark Infringement, Unfair Competition

Metal-Tech Cage v. John Sundquist

Court Case Number: 3:11-cv-01394-BR
File Date: Thursday, November 17, 2011
Plaintiff: Metal-Tech Cage, LLC
Plaintiff Counsel: Kevin M. Hayes of Klarquist Sparkman, LLP
Defendant: John Sundquist
Cause: Unfair Competition, Trademark Infringement
Court: District Court of Oregon
Judge: Judge Anna J. Brown

View this document on Scribd

Occupy Entrepreneurs Learn Trademark Law

15 Tuesday Nov 2011

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

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Occupy Portland

An increasing number of entrepreneurs are figuring out how to profit from the Occupy movement. “Occupy” trademarks are all the rage and “We are the 99%” t-shirts are a popular item. There’s no application yet for Occupy Portland, but check out this recent filing from Wisconsin (filed October 29, 2011):

Quite a mouthful, huh? And what’s the hashtag???

Never one to shy away from a quick buck, rapper Jay-Z (“I’m not a businessman, I’m a business, man) tried to use an evening among the Occupy movement to hawk his own line of “Occupy All Streets” t-shirts. Backlash was quick and widespread once it became clear that none of the profits would help the Occupy movement.

Have you bought any Occupy-related merchandise yet?

Walter Lichtenberg sits on a park bench selling shirts and buttons at the Occupy Portland camp in October in downtown Portland, Ore. Enterprising silk-screeners and others are seeking to profit from the nationwide Occupy movements. / Don Ryan / File / Associated Press

Full Story

Stories from the Week that Was – 11/6-11/12/11

13 Sunday Nov 2011

Posted by Kenan Farrell in Intellectual Property, Litigation, Privacy, Social Media

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Facebook, Spotify

Stories from the Week that Was – 11/6-11/12/11

Don’t Believe Facebook, Spotify’s The Only Open Graph Music App Winning

Two-thirds support social networking blackout in future riots

Facebook nears settlement with FTC on privacy

Social Media Impact by Nonprofit Issues [Infographic]

Six-year project to tweet the Second World War

“If it keeps up, man will atrophy all his limbs but the push-button finger.” – Frank Lloyd Wright

Oregon Trademark Litigation Update – Legacy Health v. Legacy Health Group

13 Sunday Nov 2011

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

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Anna J. Brown, False Advertising, State Trademark Dilution, Trademark Infringement, Unfair Competition, Washington Consumer Protection Act

Legacy Health v. Legacy Health Group, LLC et al

Legacy Health, an Oregon nonprofit corporation (Plaintiff), has been a high-quality provider of medical services in the Portland area for over two decades. In this case, they hope to prevent the defendants, a Utah-based LLC and related parties, from using the LEGACY mark in connection with homeopathic diet products.

Court Case Number: 3:11-cv-01327-BR
File Date: Friday, November 04, 2011
Plaintiff: Legacy Health
Plaintiff Counsel: Randolph C. Foster, Steven E. Klein of Stoel Rives LLP
Defendant: Legacy Health Group, LLC; Charlie Wayne Estes; DOES 1 through 25
Cause: Trademark Infringement; False Advertising and Unfair Competition; Cyberpiracy; Violation of Washington Consumer Protection Act
Court: District Court of Oregon
Judge: Judge Anna J. Brown

View this document on Scribd

Portland Bike Company Faces Trademark Fight

11 Friday Nov 2011

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

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BikePortland, Sprout Cycles

BikePortland has a post about Sprout Cycles, a small (one-man) Portland-based bike manufacturer that has seen another company, Swobo of Fort Collins, Colorado, file a federal trademark application for the SPROUT trademark. Now Sprout Cycles is worried that it willl lose the mark to the bigger company. Check out the full story at BikePortland.org. There’s an interesting discussion brewing in the comment section.

Edwin Brown, Sprout Cycles

Edwin’s situation unfortunately isn’t uncommon and should serve as a valuable lesson to small businesses not to overlook protection of their trademarks. Ignoring your trademarks will only make resolving such issues more difficult (and expensive) when they do arise.

Edwin isn’t completely out of luck here. He can file his own use-based federal application with a date of first use that precedes the Colorado company by over half a decade. He can also oppose the current application during its publication phase. While trademark oppositions can be expensive, there’s already one Portland lawyer who’s offered to provide pro bono assistance. Further, even if the Colorado company receives a federal registration for SPROUT, Edwin can continue to use the mark in the geographic area he’s already serving (presumably Oregon or the Pacific Northwest). It would limit Edwin’s expansion dreams but it doesn’t mean he has to drop the mark completely.

Digimarc Ranked Among Top Information Technology Leaders

10 Thursday Nov 2011

Posted by Kenan Farrell in Intellectual Property, Oregon, Patent

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Digimarc, Information Technology, Wall Street Journal

Congrats go out to Beaverton, Oregon-based Digimarc Corporation, which recently entered the top 10 of The Wall Street Journal’s Patent Scorecard of leading innovators in the information technology industry.

Ranked at #9 overall, Digimarc has the highest Industry Impact score in the top 50. According to The Wall Street Journal, Industry Impact indicates the extent to which others are building upon a portfolio of issued US utility patents as compared to the total set of utility patents in the industry. As the chart below indicates, Digimarc maintains far less patents than most companies on the list, but those patents they do hold are extremely valuable.

Digimarc is a leading innovator and provider of enabling technologies that create digital identities for all forms of media and many everyday objects. Digimarc has built an extensive intellectual property portfolio with patents in digital watermarking, content identification and management, media and object discovery to enable ubiquitous computing, and related technologies.

Click image for full WSJ Patent Board.

Michael Jackson’s Patent – “Method and Means for Creating Anti-Gravity Illusion”

07 Monday Nov 2011

Posted by Kenan Farrell in Intellectual Property, Oregon, Patent

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Michael Jackson

michael-jackson-forward-leaning-shoesMichael Jackson was more than a great singer and dancer. He was also an inventor and U.S. Patent owner. Granted in 1993 to Jackson and two partners, U.S. Patent No. 5,255,452, “Method and Means for Creating Anti-Gravity Illusion” covers a “system for allowing a shoe wearer to lean forwardly beyond his center of gravity by virtue of wearing a specially designed pair of shoes.” The shoes help create the anti-gravity illusion by hitching a heel slot in the shoes to a peg in the stage floor. The patent ended early, on Oct. 26, 2005, after failure to pay a final maintenance fee. Michael’s other legal fees may have taken precedence, or perhaps he felt there was no longer any competitive advantage to doing a “Smooth” lean. The full patent is available through the USPTO website.

 

JacksonPatentPicture 2Picture 3

Related news: Cirque du Soleil cancels two Oregon performances of ‘Michael Jackson: The Immortal World Tour’

Stories from the Week that Was – 10/30-11/5/11

06 Sunday Nov 2011

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

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Apple, Occupy Wall Street

Stories from the Week that Was – 10/30-11/5/11

Protecting Your Online Reputation: 4 Things You Need to Know

Major Book Publisher Files Mass-BitTorrent Lawsuit

Occupy Wall Street applies for trademark

Just how big is 7 billion?

People Who Use Macs At Work Are Richer And More Productive


– WIPO IP Facts and Figures 2011

Oregon Copyright Litigation Update – Danger Ninja Productions v. Estee Lauder

04 Friday Nov 2011

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

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Copyright Infringement, Copyright Misattribution, DMCA Violation, Kurt M. Rylander, Mark E. Beatty, Paul Papak, Photography, Unfair Trade Practices

Danger Ninja Productions et al v. Estee Lauder Companies, Inc. et al

Plaintiff, a Portland-based photographer, alleges that cosmetic giant Estee Lauder used one of his images (DRIPPING BLACK…see below) without authorization on magazine covers and in connection with in-store campaigns.

Can you spot Daniel Hoyt’s image in the MAC ad below?

Court Case Number: 3:11-cv-01321-PK
File Date: Thursday, November 03, 2011
Plaintiff: Danger Ninja Productions, Daniel Hoyt
Plaintiff Counsel: Kurt M. Rylander, Mark E. Beatty of Rylander & Associates PC
Defendant: Estee Lauder Companies, Inc.
Make-Up Art Cosmetics, Inc.
M.A.C. Cosmetics, Inc.
Cause: Copyright Infringement, Copyright Misattribution, DMCA Violation, Unfair Trade Practices
Court: District Court of Oregon
Judge: Magistrate Judge Paul Papak

View this document on Scribd

Related story: Evelyn Lauder dead at 75

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