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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Category Archives: Intellectual Property

Another Set of Voltage Pictures Download Cases

07 Thursday May 2015

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

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BitTorrent, Janice M. Stewart

Having already filed numerous copyright infringement claims on behalf of Voltage Pictures for the films Dallas Buyers Club and Charlie Countryman, now they’re going after downloads of The Cobbler, starring Adam Sandler and Method Man.

 Cobbler Nevada LLC v. Doe

Court Case Numbers: 3:15-cv-00774-ST, -00776-ST, -00778-ST, -00779-ST
File Date: Wednesday, May 06, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Sample Complaint:

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Oregon Trademark Litigation Update – Trailers International LLC v. Xiaofei Yang

05 Tuesday May 2015

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

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Conversion, Copyright Infringement, False Designation of Origin, Michael H. Simon, Misappropriation of Trade Secrets, Trademark Counterfeiting, Trademark Infringement, Unfair Business Practices, Unfair Competition

Vince Webb and his company, Trailers International (formerly UtilityMate), previously filed suit against Zhuhai Sharp-Group Enterprise Co. Ltd. (aka Jumbo Tools & Equipment), a Chinese trading company, for manufacturing counterfeits of its UtilityMate® and UtilitySport® trailers. Jumbo was, at one time, authorized to manufacture trailers for Webb’s company but now it is alleged that Jumbo is making and distributing counterfeits, primarily through Altocraft USA, Inc. Now, Webb is filing suit against XiaoFei Yang, president and CEO of Jumbo.

Trailers International LLC et al v. XiaoFei Yang

Court Case Number: 3:15-cv-00767-SI
File Date: Monday, May 04, 2015
Plaintiff: Trailers International LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus and Xavier A. Clark of Klarquist Sparkman LLP
Defendant:XiaoFei Yang
Cause: Copyright Infringement, Trademark Infringement, Trademark Counterfeiting, False Designation of Origin, Unfair Competition (Passing Off), Unfair Business Practices, Conversion, Trade Secret Misappropriation
Court: District of Oregon
Judge: Judge Michael H. Simon

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Oregon Trademark Litigation Update – Control Solutions v. Microdaq.com

02 Saturday May 2015

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

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Civil Action by Private Party, Common Law Trademark Infringement, Federal False Designation of Origin, Injunctive Relief, Intentional Interference with Economic Relations, Interference with Prospective Business Advantage, Misrepresentation, Paul Papak, Remedies for Infringement, Trademark Counterfeiting, Trademark Infringement, Unlawful Trade Practices

Control Solutions is in the business of selling certified, calibrated thermometers and data “loggers,” devices that record temperature readings over time. MicroDAQ.com was allegedly running Google Adwords campaigns, such that an internet user searching on of Control Solutions’ trademarks, trade names and/or product names/numbers would receive as a search result a reference and hyperlink to MicrDAQ’s website and purchasing system instead of Control Solutions’. In March 2015, MicroDAQ.com’s sales & marketing manager replied to a cease and desist letter. In the reply, the manager admitted to running at least two such campaigns and promised to stop the campaigns. Control Solutions claims that the ad campaigns resulted in lost sales as well as lost future revenue since a portion of the company’s revenue is derived from recertifying devices sold to customers.

Control Solutions Inc. v. Microdaq.com Inc. et al

Court Case Number: 3:15-cv-00748-PK
File Date: Friday, May 01, 2015
Plaintiff: Control Solutions Inc.
Plaintiff Counsel: Gano D. Lemoine III of Lemoine Law Firm
Defendant: Microdaq.com Inc., Does 1-10
Cause: Unlawful Business/Trade Practices, Civil Action by Private Party, Trademark Counterfeiting, Remedies for Infringement, Injunctive Relief, Interference with Prospective Business Advantage, Intentional Interference with Economic Relations, Common Law Trademark Infringement, Trademark Infringement, Federal Statutory False Designation of Origin, Misrepresentation in Commercial Advertising or Promotion
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

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Another BitTorrent Download Case

01 Friday May 2015

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

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BitTorrent, Copyright Infringement, John Jelderks, Litigation Update

Carl Crowell has filed yet another BitTorrent copyright case, this time for The Humbling, starring Al Pacino. When searching for information about this film, be careful to search for Humbling, not Humbler. This is a pretty standard BitTorrent copyright complaint filed by Crowell.

A&T SPVH, Inc. v. Doe

Court Case Number: 3:15-cv-00728
File Date: Thursday, April 30, 2015
Plaintiff: A&T SPVH, Inc.
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

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American Heist Download Cases Filed

21 Tuesday Apr 2015

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

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BitTorrent, Copyright Infringement, Copyright Litigation, Stacie F. Beckerman

Carl Crowell has filed yet another round of complaints for Voltage Pictures, this time for the BitTorrent downloads of the film American Heist, starring Hayden Christensen and Adrien Brody.

Voltage Pictures LLC et al v. Doe

Court Case Number: 3:15-cv-00668-SB, -00669-SB
File Date: Monday, April 20, 2015
Plaintiff: Voltage Pictures LLC, Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Stacie F. Beckerman

Sample Complaint:

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Oregon Trademark Litigation Update – adidas America v. Marc Jacobs International

09 Thursday Apr 2015

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

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Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Paul Papak, State Trademark Dilution, Trademark Infringement, Unfair and Deceptive Trade Practices

Does trademark protection of Adidas’ famous “Three-Stripe Mark” also extend to four stripes? Fashion designer Marc Jacobs is ready to debate that question in Oregon federal court.

Some media coverage of the lawsuit, with images: de zeen, NY Post

Stay tuned for updates.

adidas America Inc. et al v. Marc Jacobs International LLC

Court Case Number: 3:15-cv-00582
File Date: Wednesday, April 08, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman, Kristina J. Holm of Perkins Coie LLP
Defendant: Marc Jacobs International LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

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Oregon Copyright Litigation Update – Pinnacle Alliance Group v. Ambient Architecture

21 Saturday Mar 2015

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

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Ann L. Aiken, Copyright Infringement, Copyright Litigation, Litigation Update

Plaintiff Pinnacle Alliance Group, LLC (“Pinnacle”) owns the copyright on architectural plans and designs for a senior housing facility originally planned for Sisters, Oregon. In 2011, after spending upwards of $700,000 studying the site and preparing original layouts, Pinnacle submitted their plans to the City of Sisters for review and approval. The plans were also submitted to Ageia Health Services during negotiations for Ageia to serve as the management company for the future senior center. In 2013, Pinnacle lost its opportunity to develop the site and now they allege that Defendant Ambient Architecture (d/b/a Ascent) obtained the copyrighted blueprints. Exhibit A is some of the Pinnacle plan and Exhibit B is the plan that Ascent prepared for a different developer. Pinnacle is asking for $700,000, to cover the money already spent, as well as all profits that Ascent earned on this project.

Pinnacle Alliance Group, LLC v. Ambient Architecture LLC et al

Court Case Number: 6:15-cv-00451
File Date: Wednesday, March 18, 2015
Plaintiff: Pinnacle Alliance Group, LLC
Plaintiff Counsel: Jeffrey M. Edelson of Markowitz Herbold Glade & Mehlhaf, PC
Defendant: Ambient Architecture LLC, Seth E Anderson, Krista Appleby
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

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View this document on Scribd
View this document on Scribd

6 More Dallas Buyer’s Club Download Cases Filed

19 Thursday Mar 2015

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

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BitTorrent, Copyright Infringement, Copyright Litigation, John V. Acosta, Litigation Update

The headline says it all. The real question here…why are people still downloading this movie?

Court Case Numbers: 3:15-cv-00444, -00446, -00447, -00448, -00449, and -00450
File Date: Wednesday, March 18, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Representative Complaint:

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Oregon Copyright Litigation Update – Countryman Nevada v. Doe

18 Wednesday Mar 2015

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

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BitTorrent, Copyright Infringement, Copyright Litigation, Litigation Update, Michael H. Simon

Countryman Nevada LLC v. Doe

Crowell Law has filed five more copyright infringement lawsuits for BitTorrent downloads. The complaints are essentially the exact same as the Dallas Buyer’s Club suits, except these involve a film called The Necessary Death of Charley Countryman.

Why are people even trying to download this movie? It only received a 29% rating on Rotten Tomatoes, and Metacritic gave it a lowly 31. With Dallas Buyer’s Club, at least people are taking risks to see an award winning film, but this flick can’t be worth the hassle. Guessing it has something to do with the film’s original rating of NC-17…

Court Case Number: 3:15-cv-00433, -00435, -00436, -00437, -00438
File Date: Tuesday, March 17, 2015
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

Representative Complaint:

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Oregon Copyright Litigation Update – Action Window & Gutter Cleaning v. NW Home Maintenance

03 Tuesday Mar 2015

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

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Copyright Infringement, Litigation Update, Michael W. Mosman

Action Window & Gutter Cleaning LLC v. NW Home Maintenance LLC

If you run a business, using a competitor’s advertising as your own is not a suggested practice. Action Window & Gutter Cleaning offers numerous building-exterior cleaning services, including moss & roof cleaning. The description of this service on their website includes before and after photographs. NW Home Maintenance, doing business as Homemasters, began circulating advertisement fliers (Exhibit B below). The fliers are alleged to the before and after photographs from Action’s website, with slightly modified style and location of the text.

Court Case Number: 3:15-cv-00354-MO
File Date: Monday, March 02, 2015
Plaintiff: Action Window & Gutter Cleaning LLC
Plaintiff Counsel: Abraham J. Barnett, Benjamin F. Veralrud of The Barnett Firm LLC
Defendant: NW Home Maintenance LLC
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael W. Mosman

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View this document on Scribd
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