Oregon Trademark Litigation Update – Webb v. Marlon Recreational Products USA, Ltd. et al

04 Monday Jan 2016

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

Tags

Copyright Infringement, False Designation of Origin, Fraud, Litigation Update, Trademark Infringement, Unfair Competition, Violation of the Permanent Injunction

Webb v. Marlon Recreational Products USA, Ltd. et al

Court Case Number: 3:2015-cv-02380
File Date: Tuesday, December 22, 2015
Plaintiff: Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus of Joncus Law LLC
Defendant: Marlon Recreational Products USA, Ltd. et al
Cause: Violation of the Permanent Injunction, Unfair Competition, False Designation of Origin, Trademark Infringement, Copyright Infringement, Fraud
Court: District of Oregon
Judge: Stacie F. Beckerman

Complaint:

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Oregon Trademark Litigation Update – Blue Sky Wellness Studio v. Blue Sky of Portland

15 Tuesday Dec 2015

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

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Federal Unfair Competition, John Jelderks, Litigation Update, State and Common Law Trademark Infringement, State Unlawful Trade and Business Practices

Bridgit Beasley, P.C. d/b/a Blue Sky Wellness Studio v. Blue Sky of Portland, LLC

Court Case Number: 3:15-cv-02327
File Date: Monday, December 14, 2015
Plaintiff: Bridgit Beasley, P.C. d/b/a Blue Sky Wellness Studio
Plaintiff Counsel: Thomas E. Scanlon
Defendant: Blue Sky of Portland, LLC
Cause: Federal Unfair Competition, State and Common Law Trademark Infringement, State Unlawful Trade and Business Practices
Court: District of Oregon
Judge: John Jelderks

Complaint:

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Oregon Trademark Litigation Update – adidas America v. TRB Acquisitions

12 Thursday Nov 2015

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

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Adidas, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Injury to Business Reputation, Litigation Update, Michael H. Simon, State Trademark Dilution, Unfair and Deceptive Trade Practices

This adidas lawsuit involves its triangular “Badge of Sport Mark” and “RBK” trademarks. The alleged infringer is a New York-based company and its products are allegedly sold side-by-side with adidas products in retail stores. The Complaint shows a photograph allegedly taken at TJ Maxx.

Screen Shot 2015-11-12 at 8.21.22 AM

adidas America Inc. et al v. TRB Acquisitions LLC

Court Case Number: 3:15-cv-02113
File Date: Tuesday, November 10, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V., Reebok International Ltd.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: TRB Acquisitions LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, State Trademark Dilution, Injury to Business Reputation
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

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Oregon Copyright Litigation Update – Versatop Support Systems v. Georgia Expo et al

29 Thursday Oct 2015

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

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This lawsuit involves knockoff “support structures for displays that are used at trade shows, entertainment, educational, political and promotional events.”

Versatop Support Systems, Inc. v. Georgia Expo Inc. et al

Court Case Number: 3:15-cv-02030
File Date: Wednesday, October 28, 2015
Plaintiff: Versatop Support Systems, Inc.
Plaintiff Counsel: David P. Cooper, Owen W. Dukelow of Kolisch Hartwell PC
Defendant: Georgia Expo Inc., Topfinger Equipment (Shenzhen) Co., Ltd.
Cause: Copyright Infringement, False Designation of Origin
Court: District of Oregon
Judge: John Jelderks

Complaint:

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Oregon Copyright Litigation Update – Synopsys files DMCA action against counterfeit licensees

19 Monday Oct 2015

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

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DMCA Violation, Litigation Update, Michael W. Mosman, Violations of the Digital Millennium Copyright Act

Plaintiff Synopsys, the fifteenth largest software company in the world, offers a suite of software solutions for designing and testing computer processor chips. The software is made available by Plaintiff only under the terms of their limited license. Defendants, residents of Oregon, have allegedly “used counterfeit keys obtained through hacker websites” to access and use Plaintiff’s software in violation of the Digital Millennium Copyright Act.

Synopsys Inc. v. Chiyeu Yeu Chao et al

Court Case Number: 3:15-cv-01953
File Date: Thursday, October 15, 2015
Plaintiff: Synopsys Inc.
Plaintiff Counsel: Brenna K. Legaard of Schwabe, Williamson & Wyatt
Kristin S. Cornuelle of Orrick, Herrington & Sutcliffe LLP
Defendant: Chiyeu Yeu Chao, Jongru Ru Guo, Paul Hua, Hao Shang, Does 1-10
Cause: Violations of the Digital Millennium Copyright Act
Court: District of Oregon
Judge: Michael W. Mosman

Complaint:

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Oregon Trademark Litigation Update – adidas America v. Cougar Sport

07 Wednesday Oct 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, Michael H. Simon, Unfair and Deceptive Trade Practices

adidas is back with more “Three-Stripe” litigation, this time against Cougar Sport, a New York-based clothing company selling apparel with four stripes (2 light, 2 dark). adidas has a history of attempting to expand its “Three-Stripe” trademark rights beyond, well, just three stripes. Three can also mean 2 stripes and, if adidas has its way here, 4 stripes.

The Three-Stripe mark is so famous and distinctive, as adidas frequently reminds us in its Complaint, there must certainly be an argument made that consumers would immediately recognize that 2 and 4-stripe apparel are obviously NOT adidas products.

Earlier this year, fashion designer Marc Jacobs was set to test adidas’ rights to “four stripes,” but adidas voluntarily dismissed the lawsuit shortly after filing the Complaint. Perhaps Cougar Sport should hire Marc Jacobs’ attorneys…

adidas America Inc. et al v. Cougar Sport Inc.

Court Case Number: 3:15-cv-01856-SI
File Date: Wednesday, September 30, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Cougar Sport Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution
Court: District of Oregon
Judge: Judge Michael H. Simon

Complaint:

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Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

24 Thursday Sep 2015

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

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Common Law Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, John Jelderks, State Trademark Dilution, Trade Dress Infringement, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unfair Trade Practices

adidas has a long history with Skechers. In 1994, adidas filed suit for trademark infringement over Skechers‘s Karl Kani footwear. The companies entered into a settlement agreement the following year (the “1995 Agreement,” attached below). Under this agreement, Skechers acknowledged that adidas is the exclusive owner of the THREE STRIPE DESIGN, agreed not to use the THREE STRIPE DESIGN or any mark confusingly similar thereto, and agreed to cease distribution of its KARL KANI sport shoe.

Between 2008 and 2013, adidas and Skechers allegedly entered into five separate confidential settlement agreements about infringements and dilutions of the Three-Stripe Mark. This most recent complaint from adidas claims that “notwithstanding the 1995 Agreement and the subsequent 2008-2013 Agreements–and in continuing, blatant disregard of adidas‘s rights–Skechers yet again is . . . selling footwear . . . bearing a confusingly similar imitation of the adidas Marks.”

adidas is especially aggrieved about a shoe that is (allegedly) confusingly similar to their famous Stan Smith shoe and claims that Skechers intends their “Stan Smith Knock-Off” shoe to be confusingly similar to the adidas Trade Dress and offers evidence that the Skechers website included the terms “stan smith” and “adidas original” in the source code.

adidas America Inc. et al v. Skechers USA Inc.

Court Case Number: 3:15-cv-01741-JE
File Date: Monday, September 14, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Skechers USA Inc.
Cause: Federal Trademark and Trade Dress Infringement, Federal Unfair Competition, Federal Trademark and Trade Dress Dilution, State Trademark Dilution with respect to the Three-Stripe Mark, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

Complaint:

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1995 Agreement:

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Oregon Copyright Litigation Update – Spread v. The Weinstein Company et al

14 Monday Sep 2015

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

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Plaintiff is based in Portland, Oregon and owns the copyright in a musical work titled “I’ll Be the Light.” J.C. Penney licensed the work for use in an advertisement for a limited clothing line. The terms of the J.C. Penney license specifically excluded use of the work with DVD sales. Nevertheless, the J.C.Penney advertisement showed up on DVDs for the movie Silver Linings Playbook. This unauthorized use allegedly caused another licensee of Plaintiff (a competitor of J.C. Penney) to terminate its own license for the work.

Spread LLC v. The Weinstein Company, LLC et al

Court Case Number: 3:15-cv-01714
File Date: Thursday, September 10, 2015
Plaintiff: Spread LLC
Plaintiff Counsel: Andrea A. Selkregg of Swider Haver
Defendant: The Weinstein Company, LLC, J.C. Penney Corporation Inc., Anchor Bay Entertainment LLC, Marchesa Holdings LLC
Cause: Federal Copyright Infringement, Breach of Contract, Unjust Enrichment
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

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August Download Cases

01 Tuesday Sep 2015

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

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Ann L. Aiken, BitTorrent, Carl D. Crowell, Copyright, Copyright Litigation, Janice M. Stewart, Litigation Update, Michael W. Mosman, Stacie F. Beckerman, Thomas M. Coffin

During the month of August, 23 copyright or trademark complaints were filed in the District of Oregon. 22 of them (96%) were movie download cases filed by Carl Crowell.

Court Case Number: 3:15-cv-01479
File Date: Thursday, August 06, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01481
File Date: Thursday, August 06, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01482-AA
File Date: Thursday, August 06, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01483-AA
File Date: Thursday, August 06, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 6:15-cv-01480-AA
File Date: Thursday, August 06, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01542
File Date: Friday, August 14, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01544
File Date: Friday, August 14, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01547
File Date: Friday, August 14, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael W. Mosman

Court Case Number: 6:15-cv-01545-TC
File Date: Friday, August 14, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 6:15-cv-01546-AA
File Date: Friday, August 14, 2015
Plaintiff: 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: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01587
File Date: Thursday, August 20, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01593-AA
File Date: Friday, August 21, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01594-AA
File Date: Friday, August 21, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01595-AA
File Date: Friday, August 21, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01596-AA
File Date: Friday, August 21, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 6:15-cv-01597-TC
File Date: Friday, August 21, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 3:15-cv-01631
File Date: Friday, August 28, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael W. Mosman

Court Case Number: 3:15-cv-01632-SB
File Date: Friday, August 28, 2015
Plaintiff: 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

Court Case Number: 3:15-cv-01633-SB
File Date: Friday, August 28, 2015
Plaintiff: 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

Court Case Number: 3:15-cv-01634-ST
File Date: Friday, August 28, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Oregon Trademark Litigation Update – adidas America v. Forever 21

18 Tuesday Aug 2015

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

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Common Law Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Michael H. Simon, State Trademark Dilution, Trademark Counterfeiting, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unfair Trade Practices

Adidas has filed a complaint alleging that clothing retailer, Forever 21, and clothing manufacturer/distributor, Central Mills, have been selling counterfeit adidas clothing. In the complaint, adidas alleges Defendants have been importing and selling “apparel bearing three stripes that constitute counterfeit and/or confusingly similar imitations of adidas’s Three-Stripe Mark,” and included pictures of two examples (see Complaint below).

In 2013, Forever 21 and Central Mills were sued by fashion photograher, Mark Hunter, for copyright infringement. Hunter alleged that Defendants used one of his photographs on clothing without authorization. That case was settled out of court less than four months after the complaint was filed.

adidas America Inc. et al v. Forever 21 Inc. et al

Court Case Number: 3:15-cv-01559
File Date: Monday, August 17, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Forever 21 Inc., Central Mills Inc.
Cause: Counterfeiting, 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: Michael H. Simon

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Oregon Intellectual Property Blog

Category Archives: Litigation

Oregon Trademark Litigation Update – Webb v. Marlon Recreational Products USA, Ltd. et al

Webb v. Marlon Recreational Products USA, Ltd. et al

Oregon Trademark Litigation Update – Blue Sky Wellness Studio v. Blue Sky of Portland

Bridgit Beasley, P.C. d/b/a Blue Sky Wellness Studio v. Blue Sky of Portland, LLC

Oregon Trademark Litigation Update – adidas America v. TRB Acquisitions

adidas America Inc. et al v. TRB Acquisitions LLC

Oregon Copyright Litigation Update – Versatop Support Systems v. Georgia Expo et al

Versatop Support Systems, Inc. v. Georgia Expo Inc. et al

Oregon Copyright Litigation Update – Synopsys files DMCA action against counterfeit licensees

Synopsys Inc. v. Chiyeu Yeu Chao et al

Oregon Trademark Litigation Update – adidas America v. Cougar Sport

adidas America Inc. et al v. Cougar Sport Inc.

Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

adidas America Inc. et al v. Skechers USA Inc.

Oregon Copyright Litigation Update – Spread v. The Weinstein Company et al

Spread LLC v. The Weinstein Company, LLC et al

August Download Cases

Oregon Trademark Litigation Update – adidas America v. Forever 21

adidas America Inc. et al v. Forever 21 Inc. et al