Category Archives: Oregon

Oregon Trademark Litigation Update – Nike v. DBV Distribution

12 Sunday Jan 2014

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

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Nike, Inc. v. DBV Distribution, Inc. et al

Court Case Number: 3:14-cv-00040-ST
File Date: Wednesday, January 08, 2014
Plaintiff: Nike, Inc.
Plaintiff Counsel: Jon P. Stride of Tonkon Torp LLP
Defendant: DBV Distribution, Inc., Dragon Bleu, Sarl
Cause: Trademark Infringement, False Designation of Origin, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Cancellation of Trademarks
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Oregon Copyright Litigation Update – Business Transitions v. Erik Pahlow et al

16 Monday Dec 2013

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

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This father vs. son copyright/trade secret/employment lawsuit results from the son’s desire to create a new business in competition with the father’s business. Along the way, the son (previously employed by the father’s company) has allegedly taken intellectual property, trade secrets and employees from the father’s company, all in violation of existing Confidentiality/Nondisclosure agreements and Employee policies.

Business Transitions, LLC et al v. Erik Pahlow et al

Court Case Number: 3:13-cv-02168-ST
File Date: Tuesday, December 10, 2013
Plaintiff: Business Transitions, LLC, FP Transitions, LLC
Plaintiff Counsel: David P. Rossmiller of Dunn Carney Allen Higgins & Tongue LLP
Defendant: Erik Pahlow, Salena Santibanez, Resource Group, LLC, David Grau, Jr.
Cause: Copyright Infringement, Oregon Trade Secret Misappropriation, Breach of Contract, Unlawful Trade Practices, Intentional Interference With Contract or Prospective Business Advantage, Permanent Injunction
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Oregon Copyright Litigation Update – Shardan International Marketing v. Diane Adams et al

07 Saturday Dec 2013

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

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Plaintiff, Shardan International Marketing, is a Las Vegas-based corporation that holds registered copyrights in certain works of renowned visual artist Sharie Hatchett Bohlmann (image at right).

Defendant Adams is alleged to have sold unauthorized reproductions of Bohlmann’s artwork at Sears and on Amazon, both of which are also listed as defendants.

Stay tuned for updates.

Shardan International Marketing, Inc. v. Diane Adams et al

Court Case Number: 3:13-cv-02146-SI
File Date: Friday, December 06, 2013
Plaintiff: Shardan International Marketing, Inc.
Plaintiff Counsel: Leonard D. DuBoff of The DuBoff Law Group LLC
Defendant: Diane Adams, Sears, Roebuck and Co., Amazon.com, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

Oregon Trademark Litigation Update – Herb Pharm v. Medical Wellness Associates

03 Tuesday Dec 2013

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

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Plaintiff, Herb Pharm, based in Williams, Oregon (south of Grants Pass), has used the SUPER ECHINACEA trademark in connection with “herbal, dietary and nutritional supplements” since 1984. Defendant, a Pennsylvania corporation, has allegedly begun selling over-the-counter herbal Echinacea products under the same trademark. Defendant’s failure to comply with a cease and desist request led to this lawsuit. 

EchinaceaFYI, echinacea is widely used to fight infections, especially the common cold and other upper respiratory infections. Echinacea is also used against the flu, urinary tract infections, vaginal yeast infections, genital herpes, bloodstream infections (septicemia), gum disease, tonsillitis, streptococcus infections, syphilis, typhoid, malaria, and diphtheria. Echinicea is a member of the daisy family and commonly called a coneflower. 

Herb Pharm, LLC v. Martin P Gallagher et al

Court Case Number: 3:13-cv-02133
File Date: Tuesday, December 03, 2013
Plaintiff: Herb Pharm, LLC
Plaintiff Counsel: John D. Ostrander, Tyler J. Volm of Elliott Ostrander & Preston, PC
Defendant: Martin P Gallagher, Medical Wellness Associates, P.C.
Cause: Federal Trademark Infringement, Contributory Infringement
Court: District of Oregon
Judge: Janice M. Stewart

Oregon Trademark Litigation Update – AXTS v. Arms Unlimited

27 Wednesday Nov 2013

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

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Plaintiff AXTS is an Oregon corporation based in Salem, Oregon. AXTS designs, manufactures, and sells firearm accessories, including the RAPTOR charging handle at issue in this litigation. Plaintiff Rainer Arms is a Washington-based company that co-brands the RAPTOR charging handle.

Defendant Arms Unlimited has allegedly sold counterfeit RAPTOR charging handles on eBay, Amazon and its own website. This lawsuit was brought against Arms Unlimited and its individual owners.

Stay tuned for updates.

FYI, a charging handle (see image below) is a device on a firearm which, when operated, results in the hammer or striker being cocked or moved to the ready position. The devices can vary significantly between firearms.

Charging Handle

AXTS Inc. et al v. Arms Unlimited Inc. et al

Court Case Number: 6:13-cv-02100-AA
File Date: Tuesday, November 26, 2013
Plaintiff: AXTS Inc., Rainier Arms, LLC
Plaintiff Counsel: Jon P. Stride, David M. Weiler of Tonkon Torp LLP
Defendant: Arms Unlimited Inc., Daniel Shamie, Josh Salama
Cause: Trademark Infringement, Trademark Counterfeiting, Unfair Competition, False Designation of Origin, Oregon Unfair Trade Practices Act, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – Idylwilde v. Umpqua Feather Merchants

13 Wednesday Nov 2013

Posted by in District of Oregon, Intellectual Property, Litigation, Oregon, Trade Dress, Trademark

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Portland-based Idylwilde designs, manufactures, markets, brands, and sells flies for the global fly fishing industry. According to the Complaint, “Idylwilde sells to a very sophisticated buyer of flies where the stylized portrayal of insect species, sex, and maturity level of the hatch make a difference the customer is willing to pay for based on the fly designer’s style.”

The Complaint is long but it has a little bit of everything so it’s worth a read. This will be an interesting case to monitor.

Idylwilde, Inc. et al v. Umpqua Feather Merchants, LLC et al

Court Case Number: 3:13-cv-02009-HZ
File Date: Tuesday, November 12, 2013
Plaintiff: Idylwilde, Inc., Zach Mertens
Plaintiff Counsel: Katherine R. Heekin of The Heekin Law Firm
Defendant: Umpqua Feather Merchants, LLC, Mirabel, Inc., Bien Tan, Does 1 through 10, Inclusive
Cause: Trade Dress Infringement, Federal False Designation of Origin, and Unfair Competition, Trademark and Trade Dress Dilution, Common Law Trademark Infringement, Misappropriation of Trade Secrets, Intentional Interference with Contracts and Prospective Economic Advantage, Breach of Fiduciary Duty, Conversion, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

 

Oregon Trademark Litigation Update – All Care in Home Support Service v. Mid Rogue Independent Physician Association

12 Tuesday Nov 2013

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All Care in Home Support Service, Inc. v. Mid Rogue Independent Physician Association, Inc.

Court Case Number: 1:13-cv-02004-PA
File Date: Monday, November 11, 2013
Plaintiff: All Care in Home Support Service, Inc.
Plaintiff Counsel: Peter E. Heuser, Matthew R. Wilmot of Schwabe Williamson & Wyatt PC
Defendant: Mid Rogue Independent Physician Association, Inc.
Cause: Federal Unfair Competition, Oregon State Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Cancellation of Federal Trademark Registrations
Court: District of Oregon
Judge: Judge Owen M. Panner

New TMEP Update Released by USPTO

04 Monday Nov 2013

Posted by in Intellectual Property, Legislation, Oregon, Trademark

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On Wednesday, October 30, 2013, the Office issued the October 2013 update of the Trademark Manual of Examining Procedure (TMEP).  The update (which is posted on the USPTO website here), includes precedential case law and other changes that have occurred since the April 2013 TMEP revision.  In a few areas, existing procedures have been revised or new procedures have been added.  For a listing of all the changes, see Changes in the TMEP October 2013 Edition.

The TMEP is published to provide trademark examining attorneys in the USPTO, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO. The TMEP contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications.

October 2013 TMEP: http://tmep.uspto.gov/RDMS/detail/manual/TMEP/Oct2013/d1e2.xml

Oregon Trademark Litigation Update – Upsource, LLC v. Upsource, Inc.

21 Monday Oct 2013

Posted by in Intellectual Property, Litigation, Oregon, Trademark

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This trademark dispute is between Upsource, LLC, an Oregon-based internet marketing company and Upsource, Inc., a Massachusetts-based call center and customer service outsourcing company, over the use rights to the mark Upsource and the domain name upsource.com. In response to a recent cease-and-desist letter, the Oregon-based Upsource, LLC, seeks a declaration that its use of the Upsource mark and upsource.com domain name is not violative of the rights of Upsource the call center.

Upsource, LLC v. Upsource, Inc.

Court Case Number: 3:13-cv-01862-ST
File Date: Friday, October 18, 2013
Plaintiff: Upsource, LLC
Plaintiff Counsel: Phil A. Nelson of Slinde & Nelson LLC
Defendant: Upsource, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Oregon Copyright Litigation Update – Murakami-Wolf-Swenson v. Lawrence A. Cole

17 Thursday Oct 2013

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

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Murakami-Wolf-Swenson, Inc. v. Lawrence A. Cole et al

Here’s a blast from the past…a copyright case involving the sale of unauthorized DVDs. The film is The Point, a 1971 children’s fantasy movie narrated by Ringo Starr, with music composed and performed by Harry Nilsson.

The Complaint is interesting because it includes not only the alleged manufacturer/distributor of the DVDs but also 100 unnamed defendants. The Complaint is vague regarding the 100 Does, but “some…are willfully offering unauthorized copies of The Point for sale to the public, and have actually sold unauthorized copies.”

In case you don’t have an unauthorized DVD and can’t remember the film, here’s the Full Length Movie viewable on YouTube:

See why unauthorized DVD lawsuits are a blast from the past?

Court Case Number: 3:13-cv-01844-BR
File Date: Wednesday, October 16, 2013
Plaintiff: Murakami-Wolf-Swenson, Inc.
Plaintiff Counsel: Michael M. Ratoza of Bullivant Houser Bailey, PC
Defendant: Lawrence A. Cole, Magnum Productions LLC, Does 1-100
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Anna J. Brown