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Oregon Intellectual Property Blog

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Category Archives: Oregon

Oregon State in Mustard Seed Patent Dispute

10 Thursday Sep 2009

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

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(AP) — BOISE, Idaho – Three Pacific Northwest universities face a federal lawsuit that accuses them of using, without permission, a Canadian inventor’s patented process to build a better yellow mustard seed.

Soheil Sharafabadi, who filed the lawsuit in U.S. District Court in Seattle, says the University of Idaho used his patent to produce new varieties of mustard seed with higher yields.

Washington State University and Oregon State University collaborated with the Idaho university, providing research stations and scientists, according to court documents.

The lawsuit, filed July 23, names all three schools and agricultural suppliers in Idaho, Washington, Montana and California that sell and distribute the mustard seeds Sharafabadi says were developed with his 1990 “Pseudoplastic Yellow Mustard Gum” patent (Patent No. 4,980,186).

Seed patent

Plaintiff: Soheil K Sharafabadi
Defendant: University of Idaho, Pacific Northwest Farmers Coop (Genesee), Pacific Northwest Farmers Coop (Colfax), Montana Specialty Mills LLC, McKay Seeds Company, LA Hearne Company, Oregon State University and Washington State University
Case Number: 2:2009cv01043
Filed: July 23, 2009
Court: Washington Western District Court
Office: Seattle Office [ Court Info ]
County: XX Outside US
Presiding Judge: Judge James L. Robart
Nature of Suit: Intellectual Property – Patent
Cause: 35:271 Patent Infringement
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

Full story here.

BSU Files Trademark Lawsuit Against Fred Meyer

02 Wednesday Sep 2009

Posted by Kenan Farrell in Litigation, Oregon, Trademark

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Boise State University is suing Portland-based grocery chain Fred Meyer for trademark infringement on merchandise being sold in advance of this week’s football showdown against Oregon.

The lawsuit filed in U.S. District Court in Boise last Thursday accuses the grocer of selling blue and orange shirts at several stores close to the BSU campus and adjacent to officially sanctioned apparel.  The shirts include statements like “Duck Season” and “Buck the Ducks,” and feature pictures of a bronco kicking a duck.

University lawyers contend the shirts were not officially licensed through the school’s licensing agent and infringe on name and color scheme trademarks.

School officials have been working to resolve the matter, and the grocery chain has reportedly been cooperative.  Shirts are being removed from stores, so if you’ve already bought one, consider it a collectors’ item.

The No. 14 Broncos open the season Thursday night at home against No. 16 Oregon.

duck

Oregon Trademark Litigation Update – Relativity Rogue, LLC v. Oregon Brewing Company

25 Tuesday Aug 2009

Posted by Kenan Farrell in Litigation, Oregon, Trademark

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Case Number: 2:09-cv-05887-GW-VBK
File Date: Wednesday, August 12, 2009
Plaintiff: Relativity Rogue, LLC
Plaintiff Counsel: Anthony M. Keats, David K. Caplan, Konrad K. Gatien of Keats McFarland & Wilson LLP
Defendant: Oregon Brewing Company
Cause: 15:1051 Trademark Infringement
Court: California Central District Court
Judge: Judge George H. Wu
Referred To: Magistrate Judge Victor B. Kenton

roguestout

A California-based film production company named Relativity Rogue (“Relativity”) has filed an action for declaratory relief against Oregon Brewing Company (“OBC,” a.k.a. the makers of fine Rogue ales).  OBC sent cease & desist letters in June and July, 2009, asserting that Relativity’s use of the term “rogue” in connection with a multi-media ROGUE PICTURES-themed  concert venue called The Rogue Joint in Las Vegas will result in consumer confusion with OBC’s ROGUE trademarks for alcoholic beverages.  Rather than quibble about it, Relativity decided it would just go ahead and have the issue decided by the California Central District Court, filing this Complaint for Declaratory Relief.  Relativity seeks a judgment that it’s use of the term “rogue” in connection with its entertainment-related business activities does not constitute trademark infringement, unfair competition, trademark dilution, or rise to any actionable violation of OBC’s rights in the ROGUE marks.  Way to take the initiative, Relativity!

This quick trigger by Relativity makes me think this is either a part of their settlement strategy or the parties just came to an impasse in negotiations.  Either way, the court will now attempt to settle their rights in the public eye, for better or worse.  I’ll update you as this matter proceeds.

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For a copy of the full complaint, please leave a comment with your email.

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