Category Archives: Portland

Oregon State Bar Intellectual Property Section Social this Thursday

14 Monday Jul 2014

Posted by in Intellectual Property, Oregon, Portland

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July Happy Hour on the Water!

Join your colleagues for a social and networking get-together on the Oregon Maritime Museum Sternwheeler on the Willamette River.

SPONSORED BY:   SCHWABE, WILLIAMSON & WYATT; STOLL BERNE; and KOLISCH HARTWELL

WHEN: Thursday, July 17, 2014, 5-7 p.m.

WHERE:   Oregon Maritime Museum, On the Willamette River, Waterfront Park, SW Naito Parkway at Pine St, Portland, 503-224-7724,http://www.oregonmaritimemuseum.org/index.html

A variety of appetizers will be served, courtesy of the IP Section.  Beer, wine, and non-alcoholic beverages will be available.  Come to network, compare notes, give us feedback on desired CLE topics for the future, and enjoy some great food and sun on the deck of the sternwheeler.

Please RSVP to Allen Field – allen@allenfieldlaw.com, 503-789-5533.

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Oregon Trade Dress Litigation Update – Marmoset v. The Music Bed

25 Tuesday Mar 2014

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

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Plenty of thought, time and expense goes into creating a website. Therefore, it has to be pretty upsetting when a direct competitor rips off the “look and feel” of your site. Marmoset

That’s what Marmoset, a specialized boutique music agency based in Portland, Oregon, alleges of The Music Bed, a similar company in Fort Worth, Texas. Check out comparison images in the Complaint or, better yet, go visit the websites yourself.

What do you think? Are the websites too similar? Confusingly similar?

And remember, imitation is the sincerest form of flattery.

Marmoset, LLC v. The Music Bed, LLC

Court Case Number: 3:14-cv-00431-MO
File Date: Monday, March 17, 2014
Plaintiff: Marmoset, LLC
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC, Charles F. Moore of Alleman Hall McCoy Russell & Tuttle LLP
Defendant: The Music Bed, LLC
Cause: Trade Dress Infringement, Unfair Competition, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

UPDATE 7/7/2014: A Notice of Voluntary Dismissal Without Prejudice was filed in this lawsuit on 6/6/2014. To date, there have been no discernible changes to either website.

Oregon Copyright Litigation Update – City of Portland v. Romtec

20 Tuesday Aug 2013

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

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Portland Loo v. Sidewalk ToiletThe first Portland Loo was installed on December 8, 2008, “to enormous media attention.” Portland has used the Loo to capitalize on its reputation as a “green” innovator and has sold the Loo to various municipalities including: Ketchikan Gateway Borough, Alaska, and Victoria and Nanaimo in British Columbia, Canada. The City is currently negotiating to sell Portland Loos to Esquimalt, British Columbia, San Diego, California, and Seattle, Washington.

In January 2013, Portland city officials were informed by an official with the City of Cincinnati, that Defendant Romtec was manufacturing and marketing for sale a restroom substantially and strikingly similar to the Portland Loo called the “Sidewalk Restroom.” Romtec first introduced its Sidewalk Restroom in late 2012.

Portland alleges that Romtec’s Sidewalk Restroom is “substantially and strikingly similar to the distinctive Portland Loo in its total overall expression, appearance, configuration, size, description, and promotion and features key elements that appear to have been copied from the Protected Work including, but not limited to: (a) the placement, size, position, and dimensions of its louvers; (b) the choice of metal wall panels; (c) use of an anti-graffiti powder coating; (d) the stripped down plumbing that facilitates its set-in-place installation; (e) placement of the sink on the exterior of the unit; and (f) dedicated space for art and advertising.”

This lawsuit was brought by Portland to prevent the sale of the Sidewalk Restroom. More background is included in the Complaint (below). Stay tuned for updates.

City of Portland Oregon v. Romtec, Inc.

Court Case Number: 3:13-cv-01453-MO
File Date: Monday, August 19, 2013
Plaintiff: City of Portland Oregon
Plaintiff Counsel: Lisa M. Gramp – Attorney at Law
Defendant: Romtec, Inc.
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, False Designation of Origin, Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Dilution, Oregon Uniform Trade Practices Act
Court: District of Oregon
Judge: Judge Michael W. Mosman

Crave Bake Shop Changes Name, Settles Trademark Lawsuit

21 Tuesday May 2013

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

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Two months ago, Lake Oswego-based Crave Bake Shop filed a Declaratory Judgment of Non-Infringement action to preserve the right to use the “Crave” trademark in connection with gluten-free baked goods. A settlement has apparently been reached with San Francisco-based Crave bakery and Crave Bake Shop will now become Kyra’s Bake Shop.

More information, including background on the parties, is available from the Portland Tribune. While the terms of the settlement are undisclosed, Kyra Bussanich, owner of Crave Bake Shop, provides some insight into her future naming plans.

“The new name will start transitioning this summer…With my cookbook about to be released and our new line of dry mixes and the expansion plans on the horizon, I want to funnel all the goodwill I have built up to be associated with my new Kyra’s Bake Shop name as I move forward. Of course, I will retain the trademark on Crave Bake Shop and the website until people are used to KBS.”

Notice of Dismissal:

Voltage Pictures Lawsuits DISMISSED

13 Monday May 2013

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

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For all but the one unlucky individual designated as Doe #1 in each case, the Voltage Pictures BitTorrent download cases have been dismissed. Voltage Pictures is permitted to refile against each of the defendants individually, but will now be required to pay the $400 court filing fee for each defendant rather than one lump payment. The Oregonian does some nice reporting on the dismissal.

Here is the full Order of Dismissal. It’s worth a read.

 

It’s doubtful that this is the last Oregon will see of these BitTorrent cases so stay tuned for updates.

Portland Arts Tax ($35) due May 15, 2013

05 Sunday May 2013

Posted by in Legislation, Portland

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Portland Arts Tax NoticeOn November 6, 2012, Portland voters passed the Arts Education and Access Income Tax (Arts Tax). This new income tax will fund Portland school teachers and art focused non-profit organizations in Portland.

Each Portland resident, age 18 and older, must file either:

    1. Arts Tax Return
    2. Request an Arts Tax Exemption

If due, the Arts Tax is $35 per person. The Arts Tax Exemption applies if the combined household income, including social security and other nontaxable income, is at or below the federal poverty level. If the Household Exemption does not apply, you must file an Arts Tax Return.

Due date is May 15, 2013. More info available here.

U.S. to fund 46 transportation projects, including Portland’s Sellwood Bridge Replacement

15 Thursday Dec 2011

Posted by in Federal Initiatives, Oregon, Portland

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U.S. Transportation Secretary Ray LaHood announced Thursday that 46 transportation projects in 33 states and Puerto Rico will receive $511 million in the latest round of Transportation Investments Generating Economic Recovery (TIGER) grants. Multnomah County is among the recipients, for the Sellwood Bridge Replacement project.

Old Sellwood Bridge

The award “will provide the final piece of funding for the complete replacement of the Sellwood Bridge in Portland, OR. The Sellwood Bridge, which was constructed in 1925, is the only crossign over the Willamette River within 12 miles, and is structurally deficient and functionally obsolete. A new two-lane steel arch bridge is being constructed to replace the existing bridge.”

See the Sellwood award below:

 

For more on the other awards, see CNN.com.

Occupy Entrepreneurs Learn Trademark Law

15 Tuesday Nov 2011

Posted by in Intellectual Property, Oregon, Portland, Trademark

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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

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

13 Sunday Nov 2011

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

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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

Portland Bike Company Faces Trademark Fight

11 Friday Nov 2011

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

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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.