Category Archives: Trademark

Unauthorized UtilitySport® Trailers Allegedly Sold in Oregon

13 Wednesday Sep 2017

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

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This lawsuit arises out of the manufacture, importation, offer for sale, sale, and distribution in the United States of unauthorized copies of UtilitySport® trailers by the Defendants.

The Plaintiff is a utility trailer kit manufacturer located in Grants Pass, Oregon. It owns federal trademark registrations for UtilityMate® and UtilitySport®.

In 2011, Plaintiff entered into a contract with the Defendants for the manufacture of trailers. The Defendants are now accused of manufacturing and selling trailers based on Plaintiff’s designs and using Plaintiff’s trademarks without permission and without compensating Plaintiff.

Trailers Intl LLC et al v. STC International (Shanghai) Co. Ltd. et al.

Court Case Number: 3:17-cv-01432-SI
File Date: Monday, September 11, 2017
Plaintiff: Trailers Intl LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus of Joncus Law LLC
Defendant: STC International (Shanghai) Co. Ltd., Rockford Commercial Warehouse, Inc., Power Equipment Direct Inc.
Cause: Copyright Infringement, Trademark Infringement, Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Motion for Preliminary Injunction, Response Filed in Portland Heart Pizza Trademark Lawsuit

12 Tuesday Sep 2017

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

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Portland, Oregon’s Heart coffee roasters has filed a Motion for Preliminary Injunction in its trademark lawsuit against nearby Heart Pizza (read the original Complaint here).

We also now have a Response from Heart Pizza. There’s some good legal reading in the documents (below) but I’ve included a few highlights. I especially like Heart Pizza’s arguments around why keeping its name is in the public interest.

Public, now’s your chance to speak up…is it in your interest that Heart Pizza keep its name or should it pick a new one? Leave a comment below.

Motion for Preliminary Injunction:

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Response to Motion for Preliminary Injunction:

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Stay tuned for the Court’s ruling on the Plaintiff’s Motion for Preliminary Injunction.

Heart, LLC v. Heart Pizza, LLC

Court Case Number: 3:17-cv-01297-YY
File Date: Monday, August 21, 2017
Plaintiff: Heart, LLC
Plaintiff Counsel: Kenneth R. Davis II, Parna A. Mehrbani of LANE POWELL PC
Defendant: Heart Pizza, LLC, Micah Camden
Defendant Counsel: Steven T. Lovett, Nathan C. Brunette, Elliott J. Williams of STOEL RIVES LLP
Cause: Unfair Competition, Oregon Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Youlee Yim You

Motion for Preliminary Injunction:

Response to Motion for Preliminary Injunction:

Umpqua Bank sued over unauthorized sale of IP Catalog

28 Monday Aug 2017

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

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The Complaint (below) in this intellectual lawsuit has complicated facts that you’ll want to read for yourself. The lawsuit was originally filed in Delaware in February 2017 but recently transferred to the District of Oregon.

Digital Funding, LLC v. Umpqua Bank

Court Case Number: 3:17-cv-01321-PK
File Date: Friday, August 25, 2017
Plaintiff: Digital Funding, LLC
Plaintiff Counsel: Richard M. Beck, Sally E. Veghte of Klehr Harrison Harvey Branzburg LLP
Defendant: Umpqua Bank
Cause: Tortious Interference with Contractual Relations, Conversion, Direct Copyright Infringement, Vicarious Copyright Infringement, Contributory Copyright Infringement, Vicarious Trademark Infringement, Contributory Trademark Infringement
Court: District of Oregon
Judge: Paul Papak

Complaint:

Lawsuit filed over use of DRAGON’S BREATH trademark in connection with electronic cigarettes

21 Monday Aug 2017

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

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Since 2012, the Plaintiff, based in Medford, Oregon, has sold “chemical flavorings in liquid form to be used in electronic cigarette cartridges” using the registered DRAGON’S BREATH trademark.

The Defendant, a Kentucky limited liability company, sells an e-liquid product also using a DRAGON’s BREATH trademark.

Cease-and-desist communications from Plaintiff were unsuccessful, hence this trademark lawsuit. Stay tuned for updates.

ECBlend LLC v. The Mad Alchemist Elixirs & Potions LLC

Court Case Number: 1:17-cv-01273-MC
File Date: Wednesday, August 16, 2017
Plaintiff: ECBLend LLC
Plaintiff Counsel: James M. Blake, Willard L. Ransom of Sorenson, Ransom, Ferguson, Clyde, LLP
Defendant: The Mad Alchemist Elixirs & Potions LLC
Cause: Trademark Infringement
Court: District of Oregon
Judge: Michael J. McShane

Complaint: 

Killer Burger sues former owner over stolen hamburgers

08 Tuesday Aug 2017

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

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Just in time for Portland Burger Week, we have a federal lawsuit over stolen burgers. The Plaintiff is Killer Burger, allegedly “the most popular burger restaurant in Portland, Oregon.”

The Defendants are a former owner of Killer Burger, his wife, and their new restaurant in downtown Portland, Rock and Roll Chili Pit.

The Defendants left Killer Burger in 2016 (apparently not on the best of terms) to start their new restaurant and are accused of “using and advertising two burgers which were stolen straight from the Killer Burger menu.”

Killer Burger considers their burger recipes to be confidential information. Defendants also allegedly used the same burger names (EPIC and BLACK MOLLY) on their menu, hence the trademark claim. Note that Defendant, in a social media video, apparently claims to be the original creator of the two burgers at issue and thus fully entitled to sell them at his new restaurant.

If you can’t get out for Burger Week and want to make the infringing burgers at home, here’s what you’ll need:

“The Epic includes pulled pork, bacon and coleslaw. The Black Molly includes a smokey house sauce, grilled onions and house-brined roasted green chilies.”

Yum. Enjoy Burger Week everyone!

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Photo credit: Bob Burchfield

Killer Burger, Inc. v. Rock and Roll Chili Pit, Inc. et al

Court Case Number: 3:17-cv-01219-MO
File Date: Friday, August 4, 2017
Plaintiff: Killer Burger, Inc.
Plaintiff Counsel: Thomas A. Ped, S. Ward Greene of Williams Kastner Greene & Markley
Defendant: Rock and Roll Chili Pit, Inc., Mark McCrary, Robin McCrary
Cause: Unfair Competition, Violation of ORS Chapter 647, Oregon Trademark Infringement, Violation of Common Law rights, Breach of Contract
Court: District of Oregon
Judge: Michael W. Mosman

Complaint:

Trademark and Unfair Competition lawsuit filed over expired software license

14 Friday Jul 2017

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

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This lawsuit involves the registered trademarks LEXILE, LEXILE FRAMEWORK, LEXILE ANALYZER and METAMETRICS.

The parties previously had a license by which the Defendants could use Plaintiff’s software, but it apparently expired on June 30, 2017.

MetaMetrics, Inc. v. NWEA et al.

Court Case Number: 3:17-cv-01059-BR
File Date: Thursday, July 6, 2017
Plaintiff: MetaMetrics, Inc.
Plaintiff Counsel: Jeff Pitzer of Pitzer Law
Defendant: NWEA (f/k/a Evaluation Association), Matthew Chapman, Jeff Strickler
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, False Advertising, Copyright Infringement, Oregon Trademark Infringement, Common Law Trademark Infringement, Oregon Trademark Dilution, Oregon Unlawful Trade Practices Act, Common Law Unfair Competition, Common Law False Advertising, Breach of Contract, Tort of Conversion
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Local pizzeria owner may not be able to use own name

05 Wednesday Jul 2017

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

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Patsy (Pat) makes pizzas.

New York-style pies are his specialty.

Patsy opens a restaurant in Oak Grove, Oregon called, wait for it, Patsy’s New York Pizzeria. “Best New York pizza in Portland!” Business is good, customers love him, say “He’s everybody’s dad.”

But just when life looked like easy street for Patsy, there’s a trademark lawsuit at his door. The Plaintiff in this lawsuit, a New York corporation, has been operating pizzerias under PATSY’S PIZZERIA or PATSY’s trademarks since 1933 and franchising the PATSY’S PIZZERIA trademark since 1996. Frank Sinatra apparently gave them a shout-out during a live concert in 1976.

Additionally, the name wasn’t the only alleged similarity. The Complaint (below) alleges that Patsy’s (Oregon) offered the same specialty pizzas as Plaintiff’s original menu.

Early conversations in 2015 between Patsy’s and Plaintiff’s counsel were leading toward Patsy changing his pizzeria’s name. However, Patsy has persisted with the name and the Plaintiff now seeks intervention by thefederal court for the District of Oregon.

Stay tuned for updates.

 

I.O.B. Realty, Inc. v. Pasquale DeSiervi d/b/a Patsy’s New York Pizzeria

Court Case Number: 3:17-cv-01023-BR
File Date: Friday, June 30, 2017
Plaintiff: I.O.B. Realty, Inc.
Plaintiff Counsel: James F. Halley of Law Firm of James F. Halley, P.C., Paul Grandinetti, Rebecca J. Stempien Coyle of Levy & Grandinetti
Defendant: Pasquale DeSiervi d/b/a Patsy’s New York Pizzeria, John Does 1-10
Cause: Federal Trademark Infringement, Common Law Trademark Infringement
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Trademark lawsuit erupts over use of SUNWORKS with solar energy

13 Tuesday Jun 2017

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

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Plaintiff, a California corporation, has used the registered SUNWORKS trademark since 2010 in connection with installation, maintenance and repair of solar energy systems.

Defendant has operated a solar energy equipment supplier called “Sunworks” in Jackson County, Oregon since 2011.

Plaintiff alleges instances of actual confusion and that Defendant’s operations in Jackson County are an impediment to Plaintiff’s “long standing plan for market expansion.” Defendant has refused to discontinue use of its trademark.

Stay tuned for updates.

Sunworks United, Inc. v. Kirkland

Court Case Number: 1:17-cv-00896-AA
File Date: Wednesday, June 7, 2017
Plaintiff: Sunworks United, Inc.
Plaintiff Counsel: Richard Billin
Defendant: C.J.Kirkland d/b/a Sunworks
Cause: Trademark Infringement, Dilution
Court: District of Oregon
Judge: Ann L. Aiken

Complaint:

Portland Home Show involved in trademark dispute

24 Wednesday May 2017

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

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This lawsuit involves alleged infringement of the PORTLAND HOME SHOW and PORTLAND HOME & GARDEN SHOW trademarks.

According to the Complaint, Defendant’s business model is “to travel to a location with an established and successful home show and produce a similarly named show several weeks in advance of the established show.”

The dispute originated way back in November 1999, so there’s history between the parties.

Stay tuned for updates.

PHGS, LLC, v. L&L Exhibition Management, Inc.

Court Case Number: 3:17-cv-00795-SI
File Date: Monday, May 22, 2017
Plaintiff: PHGS, LLC
Plaintiff Counsel: J. Peter Staples, Jack R. Scholz of Chernoff Vilhauer LLP
Defendant: L&L Exhibition Management, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Oregon State Trademark Infringement, Common Law Trademark Infringement
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

adidas sues Puma over “Three-Stripe” Trademark

21 Tuesday Feb 2017

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

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The adidas “Three-Stripe” crusade rolls on, this time targeting Puma’s new four-striped soccer cleat.

Interestingly, unlike the other soccer cleats on the Puma website, this one doesn’t bear Puma’s classic formstrip logo.

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Click the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America Inc. et al v. Puma North America, Inc.

Court Case Number: 3:15-cv-00582
File Date: Wednesday, April 08, 2015
Plaintiff: adidas America Inc., adidas AG, adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP, R.Charles Henn Jr. and Jennifer Fairbairn Deal of Kilpatrick Townsend & Stockton LLP
Defendant: Puma North America, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, State Trademark Dilution, Injury to Business Reputation
Court: District of Oregon
Judge: TBD