Unfair Competition/False Advertising Lawsuit Filed Against Oregon Vitamin-Maker

19 Wednesday Mar 2014

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

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Vitamins Online, Inc. v. DavidPaul Doyle

Court Case Number: 1:14-cv-00441
File Date: Tuesday, March 18, 2014
Plaintiff: Vitamins Online, Inc.
Plaintiff Counsel: Jeffrey M. Peterson of Ater Wynne LLP
Defendant: DavidPaul Doyle
Cause: Unfair Competition, False and Misleading Advertising, Common Law Unfair Competition
Court: District of Oregon
Judge: Magistrate Judge Mark D. Clarke

 

Oregon Trade Dress Litigation Update – Carbon Audio v. Monster

10 Monday Mar 2014

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

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Plaintiff Carbon Audio d/b/a Boomphones, a Portland-based technology company, alleges that California-based competitor Monster Inc. has created a knock-off of Plaintiff’s “Pocket Speaker” product. Monster’s “Superstar” speaker is claimed to have the same internal and external configuration, as well as copying the distinctive and proprietary sounds of Plaintiff’s product.

Image from Complaint

Image from Complaint

Monster’s Superstar speaker is set to go on sale on March 14 and has allegedly already led to instances of consumer confusion, so Plaintiff has filed a Motion for Temporary Restraining Order (see Memorandum below). Monster has already filed its Memorandum in Opposition to the Temporary Restraining Order.

This lawsuit is moving fast out of the gates so stay tuned for updates.

Carbon Audio LLC et al v. Monster, Inc.

Court Case Number: 3:14-cv-00332-PK
File Date: Wednesday, February 26, 2014
Plaintiff: Carbon Audio LLC, Headbox, LLC
Plaintiff Counsel: Stephanie E.L. McCleary, B. John Casey of K & L Gates LLP
Defendant: Monster, Inc.
Cause: Trade Dress Infringement, Misrepresentation, Misappropriation of Trade Secrets, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, State Unlawful Trade Practices, Civil Conspiracy, Common Law Conversion, Unjust Enrichment
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

Complaint:

Memorandum in Support of Temporary Restraining Order and Expedited Discovery:

Memorandum in Opposition to Temporary Restraining Order:

Oregon Senate Considers Patent Troll Bill

18 Tuesday Feb 2014

Posted by in Intellectual Property, Litigation, Oregon, Patent

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The Oregon Senate is currently considering what has been widely touted as a prohibition against “patent trolls.” Generally, a patent troll is a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question. Of course, one person’s patent troll is another person’s valid patent rights holder so it will be interesting to watch this bill (SB 1540 A…full text below) as it proceeds.

Briefly, the bill “[p]rohibits person or person’s affiliate from communicating demand to recipient if in demand person or affiliate alleges, asserts or claims in bad faith that recipient has infringed or contributed to infringing patent or rights that patentee, assignee or licensee has under patent.”

Clearly what constitutes “bad faith” will be important to delineate. The bill is currently before the House Committee on Judiciary. Stay tuned for updates.

Oregon Trademark Litigation Update – Raptor Archery v. Robert Maitland

10 Monday Feb 2014

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

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Archery_targetThis is a fairly straightforward trademark dispute over the use of the “RAPTOR” trademark in connection with archery equipment. Plaintiff is based in Hood River, Oregon. Defendant is based in Sparks, Nevada, which is located just east of Reno. Plaintiff has a federal registration since 1998 and has used their RAPTOR ARCHERY mark since 1991.

Raptor Archery, Inc. v. Robert Maitland

Court Case Number: 3:14-cv-00203
File Date: Thursday, February 06, 2014
Plaintiff: Raptor Archery, Inc.
Plaintiff Counsel: William H. Sumerfield of Phillips Reynier & Sumerfield
Defendant: Robert Maitland
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition, Federal False Designation of Origin or Source
Court: District of Oregon
Judge: Janice M. Stewart

Oregon Trademark Litigation Update – CTS Wholesale v. South Bay Trading

15 Wednesday Jan 2014

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Trademark AbstractThis is a declaratory judgment action by which the Plaintiff, Salem-based CTS Wholesale, hopes to obtain the Court’s judgment that it is not liable for infringing two of Defendant’s federal trademark registrations. The Defendant, a California-based sunglasses producer, had previously filed a lawsuit in California which was dismissed on January 13 for lack of personal jurisdiction. Plaintiff filed this Complaint for Declaratory Judgment on the same day the California lawsuit was dismissed, presumably hoping for a “home court advantage.”

As general information, a “declaratory judgment” is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.

CTS Wholesale, LLC v. South Bay Trading, Inc.

Court Case Number: 6:14-cv-00069-AA
File Date: Monday, January 13, 2014
Plaintiff: CTS Wholesale, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: South Bay Trading, Inc.
Cause: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – Nike v. DBV Distribution

12 Sunday Jan 2014

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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