Oregon Trademark Litigation Update – Slep-Tone Entertainment Corporation v. Shea Family Corp.

22 Wednesday May 2013

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This is related to the Slep-Tone v. Denny’s lawsuit filed 1/11/13. Defendant is this case, Shea Family Corp, requested to be severed from the original lawsuit.

Slep-Tone Entertainment Corporation v. Shea Family Corp.

Court Case Number: 6:13-cv-00862-TC
File Date: Wednesday, May 22, 2013
Plaintiff: Slep-Tone Entertainment Corporation
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Shea Family Corp.
Cause: Trademark Infringement, Unfair Competition, Common Law Passing Off, ORS 20.080 and 20.082
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin

Oregon Copyright Litigation Update – Voltage Pictures v. Jim Choi

22 Wednesday May 2013

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

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Voltage Pictures, LLC v. Jim Choi

Court Case Number: 3:13-cv-00855-MO
File Date: Tuesday, May 21, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Jim Choi
Cause: Copyright Infringement
Court: Oregon District Court
Judge: Judge Michael W. Mosman

See other Oregon Download Cases.

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:

Oregon Copyright Litigation Update – Voltage Pictures v. Doe IP 76.115.46.230

20 Monday May 2013

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

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Apparently undaunted by the previous mass dismissals, Voltage Pictures has moved forward with their BitTorrent litigation strategy by filing a copyright infringement action against a single IP address. I’m reluctant to forecast Voltage Pictures’ next move, but I suspect this is a test case that, if financially successful, will result in hundreds of individual filings.

[Update: A commenter has informed that the Defendant in this case was one of the first to respond with a Motion to Quash in one of the original Voltage Pictures cases, 3:13-cv-00295-AC. The Defendant, represented by Swider Medeiros Haver LLP, was released from that case as a part of the mass dismissals undertaken last week by Judge Aiken.]

Voltage Pictures, LLC v. Doe IP 76.115.46.230

Court Case Number: 3:13-cv-00836-BR
File Date: Friday, May 17, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Doe IP 76.115.46.230
Cause: Copyright Infringement
Court: U.S. District Court for the District of Oregon
Judge: Judge Anna J. Brown

See other Oregon Download Cases.

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.

Oregon Brewing Co. sues D.C. restaurant, Rogue 24, for trademark infringement

12 Sunday May 2013

Posted by in Intellectual Property, Litigation, Trademark

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Oregon Brewing Co., otherwise known as Rogue Ales, has sued a D.C. restaurant, Rogue 24, for trademark infringement, trademark counterfeiting and trademark cyber-squatting, among other claims.

The Washington Times has more information about the parties and the Complaint is below. Stay tuned for updates.

Oregon Trademark Litigation Update – Technivorm v. Boyd Coffee Company

07 Tuesday May 2013

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Despite the termination of a distributorship license, Defendant allegedly continues to market itself as the exclusive United States importer and distributor of Netherlands-based Technivorm’s Moccamaster coffee makers on the internet. This case was transferred from the Northern District of Illinois.

Technivorm, B.V. v. Boyd Coffee Company et al

Court Case Number: 3:13-cv-00762-PK
File Date: Monday, May 06, 2013
Plaintiff: Technivorm, B.V.
Plaintiff Counsel: Todd Alan Holleman of Miller, Canfield, Paddock And Stone, PLC
Defendant: Boyd Coffee Company, Boyd Coffee Distribution Company
Cause: Trademark Infringement, Breach of Conract, Unfair Competition, Declaratory Relief
Court: Oregon District Court
Judge: Magistrate Judge Paul Papak

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

05 Sunday May 2013

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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.

Oregon Challenges Iowa High School’s Use of “O”

28 Sunday Apr 2013

Posted by in Intellectual Property, Oregon, Trademark

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This isn’t a David and Goliath story because Okojobi decided to give in, but certainly you’d think the Ducks have larger fish to fry. The University of Oregon has decided to challenge the Okojobi Pioneers, a northwest Iowa high school (with 250 students), for using an “O” as their athletic logo.

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Here’s the trademark registration that Oregon likely claimed was infringed:

Oregon O USPTO Abstract

Apparently, all other “O”-formative schools across the nation should be on the lookout for a cease and desist letter in the near future if they’re using a similar font. New scoreboards, uniforms, bookstore supplies, web redesign, etc. aren’t cheap for a small rural school.

Click here for the full story.

Judge Challenges Voltage Pictures’ Litigation Strategy, Voltage Responds

22 Monday Apr 2013

Posted by in Litigation, Oregon

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Well, that didn’t take long. Just a few weeks after an Ohio judge expressed skepticism about Voltage Pictures’ litigation strategy in the download cases, Oregon Judge Ann Aiken has expressed similar concerns. However, rather than directly severing the hundreds of cases, Judge Aiken has issued an “Order to Show Cause,” allowing Voltage to respond to these issues.   The full Order (see below) is only six pages, but here are a few excerpts:

…the court is mindful of the growing popularity of copyright holders to use courts as tool for identifying alleged infringers as a means to seek quick settlements without actually litigating the cases in court. The failure to amend the complaints in these cases leads the court to suspect that plaintiff in this case may be seeking to use the this court in such a manner while keeping the litigation costs to minimum.

In addition to showing cause as to why the cases should not be dismissed for failure to follow a court order, plaintiff is ordered to show cause why defendants should not be severed and plaintiff required to pay the requisite filing fees to pursue a case against each individual defendant.

Voltage Pictures responded over the weekend with the following Response to Order to Show Cause (and accompanying Declaration of Counsel):