Who owns “Keep Portland Weird”?

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Happy Halloween. On this day when guys, gals, ghosts and ghouls get weird around the world, I got curious who owns the popular Portland phrase “Keep Portland Weird.” Turns out it’s Music Millennium on East Burnside in Portland. Per Music Millennium’s website:

Keep Portland Weird is about supporting local business in the Portland Oregon area. We want to support local business because they make Portland stand out from other cities and make it a more unique place to live. They do this by providing consumers a wide range of products that represent the different cultures that make up Portland.

Actually, Music Millennium only owns the mark inside Oregon and in connection with “stickers, buttons and t-shirts.” Music Millennium’s Oregon trademark application (below) was filed in September 2006 and claims a date of first use of October 2002.

Music Millennium tried twice to obtain a federal registration for the KEEP PORTLAND WEIRD mark, but was rejected both times by the USPTO based on a prior trademark registration for KEEP AUSTIN WEIRD. The “Keep _____ Weird” phrase apparently originated in Austin, Texas (from Red Wassenich, who says he made the comment after giving a pledge to an Austin radio station), and the federal registration claims a date of first use of October 1, 2001. Check out the Austin registration and Music Millennium’s federal application attempts below:

At apparent odds with both Music Millennium’s quirky, populist message and it’s assertion of rights over KEEP PORTLAND WEIRD, Portland-based PFW Productions filed its own related trademark application with the following description:

“The mark is a modification of the public domain “KEEP PORTLAND WEIRD!” image. The words “KEEP” and “WEIRD!” are visibly crossed out and replaced with the words “MAKE” and “RELEVANT!” respectively.”

Stay safe out there tonight, folks. Don’t forget to check your candy before eating.

Stories from the Week that Was – 10/23-10/29/11

Stories from the Week that Was – 10/23-10/29/11

How Recruiters Use Social Networks to Screen Candidates

Startup Funding by the Numbers [INFOGRAPHIC]

Piracy and Copyright Challenges in 1841 Mirror Those of Today

The Future Of Music Business Models (And Those Who Are Already There)

Tips for Defending Allegations of Domain Name and Trademark Cybersquatting

Long Island Couple files Trademark Application for Occupy Wall St.

US government requests for Google user data grow 29%

Law School Admissions Officers Are Googling Applicants and Checking Them Out on Facebook

“OH WOW. OH WOW. OH WOW.” – Steve Jobs final words, via A Sister’s Eulogy for Steve Jobs

Senator Wyden Urges Opposition to Protect IP Act

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Oregon Senator Ron Wyden continues to be one of the primary figures in the opposition of the widely-reviled PROTECT IP Act, which could drastically change the internet as we know it. The PROTECT IP Act would allow copyright owners – movie studios and other content providers – to shut websites down by court order and cause entire links to the site being wiped clean from the Internet… all by simply accusing a website of infringement.  Any website with a hyperlink, such as Twitter, Facebook or a blog, would be subject to liability. More, non-infringing sites could be inadvertently shut down under the proposal. Indeed, the law is so far-reaching that it would force Internet providers like Comcast to block all access to the allegedly illegal site.

Senator Wyden strongly challenges the PROTECT IP Act due to the bill’s infringement of free speech and stifling of innovation.

For more info, see Forbes “Don’t Let Hollywood Break the Internet With the PROTECT IP Act!

To find out how you can get involved, see the Electronic Frontier Foundation “Take Action Now!” page.

Senator Wyden fights for new patent office in Portland

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Senator Ron Wyden has plans to bring a new patent office to Portland. Wyden met with about 35 local business and public officials this past week to plot how Portland can convince the U.S. Patent and Trademark Office to locate a new satellite office in Portland.

The America Invents Act, passed into law in September, calls for the U.S. patent office to establish three satellite offices around the country. The USPTO has already decided to put one of the new offices in Detroit. Each office is expected to employ between 200 and 500 people.

However, Portland is not the only western city campaigning for one of the new satellite offices. San Francisco and Denver are apparently currently leading the pack based on their strong tech sectors.

“You strip it all down and someone in the West is going to get one of these offices,” Wyden said. “We need to pull out all the stops.”

Check out OregonLive.com for the full story.

Death by 1000 Patent Lawsuits: Amazon Sued Again

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Amazon.com, the world’s biggest online retailer, was hit with more intellectual property lawsuits in the third quarter.

In its quarterly earnings report filed yesterday with the U.S. Securities & Exchange Commission, Amazon, No. 1 in the Internet Retailer Top 500 Guide, revealed that the company is now battling 18 separate intellectual property lawsuits, including eight filed in September. Among those is a case filed in Oregon District Court…Select Retrieval Inc. filed a lawsuit for infringement of a patent for data display software with actions and links that are integrated with various types of data.

Amazon is going to have to do some serious sales this holiday season to cover those legal fees. Ouch.

See Internet Retailer for more info and full list of lawsuits.

Voodoo Doughnuts featured on the USPTO Facebook Page

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Pretty cool to see Portland’s own Voodoo Doughnuts featured on the United States Patent and Trademark Office’s Facebook Page today for “Creepy IP.”

There’s nothing creepy about the savviness with which Voodoo has been protecting their trademarks. Check out their expanding portfolio:

I wonder if they’ve tried to protect the pink box.

 

Stories from the Week that Was – 10/16-10/22/11

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Stories from the Week that Was – 10/16-10/22/11

McDonald’s sues China trademark body over logo dispute

Chinese man pleads guilty for U.S. trade secret theft

Obama announces full withdrawal from Iraq

NATO Commander Announces End to Libyan War Over Facebook

How Recruiters Use Social Networks to Screen Candidates

“The idea of copyright did not exist in ancient times, when authors frequently copied other authors at length in works of non-fiction. This practice was useful, and is the only way many authors’ works have survived even in part.” Richard Stallman

Stories from the Week that Was – 10/9-10/15/11

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Stories from the Week that Was – 10/9-10/15/11

Legal Sector Shed 1,300 Jobs in September

Netflix Abandons Qwikster DVD Plan

Are Facebook ID Cards In Our Future?

“The primary objective of copyright is not to reward the labor of authors, but ‘[t]o promote the Progress of Science and useful Arts.’ To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art.”

Justice Sandra Day O’Connor
Feist Publications, Inc. v. Rural Telephone Service Co.
499 US 340, 349 (1991)

Oregon Trademark Litigation Update – Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

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Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

Plaintiff Hearthside Food Solutions, the “largest privately-owned bakery in the United States,” has turned to the Oregon federal judiciary for assistance in sorting out a trademark dispute with the widow of Yogi Bhajan. Facing accusations of infringement from the widow and unable to successfully negotiate an amicable compromise, Plaintiff has filed for a Declaratory Judgment of Non-Infringement for their PEACE CEREAL, GOLDEN TEMPLE and YOGI marks.

We’ll have to wait for Defendant’s Answer/Counterclaims for more information but this case probably arises from the larger dispute over “The Fight For Yogi Bhajan’s Empire.”  Marketing moves quicker than legal it seems as Plaintiff has already moved to rebrand its Yogi brand products:

The full Complaint is below. Stay tuned to the Oregon Intellectual Property Law Blog for updates as the case proceeds.

“If you want to learn something, read about it.
If you want to understand something, write about it.
If you want to master something, teach it.” Yogi Bhajan

Court Case Number:    3:11-cv-01238-HU
File Date:    Thursday, October 13, 2011
Plaintiff:     Hearthside Food Solutions, LLC
Plaintiff Counsel:     Kenneth R. Davis, II, Parna A. Mehrbani of Lane Powell, PC
Defendant:     Bibiji Inderjit Kaur Puri
Cause:     Declaratory Judgment of Non-Infringement of the Peace Mark; Declaratory Judgment of Non-Infringement of the Golden Temple Mark; Declaratory Judgment of Non-Infringement of the Yogi Mark
Court:    Oregon District Court
Judge:     Magistrate Judge Dennis J. Hubel

Oregon Trademark Litigation Update – Hearthside Food Solutions v. Bibiji Inderjit Kaur Puri

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Hearthside Food Solutions, LLC v. Bibiji Inderjit Kaur Puri

Court Case Number: 3:11-cv-01238-HU
File Date: Thursday, October 13, 2011
Plaintiff: Hearthside Food Solutions, LLC                                                                   Plaintiff Counsel: Kenneth R. Davis, II, Parna A. Mehrbani of Lane Powell, PC
Defendant: Bibiji Inderjit Kaur Puri
Cause: Trademark Infringement, Declaratory Judgment of Non-Infringement
Court: District Court of Oregon
Judge: Magistrate Judge Dennis J. Hubel