Tag Archives: Ann L. Aiken

Voltage Pictures Files Four More BitTorrent Lawsuits Against Individual Does

06 Wednesday Aug 2014

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

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Voltage Pictures has filed four more BitTorrent lawsuits regarding the film Dallas Buyers Club. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 67.166.84.226
Court Case Number: 3:14-cv-01241
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 67.166.84.226
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 50.76.100.253
Court Case Number: 3:14-cv-01242
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 50.76.100.253
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Dennis J. Hubel

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 67.171.198.215
Court Case Number: 6:14-cv-01243-AA
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 67.171.198.215
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Anne L. Aiken

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 24.22.127.95
Court Case Number: 6:14-cv-01244-TC
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 24.22.127.95
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Thomas M. Coffin

Representative Complaint

Voltage Pictures Files Two More BitTorrent Lawsuits Against Individual Does

30 Wednesday Jul 2014

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

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Voltage Pictures has filed two more BitTorrent lawsuits regarding the film The Company You Keep. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Court Case Number: 3:14-cv-01191
File Date: Friday, July 25, 2014
Plaintiff: Voltage Pictures LLC, TCYK, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe 76.105.157.206
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 6:14-cv-01193-AA
File Date: Friday, July 25, 2014
Plaintiff: Voltage Pictures LLC, TCYK, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe 50.141.98.1
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Representative Complaint

Oregon Trademark Litigation Update – Mackenzie Architecture v. Mackenzie Engineering

06 Friday Jun 2014

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

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For nearly a decade, Plaintiff and Defendants were able to coexist using their respective marks, MACKENZIE ARCHITECTURE and GROUP MACKENZIE. Around August 2013, Defendants dropped GROUP from the mark GROUP MACKENZIE and began operating under the mark MACKENZIE alone. Both entities are located in Portland, Oregon and provide architecture services.

Mackenzie Architecture Inc. v. Mackenzie Engineering Inc. et al

Court Case Number: 3:14-cv-00886-AA
File Date: Monday, June 02, 2014
Plaintiff: Mackenzie Architecture Inc.
Plaintiff Counsel: Kevin M. Hayes of Klarquist Sparkman LLP
Defendant: Mackenzie Engineering Inc., Group Mackenzie Incorporated Architecture Planning & Interior Designs
Cause: Unfair Competition, Trademark Infringement, Improper Amendment, Improper Ownership
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – AXTS v. Arms Unlimited

27 Wednesday Nov 2013

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

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Plaintiff AXTS is an Oregon corporation based in Salem, Oregon. AXTS designs, manufactures, and sells firearm accessories, including the RAPTOR charging handle at issue in this litigation. Plaintiff Rainer Arms is a Washington-based company that co-brands the RAPTOR charging handle.

Defendant Arms Unlimited has allegedly sold counterfeit RAPTOR charging handles on eBay, Amazon and its own website. This lawsuit was brought against Arms Unlimited and its individual owners.

Stay tuned for updates.

FYI, a charging handle (see image below) is a device on a firearm which, when operated, results in the hammer or striker being cocked or moved to the ready position. The devices can vary significantly between firearms.

Charging Handle

AXTS Inc. et al v. Arms Unlimited Inc. et al

Court Case Number: 6:13-cv-02100-AA
File Date: Tuesday, November 26, 2013
Plaintiff: AXTS Inc., Rainier Arms, LLC
Plaintiff Counsel: Jon P. Stride, David M. Weiler of Tonkon Torp LLP
Defendant: Arms Unlimited Inc., Daniel Shamie, Josh Salama
Cause: Trademark Infringement, Trademark Counterfeiting, Unfair Competition, False Designation of Origin, Oregon Unfair Trade Practices Act, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – Repar Corporation v. Willowood USA

25 Tuesday Jun 2013

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

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Here’s an interesting case…breach of a noncompete, trade secrets, trademark infringement, pesticides and even the EPA.

Court Case Number: 6:13-cv-01043-AA
File Date: Thursday, June 20, 2013
Plaintiff: Repar Corporation
Plaintiff Counsel: Jeff S. Pitzer, Bryan S. Geon of Pitzer Law
Defendant: Willowood USA, LLC, Brian Heinze
Cause: Breach of Express Contract, Breach of Implied-in-Fact Contract, Quasi-Contract/Unjust Enrichment, Misappropriation of Trade Secrets, Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement and Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

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.

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):

Oregon Trademark Litigation Update – Pacwest Development, LLC v. Pacwest II, L.L.C.

21 Thursday Feb 2013

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

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Pacwest Development, LLC v. Pacwest II, L.L.C.

Court Case Number: 6:13-cv-00300-AA
File Date: Wednesday, February 20, 2013
Plaintiff: Pacwest Development, LLC
Plaintiff Counsel: Todd R. Johnston of Hershner Hunter LLP
Defendant: Pacwest II, L.L.C.
Cause: Trademark Infringement, Federal Unfair Trade Practice, Unfair Trade Practice, Dilution
Court: Oregon District Court
Judge: Chief Judge Ann L. Aiken

Oregon Copyright Litigation Update – Voltage Pictures, LLC v. Does 1 – 198

20 Wednesday Feb 2013

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

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Voltage Pictures, LLC v. Does 1 – 198

Court Case Number: 6:13-cv-00290-AA
File Date: Tuesday, February 19, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D Crowell of Crowell Law
Defendant: Does 1 – 198
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright,
Court: Oregon District Court
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – Slep-Tone Entertainment Corporation v. Frank-N-Steins Pub et al

16 Saturday Feb 2013

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

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Slep-Tone Entertainment Corporation v. Frank-N-Steins Pub et al

Court Case Number: 6:13-cv-00279-AA
File Date: Friday, February 15, 2013
Plaintiff: Slep-Tone Entertainment Corporation
Plaintiff Counsel: Carl D Crowell of Crowell Law, Franklin J. Seibert of Franklin Jason Seibert
Defendant: Frank-N-Steins Pub, EET L.L.C.
Cause: Trademark Infringement, Unfair Competition, Unlawful Trade Practices, Common Law Passing Off
Court: Oregon District Court
Judge: Chief Judge Ann L. Aiken