Tag Archives: Anna J. Brown

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:

Country Archer vs. Tillamook Country Smoker…are you confused?

21 Thursday Jul 2016

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

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Food fight!

Country Archer is a California-based purveyor of beef jerky.

Tillamook Country Smoker, based in Tillamook, Oregon, is one of the four largest purveyors of jerky in the United States.

On July 12, Tillamook Country Smoker received a demand letter from Country Archer accusing Tillamook’s new packaging of trademark infringement, copyright infringement, trade dress infringement and violation of California’s Unfair Competition Law.

Based on their belief that the demand letter was frivolous, Tillamook promptly filed this lawsuit seeking a declaration of non-infringement.

Take a look at the comparison images from the Complaint. Are you confused?

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Tillamook Country Smoker, Inc. v. S & E Gourmet Cuts, Inc. et al

Court Case Number: 3:16-cv-01477-BR
File Date: Wednesday, July 20, 2016
Plaintiff: Tillamook Country Smoker, Inc.
Plaintiff Counsel: J. Peter Staples, Susan D. Pitchford, Amelia S. Forsberg of Chernoff Vilhauer LLP
Defendant: S & E Gourmet Cuts, Inc. d/b/a Country Archer, Country Archer
Cause: Declaration of Non-Infringement of Trademarks, Declaration of Non-Infringement of Trade Dress, Declaration of Non-Infringement of Copyright, Declaration of Non-Infringement of Cal. Bus. & Prof. Code §17200
Court: District of Oregon
Judge: Anna J. Brown

Complaint: 

 

Yarn company sues to enforce Twisted trademark

27 Monday Jun 2016

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

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The Plaintiff, based in Portland, Oregon, sells knitting, crochet, spinning, and weaving supplies using the trade name Twisted.

In April 2016, the Plaintiff learned that Defendants, a competitor based in Chelan, Washington, had recently changed their name from “Warehouse Woolery” to “Twisted Fine Yarn & Wool”. The Complaint (below) references several actual instances of confusion.

On June 9, 2016, after receiving Plaintiff’s letters, which put Defendants on notice of Plaintiff’s TWISTED marks and claim of infringement, Defendants filed a federal trademark application for TWISTED FINE YARN & WOOL. That action, unsurprisingly, prompted this trademark lawsuit and likely a trademark opposition. Stay tuned for updates.Screen Shot 2016-06-27 at 6.08.23 PM

Twisted LLC v. 3ZS LLC et al

Court Case Number: 3:16-cv-01259-BR
File Date: Friday, June 24, 2016
Plaintiff: Twisted, LLC
Plaintiff Counsel: Parna A. Mehrbani of Lane Powell PC
Defendant: 3ZS, LLC d/b/a Twisted Fine Yarn & Wool, Sandi Sandum
Cause: Federal Trademark Infringement, Unfair Competition, Oregon, State Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Simple Finance files trademark lawsuit against Simple RTO, alleges website mimicry

10 Tuesday May 2016

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

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This trademark dispute involves the trademarks SIMPLE and SIMPLE FINANCE in connection with financial services.

In addition to using confusingly similar trademarks, the Defendant is also accused of mimicking the design of Plaintiff’s website.

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Simple Finance Technology Corp. v. Simple RTO, LLC

Court Case Number: 3:16-cv-00801-BR
File Date: Monday, May 9, 2016
Plaintiff: Simple Finance Technology Corp.
Plaintiff Counsel: Kristina J. Holm, William C. Rava of Perkins Coie LLP
Defendant: Simple RTO, LLC d/b/a Simple Finance
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, State Dilution
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Portland’s new “Pelican’s Waiting Room” sued for Trademark Infringement on First Day of Business

23 Wednesday Mar 2016

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

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Less than a week into operation and already facing a trademark lawsuit…ouch. I’d revert to the IP attorney’s old adage of “Always do a proper trademark clearance search” but I’m not sure that was even necessary here. The Plaintiff in this trademark lawsuit is the well-known Pelican Brewing Company, set in beautiful Pacific City, Oregon.

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Defendants are alleged to have (recently…Soft Opening was March 19 and Grand Opening is today) infringed upon Plaintiff’s numerous PELICAN-formative marks by opening a bar and restaurant in Portland, Oregon (near NW 23rd, in the home of the recently closed Peddler and Pen) that serves beer, coffee, and foods under the name “Pelican’s Waiting Room.” Defendants also allegedly use a “confusingly similar” logo, as well as food and beverages branded “Pelican” including an alcoholic beverage called “Pelican’s Punch.”

Plaintiff has numerous federal registrations for PELICAN-formative marks. A few weeks ago, Plaintiff was contacted by the director of the Oregon Brewers Guild, who indicated that people in the beer and restaurant industries may be experiencing and/or may be likely to experience confusion between Plaintiff’s PELICAN Marks and Defendants’ use of the Infringing Mark.

Note that the Defendants’ website has already removed the term “Pelican” and now just calls the restaurant “The Waiting Room” so this lawsuit could be resolved quickly.

For Pelican beer aficionados, here’s some good information from the Complaint:

[Plaintiff] is opening the Pelican Brewing Pub in Cannon Beach, Oregon in late Spring 2016. Plaintiff also has plans to open a PELICAN-branded bar and restaurant in Portland, Oregon.

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Pelican Brewing Company v. Pelican’s Waiting Room, LLC et al

Court Case Number: 3:2016-cv-00486
File Date: Tuesday, March 22, 2016
Plaintiff: Pelican Brewing Company
Plaintiff Counsel: Michael A. Cohen, Nicholas (Nika) F. Aldrich, Jr., Alexandra J. Bodnar of Schwabe, Williamson & Wyatt
Defendant: Pelican’s Waiting Room, LLC d/b/a Pelican’s Waiting Room, No Comply Food Group, LLC, Kyle Rourke
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Oregon Trademark Litigation Update – House Spirits Distillery v. Pilot House Spirits

29 Friday Jan 2016

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This trademark dispute involves Plaintiff’s registered HOUSE SPIRITS trademark and Defendant’s recently adopted PILOT HOUSE SPIRITS trademark.

Some background on the lawsuit: Astoria Distillery That Just Changed Its Name Gets Sued Over New Name

House Spirits Distillery LLC v. Pilot House Spirits LLC

Court Case Number: 3:16-cv-00141-BR
File Date: Tuesday, January 26, 2016
Plaintiff: House Spirits Distillery LLC
Plaintiff Counsel: Steven M. Wilker, Eric Beach of Tonkon Torp LLC
Defendant: Pilot House Spirits LLC
Cause: Federal Trademark Infringement
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Portland-based Insurance Company sues Competitor over Google AdWords Advertising

13 Tuesday Jan 2015

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

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Plaintiff, based in Portland, Oregon, is suing Defendant, a competing insurance company, over the use of Plaintiff’s trademarks by Defendant in Google AdWords advertising.

While several courts around the country have ruled on the issue of whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement, these cases remain very fact-specific.

For those unfamiliar with keyword advertising, one party pays Google to appear in the “Ads” box at the top of or adjacent to the search results for specific search terms. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue.

Stay tuned for updates as the case proceeds. For what it’s worth, Defendant’s ad doesn’t show up when I run a search for Plaintiff’s trademark…

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Williston Financial Group LLC v. Old Republic National Title Insurance Company

Court Case Number: 3:15-cv-00047
File Date: Friday, January 09, 2015
Plaintiff: Williston Financial Group LLC
Plaintiff Counsel: Richard T. Cruzen, Kristen P. Reichenbach of Klarquist Sparkman LLP
Defendant: Old Republic National Title Insurance Company
Cause: Violation of 15 USC 1114, Violation of 15 USC 1125(a)
Court: District of Oregon
Judge: Anna J. Brown

Oregon Copyright Litigation Update – Wayne Stauch v. McBro et al

09 Tuesday Dec 2014

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

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Happy holidays! This is a declaratory judgment action by which Plaintiff, on behalf of his company Bambi’s Nursery, asserts that his wooden reindeers do not infringe on Defendants’ copyrighted wooden reindeer designs.

Wayne Stauch v. McBro LLC et al

Court Case Number: 3:14-cv-01930-BR
File Date: Wednesday, December 03, 2014
Plaintiff: Wayne Stauch
Plaintiff Counsel: Dayna J. Christian, Nicholas M.M. Drum of Immix Law Group
Defendant: McBro LLC, Scott Timothy McKee
Cause: Invalidity of Copyright, Non-Infringement, Fair Use, Inequitable Conduct and Misuse of Copyright
Court: District of Oregon
Judge: Judge Anna J. Brown

Oregon Trademark Litigation Update – Gilt Inc. v. Gilt Groupe Inc.

15 Wednesday Oct 2014

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

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Plaintiffs have used the GILT trademark in connection with the sale of unique, sustainable, and hand-selected pieces of vintage and antique jewelry and related items since 1994. Around 2010-2011, Defendant began using the GILT mark in connection with jewelry, first for the sale of modern jewelry and later, in or about 2011-2012, in connection with the sale of estate jewelry.

In April 2012, Plaintiffs filed applications with the United States Patent and Trademark Office (“USPTO”) to register GILT and GILT JEWELRY for “mail order services featuring jewelry; retail jewelry stores.” The USPTO issued office actions refusing registration, citing a likelihood of confusion with Defendant’s U.S. Trademark Registration Nos. 3920768 and 3967967 for GILT MAN and GILT MANUAL in connection with “On-line retail store services featuring luxury and fashion clothing, apparel, shoes, belts, clothing accessories, pens, lighters, desk sets, tie clips, cuff links, skin care products, jewelry, sports equipment, wine, liquor, and art sold at discount prices.”

Accordingly, Plaintiffs have brought this action for trademark infringement and several other claims, including cancellation of Defendant’s trademark registrations.

Gilt Inc. et al v. Gilt Groupe Inc.

Court Case Number: 3:14-cv-01609-BR
File Date: Friday, October 10, 2014
Plaintiff: Gilt Inc., Paula Bixel
Plaintiff Counsel: John F. Neupert, Elizabeth A. Tedesco Milesnick of Miller Nash LLP
Defendant: Gilt Groupe Inc.
Cause: Infringement of Unregistered Mark, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, State Trademark Dilution, Injury to Business Reputation, Unjust Enrichment, Cancellation of Trademarks
Court: District of Oregon
Judge: Judge Anna J. Brown

Complaint: