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Tag Archives: Breach of Contract

Oregon Trademark Litigation Update – Cyber Acoustics v. Shenhen Fenda Technology

30 Wednesday Apr 2014

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

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Breach of Contract, False Designation of Origin, John V. Acosta, Litigation Update, Trademark Infringement

Cyber Acoustics, LLC et al v. Shenhen Fenda Technology Co. Ltd.

Court Case Number: 3:14-cv-00695-AC
File Date: Monday, April 28, 2014
Plaintiff: Cyber Acoustics, LLC, Cyber Acoustics HK Ltd.
Plaintiff Counsel: J. Peter Staples, Susan D. Pitchford of Chernoff Vilhauer McClung & Stenzel LLP
Defendant: Shenhen Fenda Technology Co. Ltd.
Cause: Trademark Infringement, False Designation of Origin, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

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Oregon Trademark Litigation Update – Nike v. Ho et al

29 Tuesday Apr 2014

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

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Breach of Contract, Breach of Fiduciary Duty, Conversion, Fraud, Litigation Update, Michael W. Mosman, Trademark Infringement

Defendants Yamaguchi and Ho are alleged to have used their position as managers at Nike to steal unique and/or custom athletic footwear in order to profit from the sale of those shoes to collectors of rare athletic shoes, known in the industry as “Sneakerheads.” These defendants allegedly lied to Nike and its manufacturers by misrepresenting that the shoes would be used for promotional and marketing purposes in order to trick them into manufacturing inventory for the illicit scheme. Defendant Keating allegedly acted as the middle-man in the unlawful enterprise by knowingly purchasing and re-selling the stolen footwear obtained by Yamaguchi and Ho.

Nike brings this action to recover the stolen shoes, recover the illicit gains obtained by Defendants from the sale of the stolen goods, to obtain an injunction preventing Defendants from continuing to participate in the illicit sale of stolen Nike goods, and to seek an award of punitive damages.

Nike Swoosh Registration

 

Nike Inc. v. Tung Wing Ho et al

Court Case Number: 3:14-cv-00696-MO
File Date: Monday, April 28, 2014
Plaintiff: Nike Inc.
Plaintiff Counsel: Paul H. Trinchero, Robert C. Weaver Jr. of Garvey Schubert Barer
Defendant: Tung Wing Ho, Denise Wei-Ching Yee, Kyle Keoki Yamaguchi, Shu-Chu Yamaguchi, Jason M. Keating
Cause: Trademark Infringement, Conversion, Fraud, Breach of Fiduciary Duty, Breach of Contract
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Copyright Litigation Update – Pendleton Woolen Mills v. Kraff’s Men’s Wear Co.

17 Thursday Apr 2014

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

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Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Federal Trademark Infringement, Federal Unfair Competition, Intentional Interference with Economic Relations, Litigation Update, Paul Papak

Plaintiff is a Portland, Oregon-based designer/manufacturer/retailer of high quality wool fabrics and apparel, and is known for its unique proprietary fabric and blanket designs. Plaintiff regularly enters into sales contracts with wholesale customers, who must agree that “The Purchaser will not sell the goods or any part thereof, to another dealer or to any other reseller, and will not sell the goods through the Internet without the written consent of [Plaintiff].” The 20 John Doe defendants are wholesale customers that have signed the sales contract. None were authorized to sell to Defendant Kraff’s, the primary target of the lawsuit.

Defendant Website ScreenshotDefendant Kraff’s is a retailer operating a clothing store that markets and sells apparel, blankets, and related products in Toppenish, Washington. From approximately 1941 until 2006, Kraff’s was a wholesale customer of Plaintiff. Kraff’s has allegedly continued to purchase product from a Doe defendant after termination of their sales contract with Plaintiff, thus making them an unauthorized reseller of Plaintiff’s goods. Plaintiff brings this lawsuit with numerous copyright claims based on their distinctive designs and trademark claims based on the unauthorized use of their company name.

Stay tuned for updates.

Pendleton Woolen Mills Inc. v. Kraff’s Men’s Wear Co. Inc. et al

Court Case Number: 3:14-cv-00628-PK
File Date: Wednesday, April 16, 2014
Plaintiff: Pendleton Woolen Mills Inc.
Plaintiff Counsel: Parna A. Mehrbani, Vicki L. Smith of Lane Powell PC
Defendant: Kraff’s Men’s Wear Co. Inc., Daniel P. Johnson, John Doe Companies 1-20
Cause: Copyright Infringement, Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Intentional Interference with Economic Relations, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

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Oregon Copyright Litigation Update – Business Transitions v. Erik Pahlow et al

16 Monday Dec 2013

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trade Secret

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Breach of Contract, Copyright Infringement, Intentional Interference With Contract or Prospective Business Advantage, Janice M. Stewart, Litigation Update, Oregon Trade Secret Misappropriation, Permanent Injunction, Unlawful Trade Practices

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

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Oregon Copyright Litigation Update – Random Lengths Publications v. Sprenger Midwest

16 Wednesday Oct 2013

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

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Breach of Contract, Copyright Infringement, Litigation Update, Thomas M. Coffin

Random Lengths Publications, Inc. v. Sprenger Midwest, Inc.

Court Case Number: 6:13-cv-01833-TC
File Date: Tuesday, October 15, 2013
Plaintiff: Random Lengths Publications, Inc.
Plaintiff Counsel: J. Peter Staples of Chernoff Vilhauer McClung & Stenzel, LLP
Defendant: Sprenger Midwest, Inc.
Cause: Copyright Infringement, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

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Oregon Trademark Litigation Update – Yeti Enterprises v. Orion Tang

18 Thursday Jul 2013

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

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Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Common Law Fraud, Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment, False Advertising, Fraud, Janice M. Stewart, Litigation Update, Trademark Infringement, Unfair Competition

Yeti Enterprises Incorporated v. Orion Tang et al

Court Case Number: 3:13-cv-01203-ST
File Date: Wednesday, July 17, 2013
Plaintiff: Yeti Enterprises Incorporated
Plaintiff Counsel: Daniel C. Occhipinti of Stoel Rives LLP
Defendant: Orion Tang, NPK, LLC
Cause: Trademark Infringement, Unfair Competition, False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Fraud, Common Law Fraud, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Declaratory Judgment
Court:  District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Complaint (removed from Multnomah County Circuit Court):

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Response 

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UPDATED [7/30/14]: The following documents provide more insight into the litigation.

Plaintiffs’ Second Amended Complaint and Counterclaims

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Defendants’ Answer and Affirmative Defenses to Plaintiff’s Second Amended Complaint and Counterclaims

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Oregon Copyright Litigation Update – Random Lengths Publications v. Bridgewell Resources

27 Thursday Jun 2013

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

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Breach of Contract, Copyright Infringement, Dennis J. Hubel

Random Lengths Publications, Inc. v. Bridgewell Resources LLC

This copyright lawsuit involves two Oregon companies. Defendant is alleged to have distributed unauthorized copies of one or more Plaintiff’s “Reports” by retransmitting one or more of the Reports subscribed to at a licensed Tigard location to third parties and/or unlicensed locations.

Stay tuned for updates.

Court Case Number: 3:13-cv-01077-HU
File Date: Wednesday, June 26, 2013
Plaintiff: Random Lengths Publications, Inc.
Plaintiff Counsel: J. Peter Staples, Susan D. Pitchford of Chernoff Vilhauer LLP
Defendant: Bridgewell Resources LLC
Cause: Copyright Infringement, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Dennis J. Hubel

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Oregon Trademark Litigation Update – Technivorm v. Boyd Coffee Company

07 Tuesday May 2013

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

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Breach of Contract, Declaratory Relief, Litigation Update, Paul Papak, Trademark Infringement, Unfair Competition

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

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Oregon Trademark Litigation Update – Kassab Jewelers v. Joseph Kassab

16 Wednesday Jan 2013

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

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Breach of Contract, Litigation Update, Michael W. Mosman, State Trademark Dilution, Trademark Infringement, Unfair Competition

Kassab Jewelers, Inc v. Joseph Kassab et al

Court Case Number: 3:13-cv-00074-MO
File Date: Tuesday, January 15, 2013
Plaintiff: Kassab Jewelers, Inc
Plaintiff Counsel: Kevin M. Hayes, Jeffrey Stewart Love of Klarquist Sparkman, LLP; Margaret E. Schroeder of Black Helterline
Defendant: Joseph Kassab, J. Kassab Jewelers & Custom Design, Inc.
Cause: Unfair Competition, Trademark Infringement, Dilution, Breach of Contract
Court: Oregon District Court
Judge: Judge Michael W. Mosman

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