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Tag Archives: Common Law Trademark Infringement

Oregon Trademark Litigation Update – Too Marker Products v. Alvin and Company

12 Monday May 2014

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

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Common Law Trademark Infringement, Federal Trademark Infringement, John V. Acosta, Litigation Update, Unfair Competition

Plaintiff manufactures and sells high-end markers for illustrators and design professionals. Their markers have distinctive squarish bodies and distinctive squarish cap-ends, both protected by U.S. trademark registrations.

This lawsuit arises because the configuration of Defendant’s Heritage A-Line markers is alleged to be confusingly similar to the configuration denoted in the trademark registrations and the configuration of Plaintiffs’ COPIC line of markers.

 [Update 12/16/14]: This case has been settled and a final judgment entered along with a permanent injunction against the Defendant.

Final Judgment by Consent and Permanent Injunction:

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Too Marker Products, Inc. et al v. Alvin and Company, Inc.

Court Case Number: 3:14-cv-00773-AC
File Date: Friday, May 09, 2014
Plaintiff: Too Marker Products, Inc., Imagination International, Inc.
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC
Defendant: Alvin and Company, Inc.
Cause: Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

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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 Trade Dress Litigation Update – Marmoset v. The Music Bed

25 Tuesday Mar 2014

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Litigation Update, Michael W. Mosman, Trade Dress Infringement, Unfair Competition, Voluntary Dismissal

Plenty of thought, time and expense goes into creating a website. Therefore, it has to be pretty upsetting when a direct competitor rips off the “look and feel” of your site. Marmoset

That’s what Marmoset, a specialized boutique music agency based in Portland, Oregon, alleges of The Music Bed, a similar company in Fort Worth, Texas. Check out comparison images in the Complaint or, better yet, go visit the websites yourself.

What do you think? Are the websites too similar? Confusingly similar?

And remember, imitation is the sincerest form of flattery.

Marmoset, LLC v. The Music Bed, LLC

Court Case Number: 3:14-cv-00431-MO
File Date: Monday, March 17, 2014
Plaintiff: Marmoset, LLC
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC, Charles F. Moore of Alleman Hall McCoy Russell & Tuttle LLP
Defendant: The Music Bed, LLC
Cause: Trade Dress Infringement, Unfair Competition, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

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UPDATE 7/7/2014: A Notice of Voluntary Dismissal Without Prejudice was filed in this lawsuit on 6/6/2014. To date, there have been no discernible changes to either website.

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Oregon Trademark Litigation Update – Raptor Archery v. Robert Maitland

10 Monday Feb 2014

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Janice M. Stewart, Litigation Update

Archery_targetThis is a fairly straightforward trademark dispute over the use of the “RAPTOR” trademark in connection with archery equipment. Plaintiff is based in Hood River, Oregon. Defendant is based in Sparks, Nevada, which is located just east of Reno. Plaintiff has a federal registration since 1998 and has used their RAPTOR ARCHERY mark since 1991.

Raptor Archery, Inc. v. Robert Maitland

Court Case Number: 3:14-cv-00203
File Date: Thursday, February 06, 2014
Plaintiff: Raptor Archery, Inc.
Plaintiff Counsel: William H. Sumerfield of Phillips Reynier & Sumerfield
Defendant: Robert Maitland
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition, Federal False Designation of Origin or Source
Court: District of Oregon
Judge: Janice M. Stewart

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Oregon Trademark Litigation Update – Nike v. DBV Distribution

12 Sunday Jan 2014

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

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Cancellation of Trademarks, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Trademark Infringement, Unfair Competition

Nike, Inc. v. DBV Distribution, Inc. et al

Court Case Number: 3:14-cv-00040-ST
File Date: Wednesday, January 08, 2014
Plaintiff: Nike, Inc.
Plaintiff Counsel: Jon P. Stride of Tonkon Torp LLP
Defendant: DBV Distribution, Inc., Dragon Bleu, Sarl
Cause: Trademark Infringement, False Designation of Origin, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Cancellation of Trademarks
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

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Oregon Trademark Litigation Update – AXTS v. Arms Unlimited

27 Wednesday Nov 2013

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

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Ann L. Aiken, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Oregon Unfair Trade Practices Act, Trademark Counterfeiting, Trademark Infringement, Unfair Competition

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

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Oregon Trademark Litigation Update – Idylwilde v. Umpqua Feather Merchants

13 Wednesday Nov 2013

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

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Breach of Fiduciary Duty, Common Law Trademark Infringement, Common Law Unfair Competition, Conversion, Federal False Designation of Origin, Federal Unfair Competition, Intentional Interference with Contracts and Prospective Economic Advantage, Litigation Update, Marco A. Hernandez, Misappropriation of Trade Secrets, Trade Dress Infringement, Trademark and Trade Dress Dilution, Unjust Enrichment

Portland-based Idylwilde designs, manufactures, markets, brands, and sells flies for the global fly fishing industry. According to the Complaint, “Idylwilde sells to a very sophisticated buyer of flies where the stylized portrayal of insect species, sex, and maturity level of the hatch make a difference the customer is willing to pay for based on the fly designer’s style.”

The Complaint is long but it has a little bit of everything so it’s worth a read. This will be an interesting case to monitor.

Idylwilde, Inc. et al v. Umpqua Feather Merchants, LLC et al

Court Case Number: 3:13-cv-02009-HZ
File Date: Tuesday, November 12, 2013
Plaintiff: Idylwilde, Inc., Zach Mertens
Plaintiff Counsel: Katherine R. Heekin of The Heekin Law Firm
Defendant: Umpqua Feather Merchants, LLC, Mirabel, Inc., Bien Tan, Does 1 through 10, Inclusive
Cause: Trade Dress Infringement, Federal False Designation of Origin, and Unfair Competition, Trademark and Trade Dress Dilution, Common Law Trademark Infringement, Misappropriation of Trade Secrets, Intentional Interference with Contracts and Prospective Economic Advantage, Breach of Fiduciary Duty, Conversion, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

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Oregon Trademark Litigation Update – Pacific Cargo Control v. Quality Chain Corporation

02 Wednesday Oct 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Michael W. Mosman, Unfair Competition, Unlawful Trade Practices

Pacific Cargo Control, Inc. v. Quality Chain Corporation

Court Case Number: 3:13-cv-01750-MO
File Date: Tuesday, October 01, 2013
Plaintiff: Pacific Cargo Control, Inc.
Plaintiff Counsel: Hillary A. Brooks, Delfina S. Homen of Marger Johnson & McCollom, PC
Defendant: Quality Chain Corporation
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition, Unlawful Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Copyright Litigation Update – Coast Distribution System v. Buyers Products Company

25 Wednesday Sep 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Functionality, Litigation Update, Marco A. Hernandez, Trademark Infringement and Unfair Competition

The Coast Distribution System Inc. v. Buyers Products Company

Court Case Number: 3:13-cv-01699-HZ
File Date: Tuesday, September 24, 2013
Plaintiff: The Coast Distribution System Inc.
Plaintiff Counsel: Charles H. DeVoe, David C. Bourgeau, III, Thomas James Romano of Kolish Hartwell, PC
Defendant: Buyers Products Company
Cause: Copyright Infringement, Trademark Infringement and Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

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Oregon Trademark Litigation Update – Nationwide Process Service v. Nationwide Legal

27 Tuesday Aug 2013

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Litigation Update, Marco A. Hernandez, State Trademark Dilution, Trademark Infringement, Unfair Competition

Nationwide Process Service, Inc. v. Nationwide Legal, LLC.

Court Case Number: 3:13-cv-01500-HZ
File Date: Monday, August 26, 2013
Plaintiff: Nationwide Process Service, Inc.
Plaintiff Counsel: Brad C. Stanford, Patricia A. Walsh of Fairleigh Wada Witt PC
Defendant: Nationwide Legal, LLC.
Cause: Trademark Infringement, Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

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