Tags
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.
Final Judgment by Consent and Permanent Injunction:
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
Defendant 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.

