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Tag Archives: Common Law Unfair Competition

Yarn company sues to enforce Twisted trademark

27 Monday Jun 2016

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

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Anna J. Brown, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Oregon, State Trademark Infringement, Unfair Competition

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:

View this document on Scribd

COAST SPAS v. WEST COAST SPAS…are you confused?

23 Thursday Jun 2016

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

≈ 1 Comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Federal Unfair Competition, Litigation Update, Unfair and Deceptive Trade Practices, Youlee Yim You

Plaintiff has sold hot tubs and spa products under the COAST SPAS mark for 19 years.

They recently became aware that a competitor has been manufacturing and selling hot tubs and spas under the WEST COAST SPAS mark since 2011.

According to the Complaint (below), Plaintiff has encountered instances of actual confusion leading to lost sales.

Defendant’s website address, www.wcoastspas.com, is similar to the Plaintiff’s domain, www.coastspas.com.

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Coast Spas Manufacturing Inc. v. Marletto Manufacturing, Inc.

Court Case Number: 3:16-cv-01162-YY
File Date: Wednesday, June 22, 2016
Plaintiff: Coast Spas Manufacturing Inc.
Plaintiff Counsel: J. Christopher Carraway of Klarquist Sparkman, LLP
Defendant: Marletto Manufacturing, Inc. d/b/a West Coast Spas
Cause: Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Unfair and Deceptive Trade Practices
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

View this document on Scribd

 

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

10 Tuesday May 2016

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

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Anna J. Brown, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, State Trademark Dilution

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:

View this document on Scribd

Portland Retirement Community files Trademark Lawsuit against Residents Foundation, asserts Banking Violations

05 Thursday May 2016

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

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Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Michael W. Mosman

The Plaintiff in this action, Willamette View, is a 60-year old continuing care retirement community in Portland, Oregon. Plaintiff owns no federal or state trademark registrations.

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Since 1967, the Defendant, Willamette View Foundation, has provided financial management and fiduciary services to Plaintiff’s senior residents.

From its founding in 1967 through January 2016, Willamette View Foundation used its corporate name, Willamette View Foundation, as the trade name with which it held itself out to and conducted business with the public. In February 2016, it began using a new trade name, The Residents Foundation–Willamette View. While there is almost certainly more going on behind the scenes between these two related-but-unrelated organizations, that name change set the stage for the current trademark dispute.

In addition to the trademark quarrel, the Plaintiff asserts that the Defendant may also be in violation of Oregon’s Banking Act.

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Willamette View, Inc. v. Willamette View Foundation dba The Residents Foundation-Willamette View

Court Case Number: 3:16-cv-00778-MO
File Date: Wednesday, May 4, 2016
Plaintiff: Willamette View, Inc.
Plaintiff Counsel: Stuart R. Dunwood, Kaley L. Fendall of Davis Wright Tremaine
Defendant: Willamette View Foundation d/b/a The Residents Foundation-Willamette View
Cause: False Designation of Origin, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael W. Mosman

Complaint:

View this document on Scribd

 

 

adidas sues Ecco over “Three-Stripe” Trademark

25 Monday Apr 2016

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

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Adidas, Breach of Contract, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Michael H. Simon, Unfair and Deceptive Trade Practices

The adidas “Three-Stripe” crusade continues, this time against Ecco Shoes.

Screen Shot 2016-04-25 at 7.48.57 AMClick the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America, Inc. et al v. ECCO USA, Inc. et al

Court Case Number: 3:2016-cv-00684
File Date: Wednesday, April 20, 2016
Plaintiff: adidas America, Inc., adidas AG
Plaintiff Counsel: Daniel P. Larsen of Ater Wynne LLP
Defendant: Ecco USA, Inc., Ecco SKO A/S
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

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Stash Tea Company vs. Stash Cannabis Company…are you confused?

21 Thursday Apr 2016

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, Federal Trademark Dilution, Federal Trademark Infringement, Marco A. Hernandez, Passing Off, State Trademark Dilution, Unfair Competition, Unlawful Trade Practices

The Plaintiff, Stash Tea Company, has been in the business of merchandising, supplying and selling high quality tea and tea related products since the early 1970s. They are headquartered in Tigard, Oregon, with a Tea Bar in North Portland. Plaintiff owns several trademark registration for STASH, including the following:

U.S. Reg. No. 4,868,446 for STASH covering “On-line wholesale and retail store services featuring dried plants and tea; Wholesale and retail store services featuring dried plants and tea”

IMG_8773.jpg

Defendant, Stash Cannabis Company, is a marijuana dispensary in Beaverton, Oregon (for those not from Portland, Beaverton and Tigard are really close.) They opened in September 2015.
Screen Shot 2016-04-21 at 7.50.35 AM

Plaintiff has alleged no instances of actual confusion in the Complaint (below) but apparently doesn’t like another STASH nearby.

Does Plaintiff’s trademark registration for “dried plants” extend to marijuana flowers? Keep in mind Plaintiff has never sold marijuana flowers, dry or otherwise. The very broad and somewhat vague “dried plants” description was not challenged by a USPTO Examining Attorney but could leave the relatively new registration open to reexamination or cancellation.

Stay tuned for updates.

Universal Tea Company, Inc., dba Stash Tea Company v. Stash Cannabis Company, LLC et al

Court Case Number: 3:16-cv-00685
File Date: Wednesday, April 20, 2016
Plaintiff: Universal Tea Company, Inc. d/b/a Stash Tea Company
Plaintiff Counsel: Susan D. Pitchford, Amelia S. Forsberg of Chernoff Vilhauer LLP
Defendant: Stash Cannabis Company, LLC, Chris Matthews
Cause: Federal Trademark Infringement, Unfair Competition, Passing Off, Federal Trademark Dilution, State Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unlawful Trade Practices
Judge: Marco A. Hernandez

Complaint:

View this document on Scribd

Virtual Concierge App Concierge ToGo involved in trademark lawsuit against Conciergo

28 Monday Mar 2016

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

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Litigation Update, Michael H. Simon, Unlawful Trade Practices

In addition to using an allegedly confusingly similar trademark (Plaintiff’s “Concierge ToGo®” vs. Defendant’s “Conciergo“), Defendant is also alleged to have passed itself off to one of Plaintiff’s hotel clients as having an affiliation with Plaintiff.

Both parties provide virtual concierge services, allowing hotel guests to tour their hotel, discover hotel amenities, contact guest services, and obtain information on local attractions and restaurants.

Screen Shot 2016-03-28 at 6.58.41 AM

S&B Associates, Inc. v. Guest Impressions, Inc.

Court Case Number:3:16-cv-00519
File Date: Friday, March 25, 2016
Plaintiff: S&B Associates. Inc. d/b/a HospitalityVision
Plaintiff Counsel: Scott D. Eads of Schwabe, Williamson & Wyatt, P.C.
Defendant: Guest Impressions, Inc.
Cause: Federal Trademark Infringement, Unlawful Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

View this document on Scribd

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

23 Wednesday Mar 2016

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

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Tags

Anna J. Brown, Beer, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition

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:

View this document on Scribd

adidas “Three-Stripe” Trademark enforced against Four-Stripe Footwear

08 Tuesday Mar 2016

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

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Tags

Adidas, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Marco A. Hernandez, State Trademark Dilution, State Unfair and Deceptive Trade Practices

The adidas “Three-Stripe” crusade continues, this time against four stripes…

Screen Shot 2016-03-08 at 10.37.29 AM

 

Click the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America, Inc. et al v. Athletic Propulsion Labs, LLC

Court Case Number: 3:16-cv-00415-HZ
File Date: Monday, March 7, 2016
Plaintiff: adidas America, Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Athletic Propulsion Labs
Cause: Federal Trademark Infringement, Federal Unfair Competition, State Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

View this document on Scribd

Oregon Trademark Litigation Update – adidas America v. TRB Acquisitions

12 Thursday Nov 2015

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

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Tags

Adidas, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Injury to Business Reputation, Litigation Update, Michael H. Simon, State Trademark Dilution, Unfair and Deceptive Trade Practices

This adidas lawsuit involves its triangular “Badge of Sport Mark” and “RBK” trademarks. The alleged infringer is a New York-based company and its products are allegedly sold side-by-side with adidas products in retail stores. The Complaint shows a photograph allegedly taken at TJ Maxx.

Screen Shot 2015-11-12 at 8.21.22 AM

adidas America Inc. et al v. TRB Acquisitions LLC

Court Case Number: 3:15-cv-02113
File Date: Tuesday, November 10, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V., Reebok International Ltd.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: TRB Acquisitions LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, State Trademark Dilution, Injury to Business Reputation
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

View this document on Scribd
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