Tag Archives: Copyright Infringement

Software company sues Nike for breach of contract, software piracy

27 Friday Apr 2018

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

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The Plaintiff in this action, Quest Software, Inc., is a California-based software company that “develops and supports software used by database professionals for cloud management, security, workforce mobility and data-driven insight.”

A January 2017 audit revealed that one of its customers, Oregon-based shoe and apparel giant Nike, had deployed Plaintiff’s software in excess of the scope allowed by the parties’ SLA. The Complaint also alleges that Nike “had used pirated keys to bypass the Quest License Key System.”

Per the Complaint (below), when confronted by Plaintiff about the unauthorized uses, Nike refused to purchase additional licenses, hence this lawsuit.

Quest Software, Inc. v. Nike Inc.

Court Case Number: 3:18-cv-00721-BR
File Date: Tuesday, April 24, 2018
Plaintiff: Quest Software, Inc.
Plaintiff Counsel: Thomas A. Lerner, Theresa H. Wang, Bradford J. Axel of Stokes Lawrence, P.S.
Defendant: Nike, Inc.
Causes: Breach of Contract, Copyright Infringement, Violation of Digital Millennium Copyright Act
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Dr. Seuss Enterprises accused by author of stealing Daisy-Head Mayzie

07 Tuesday Nov 2017

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

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This rather lengthy, interesting, and unorthodox copyright complaint, filed by a pro se author, accuses Dr. Seuss Enterprises of stealing the character “Daisy-Head Mayzie” from his children’s story, “The Pains of Being Pure at Heart.”

Daisy-Head Mayzie is about a girl who suddenly sprouts a daisy from her head. Plaintiff’s story is about Lukus Loo, a boy(?) seemingly missing the top of his head, sometimes covering it with a crown, sometimes with three flowers. You be the judge after reading the Complaint (below). The Plaintiff’s itemized list of “plagiarized elements” begins on page 31 of the Complaint.

The Plaintiff has a long history with the Seuss estate, including several prior lawsuits, including most recently the Federal Court of Canada, which dismissed its suit on jurisdictional grounds in April 2017. The prior history, at least the Plaintiff’s side, is set forth in detail in the Complaint. The Dr. Seuss estate even had the Plaintiff arrested for extortion in 2003.

Quotes like these always make pro se lawsuits an interesting read:

In addition to the Complaint, the case also has some voluminous Exhibits which may merit further exploration by Dr. Seuss fans and historians.

Stay tuned for updates.

Steen v. Dr. Seuss Enterprises et al.

Court Case Number:  3:17-cv-01765-SB
File Date: Friday, November 3, 2017
Plaintiff: Charles Augustus Steen III
Plaintiff Counsel: Pro Se
Defendants: Dr. Seuss Enterprises L.P., Penguin Random House
Causes: Copyright Infringement,
Court: District of Oregon
Judge: Stacie F. Beckerman

Complaint: 

Unauthorized UtilitySport® Trailers Allegedly Sold in Oregon

13 Wednesday Sep 2017

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

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This lawsuit arises out of the manufacture, importation, offer for sale, sale, and distribution in the United States of unauthorized copies of UtilitySport® trailers by the Defendants.

The Plaintiff is a utility trailer kit manufacturer located in Grants Pass, Oregon. It owns federal trademark registrations for UtilityMate® and UtilitySport®.

In 2011, Plaintiff entered into a contract with the Defendants for the manufacture of trailers. The Defendants are now accused of manufacturing and selling trailers based on Plaintiff’s designs and using Plaintiff’s trademarks without permission and without compensating Plaintiff.

Trailers Intl LLC et al v. STC International (Shanghai) Co. Ltd. et al.

Court Case Number: 3:17-cv-01432-SI
File Date: Monday, September 11, 2017
Plaintiff: Trailers Intl LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus of Joncus Law LLC
Defendant: STC International (Shanghai) Co. Ltd., Rockford Commercial Warehouse, Inc., Power Equipment Direct Inc.
Cause: Copyright Infringement, Trademark Infringement, Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Photographer sues Bend Real Estate Company for Copyright Infringement

07 Thursday Sep 2017

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

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Here’s a single claim copyright infringement lawsuit involving a professional photographer and a Bend, Oregon real estate company that allegedly used one of his photographs on its website without permission.

Reed v. Alpine Real Estate LLC et al

Court Case Number: 6:17-cv-01396-TC
File Date: Wednesday, September 6, 2017
Plaintiff: Aaron C. Reed
Plaintiff Counsel:Mathew K. Higbee, Esq. of HIGBEE & ASSOCIATES
Defendant: Alpine Real Estate, LLC, Does 1-10
Cause: Copyright Infringement
Court: District of Oregon
Judge: Thomas M. Coffin

Complaint:

Photographer Files Copyright Lawsuit After Settlement Negotiations Break Down over Confidentiality Clause

01 Friday Sep 2017

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

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The Plaintiff in this copyright lawsuit is a professional photographer from Sammamish, Washington. He sells “limited edition luxury nature photography.” Pretty cool stuff, go check it out.

The Defendants are a real estate agency located in Portland, Oregon, who allegedly used one of Plaintiff’s photographs on their website without permission.

That’s all pretty standard stuff for a copyright lawsuit. We see those types of photography lawsuits regularly, since copyright infringement is strict liability, meaning liability doesn’t depend on actual negligence or intent to harm. Even the proposed settlement amount was reasonable by all accounts, just $1000 (statutory damages are $750 minimum). The more interesting part of this lawsuit may be the reason why the parties couldn’t amicably settle the dispute outside of court.

Settlement discussions apparently broke down over a confidentiality clause in the settlement agreement. Per the Complaint (below), “Defendants’ counsel did not wish to be personally bound by confidentiality ostensibly on account of an article that Defendants’ counsel intended to submit to California Lawyer magazine.” Defendants’ counsel also “apparently believed that amicable settlement was not prudent, as these types of cases ‘need more exposure.'”

Of course, we’re more than happy to give Oregon trademark and copyright cases tons of exposure here at the Oregon Intellectual Property Blog. Stay tuned for updates (and perhaps eventually a California Lawyer article with more detail).

Reed v. Ezelle Investment Properties Inc. et al.

Court Case Number: 3:17-cv-01364-BR
File Date: Thursday, August 31, 2017
Plaintiff: Aaron C. Reed
Plaintiff Counsel:Mathew K. Higbee, Esq. of HIGBEE & ASSOCIATES
Defendant: Ezelle Investment Properties Inc. d/b/a Ezelleinvestproperties.com, Glenn D. Ezelle Jr., Does 1-10
Cause: Copyright Infringement
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Photographer sues Grants Pass Restaurant for Copyright Infringement

25 Friday Aug 2017

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

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The Plaintiff in this copyright infringement lawsuit is a professional photographer who took two photographs of the Defendant’s business, the Taprock Northwest Grill in Grants Pass, Oregon.

The Complaint alleges that Defendant exceeded an oral license for use of one image (the Photographer was paid “$200.00 in cash and one gift card in an amount of $100.00″) and had no authority to use the second image. 

The dispute has been going on since July 2014 with apparently many failed attempts by Plaintiff to resolve the matter amicably. The Complaint alleges that Defendant has also filed a declaratory judgment action in Circuit Court, which Plaintiff intends to challenge with a Motion to Dismiss.

Mander v. Southern Oregon Elmer’s LLC

Court Case Number: 1:17-cv-01298-CL
File Date: Monday, August 21, 2017
Plaintiff: Jasmandeep Mander
Plaintiff Counsel: Mathew L. Higbee, Esq. of Higbee & Associates
Defendant: Southern Oregon Elmer’s, LLC., abn Taprock Northwest Grill
Cause: Copyright Infringement
Court: District of Oregon
Judge: Mark D. Clarke

Complaint: 

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:

Copyright infringement lawsuit filed over orthodontic pamphlets

10 Wednesday May 2017

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

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For over 27 years, Plaintiff has created orthodontic marketing and patient education materials. Among their creations are two pamphlets titled Orthodontic Brushing and Flossing Procedures and Smiles with Style. Both pamphlets are registered with the U.S. Copyright Office.

The Defendant is accused of making and distributing digital versions of Plaintiff’s pamphlets on websites it created for orthodontists. Cease and desist letters were sent by Plaintiff’s counsel without a reply, hence this lawsuit.

OREC Professional Marketing Systems, Inc. v. Sesame Communications, Inc.

Court Case Number: 3:17-cv-00713-PK
File Date: Monday, May 8, 2017
Plaintiff: OREC Professional Marketing Systems, Inc.
Plaintiff Counsel: Nathan C. Brunette of Stoel Rives LLP
Defendant: Sesame Communications, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Paul Papak

Complaint:

Skydiving Software Company Alleges Federal Defend Trade Secrets Act Violations by Former Member

26 Monday Dec 2016

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

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The Complaint alleges that individual defendant Cockayne, as a former member of Plaintiff’s organization, developed enterprise software for commercial skydiving operators. Upon leaving Plaintiff’s organization in January 2016, defendant Cockayne was to return all software code and hardware. However, the software code was allegedly still used in violation of a “Withdrawal” agreement and provided to Pacific Northwest Skydiving Center, one of Plaintiff’s former clients.

The Complaint alleges both Federal and Oregon trade secrets violations as well as copyright infringement of the registered source code.

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DropzoneMS, LLC v. Cockayne et al

Court Case Number: 3:16-cv-02348-YY
File Date: Tuesday, December 20, 2016
Plaintiff: DropzoneMS, LLC
Plaintiff Counsel: John Mansfield of MansfieldLaw
Defendant: Steven Cockayne, Natalie Rogers, David Thorpe, Pacific Northwest Skydiving Center
Cause: Federal Defend Trade Secrets Act, Oregon Uniform Trade Secrets Act, Copyright Infringement
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

Portland Artist sues Vans over Misappropriated Shoe Artwork

23 Wednesday Nov 2016

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

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Plaintiff is a visual artist residing in Portland, Oregon. In 2010, Plaintiff installed artwork at a Sole Classics shoe store in Columbus, Ohio. The work was registered with the U.S. Copyright Office.

Plaintiff asserts that the defendant in this copyright lawsuit, Vans, Inc., has incorporated his artwork without permission into one of Vans’ 2016 limited edition shoes, the Sole Classics x Vans Vault Half Cab LX “10 Seasons” (see Exhibit D below). Plaintiff alleges that Sole Classics licensed rights to Vans that it did not possess.

Stay tuned for updates.

Nichols v. Vans, Inc.

Court Case Number: 3:16-cv-02208-HZ
File Date: Tuesday, November 22, 2016
Plaintiff: Jeremy Nichols
Plaintiff Counsel: Robert Swider, Alex Fund of Swider Haver LLP
Defendant: Vans, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint: