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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Tag Archives: False Advertising

Trademark and Unfair Competition lawsuit filed over expired software license

14 Friday Jul 2017

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

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Anna J. Brown, Breach of Contract, Common Law False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, False Advertising, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Oregon Trademark Infringement, Oregon Unlawful Trade Practices Act, State Trademark Dilution, Tort of Conversion

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:

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Chinese Scientist Accused of Misappropriating Cow Feed Technology

17 Wednesday Feb 2016

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

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Breach of Contract, Breach of Fiduciary Duty, Copyright Infringement, False Advertising, Intentional Interference with Economic Relations, Litigation Update, Michael J. McShane, Trade Secret Misappropriation

OmniGen Research, LLC et al v. Wang et al

Court Case Number: 6:2016-cv-00268
File Date: Monday, February 15, 2016
Plaintiff: Omnigen Research, LLC, Prince Agri Products, Inc.
Plaintiff Counsel: Klaus H. Hamm, Scott E. Davis of Klarquist Sparkman, LLP
Defendant: YongQiang Wang, Yan Zheng, Bioshen
Cause: Breach of Contract, Intentional Interference with Economic Relations, Trade Secret Misappropriation, Copyright Infringement, False Advertising, Breach of Fiduciary Duty
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

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Oregon Trademark Litigation Update – Leatherman Tool Group v. Gogotech II

10 Tuesday Jun 2014

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

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Breach of Contract, Common Law Unfair Competition, False Advertising, False Designation of Origin, Litigation Update, Paul Papak, Trademark Infringement

Leatherman Tool Group, an Oregon corporation, manufactures and distributes engineered multi-tools, pocket tools, and knives that are designed for outdoor, tactical, professional, and general use. Leatherman promotes and sells its products to consumers directly both online at leatherman.com, as well as in its retail store, The Leatherman Store, located in Portland, Oregon.

Leatherman is the owner of multiple federal trademark registrations for LEATHERMAN.

Defendant, a New York corporation, operates factoryoutletstore.com, an online retail site that sells multi-tools, pocket tools and knives that are manufactured by Leatherman.

Defendant is neither an authorized distributor nor an authorized reseller of Leatherman’s products, hence the lawsuit.

Leatherman Tool Group, Inc. v. Gogotech II, LLC

Court Case Number: 3:14-cv-00920
File Date: Friday, June 06, 2014
Plaintiff: Leatherman Tool Group, Inc.
Plaintiff Counsel: Stuart R. Dunwoody, Kaley L. Fendall, John F. McGrory Jr. of Davis Wright Tremaine LLP
Defendant: Gogotech II, LLC
Cause: Trademark Infringement, False Designation of Origin, False Advertising, Common Law Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Paul Papak

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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 Litigation Update – Tria Beauty v. Oregon Aesthetic Technologies

15 Thursday Dec 2011

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

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False Advertising, John Jelderks, Oregon Aesthetic Tech, Ropes & Gray, Tria Beauty, Unfair Competition

Tria Beauty v. Oregon Aesthetic Technologies, Inc.

Plaintiff, which manufactures and sells an FDA-approved phototherapy device for the treatment of acne, alleges that Defendant is selling a non-FDA approved phototherapy device for the treatment of acne in violation of various unfair competition and false advertising laws. While there are no trademark or copyright claims in this Complaint, many trademark or copyright cases do include unfair competition claims and so I thought this case could be instructive for readers of the Oregon IP blog. Stay tuned for updates.

Court Case Number: 3:11-cv-01510-JE
File Date: Wednesday, December 14, 2011
Plaintiff: Tria Beauty
Plaintiff Counsel: Thad A. Davis, Alexandra J. Roberts, Joshua V. Van Hoven, Peter M. Brody of Ropes & Gray LLP
Defendant: Oregon Aesthetic Technologies, Inc.
Cause: Unfair Competition, False Advertising
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

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Oregon Trademark Litigation Update – Legacy Health v. Legacy Health Group

13 Sunday Nov 2011

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

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Anna J. Brown, False Advertising, State Trademark Dilution, Trademark Infringement, Unfair Competition, Washington Consumer Protection Act

Legacy Health v. Legacy Health Group, LLC et al

Legacy Health, an Oregon nonprofit corporation (Plaintiff), has been a high-quality provider of medical services in the Portland area for over two decades. In this case, they hope to prevent the defendants, a Utah-based LLC and related parties, from using the LEGACY mark in connection with homeopathic diet products.

Court Case Number: 3:11-cv-01327-BR
File Date: Friday, November 04, 2011
Plaintiff: Legacy Health
Plaintiff Counsel: Randolph C. Foster, Steven E. Klein of Stoel Rives LLP
Defendant: Legacy Health Group, LLC; Charlie Wayne Estes; DOES 1 through 25
Cause: Trademark Infringement; False Advertising and Unfair Competition; Cyberpiracy; Violation of Washington Consumer Protection Act
Court: District Court of Oregon
Judge: Judge Anna J. Brown

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