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Tag Archives: Federal False Designation of Origin

Hydro Flask sues numerous counterfeiters, seeks Temporary Restraining Order and Preliminary Injunction

09 Monday Jul 2018

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

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Federal Anti-Cybersquatting, Federal False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Michael H. Simon

The Plaintiff in this trademark lawsuit, Helen of Troy Limited, is the owner of the immensely popular HYDRO FLASK trademark, used in connection with vacuum insulated stainless steel water bottles and other insulated products. Helen of Troy’s affiliate Steel Technology, LLC d/b/a Hydro Flask, an Oregon limited liability company with headquarters in Bend, Oregon, founded the HYDRO FLASK brand and product line in 2009 and today is the North American marketer and distributor of HYDRO FLASK-branded products. What Pacific Northwesterner doesn’t own at least one Hydro Flask for their weekend hiking (or brewery-visiting) adventures?

Numerous defendants, some perhaps related, are accused of selling counterfeit Hydro Flask products via counterfeit websites. Given the evidence presented in the voluminous Complaint and Exhibits (see below), the counterfeiting seems fairly apparent. The Plaintiff has filed a subsequent Motion for Temporary Restraining Order and Preliminary Injunction, likely the best way to deal with multiple infringing (and non-responsive) websites.

If the counterfeiting wasn’t obvious and there was any question whether the Defendants were fighting an uphill battle, the Plaintiff’s lead attorney, Mrs. Benedick, previously served as a Judicial Extern for the presiding judge, Michael Simon. 

The Complaint’s Exhibit List is extensive and voluminous, with Exhibit 5 perhaps taking the record for the largest ever Exhibit logged by this blog, at a gargantuan 633 “never mind the PACER charges” pages.

This lawsuit will likely be a one-sided battle, with excellent high-value legal work on behalf of the Plaintiff and probably no response from the Defendants. However, if the end result is numerous injunctions and a (brief) stop to Hydro Flask counterfeiting, Plaintiff can be satisfied, at least for awhile.

Stay tuned for updates.

Helen of Troy Limited v. Bestcupshop.com et al

Court Case Number: 3:18-cv-01165-SI
File Date: Friday, June 29, 2018
Plaintiff: Helen of Troy Limited
Plaintiff Counsel: Kenneth R. Davis II, Kelsey M. Benedick of Lane Powell PC, David J. Stewart, Mary Grace Gallagher of Alston & Bird LLP
Defendant: BESTCUPSHOP.COM, BESTCUPSSALE.COM; BOMOSFIT.COM; CAMOGYM.COM; CHEAPERBOTTLE.COM; CHEAPHYDROFLASK.COM; CHENJIAJIN D/B/A HYDROFLASKEN.COM; DEALHYDRO.COM; FANACTICSCUP.COM; FENGZHU E- COMMERCEHOLDINGS LLC; GUO TANG D/B/A HYDROFLASKOUTLET.COM; HFTUMBLERS.COM; HOU SU PING D/B/A EFOAQ.COM; HUA SHUNG HU D/B/A FINYP.COM; HYDROASK.COM; HYDROEFLASK.COM; HYDROFLASKC.COM; HYDROFLASKCUP.COM; HYDROFLASKCUPS.COM; HYDROFLASKDEAL.COM; HYDROFLASKDEALS.COM; HYDROFLASKI.COM; HYDROFLASKOFFICIAL.COM; HYDROFLASKSALE.COM; HYDROFLASKSALES.COM; HYDROFLASKSELL.COM; HYDROFLASKSHOPUS.COM; HYDROFLASKSTORE.COM; HYDROFLASKTUMBLER.COM; HYDROFLASKUS.COM; HYDROFLSAK.COM; HYDROOFLASK.COM; HYDROSFLASK.COM; IEKASHOP.COM; CUPSDEAL.COM; JIMMY LI (D/B/A CUPSTOREONLINE.COM, FLASKHYDRO.COM, FLASK- HYDRO.COM, FLASK-HYDRO- FLASK.COM, HYDROCUPFLASK.COM, HYDROFLASK-BOTTLES.COM, HYDRO- FLASK-BOTTLES.COM, HYDROFLASKBOTTLES.STORE, HYDROFLASK-CUP.COM, HYDROFLASKHYDRATION.COM, HYDROFLASK-OFFICIAL.COM, HYDROFLASKOFFICIALSTORE.COM); JINKUN CHEN D/B/A JACKETGOOSE.COM; KEAOUTLET.COM; LI CHAOQUN (D/B/A HYDROFLASK.BIZ, HYDROFLASKCHEAP.COM, HYDROFLASKCOFFEE.COM. HYDRO- FLASK-CUP.COM, HYDROFLASKFORSALE.COM, HYDRO- FLASK-SHOP.COM, HYDRO-FLASK- STORE.COM, HYDROFLASKTUMBLERS.COM, XHYDROFLASK.COM); LIFEIDA ELECTRONIC BUSSINESS CO., LTD; MEILIAN LLC; MIERFITNESS.COM; NANCHANG LANJUNDE INDUSTRIA CO.; OFFICIALCUPSTORE.COM; OFFICIALHYDROFLASK.COM
Causes: Trademark Infringement, Counterfeiting, False Designation of Origin, Federal Unfair Competition, Violation of the Anticybersquatting Consumer Protection Act
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

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Motion for Temporary Restraining Order and Preliminary Injunction:

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Oregon Trademark Litigation Update – Control Solutions v. Microdaq.com

02 Saturday May 2015

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

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Civil Action by Private Party, Common Law Trademark Infringement, Federal False Designation of Origin, Injunctive Relief, Intentional Interference with Economic Relations, Interference with Prospective Business Advantage, Misrepresentation, Paul Papak, Remedies for Infringement, Trademark Counterfeiting, Trademark Infringement, Unlawful Trade Practices

Control Solutions is in the business of selling certified, calibrated thermometers and data “loggers,” devices that record temperature readings over time. MicroDAQ.com was allegedly running Google Adwords campaigns, such that an internet user searching on of Control Solutions’ trademarks, trade names and/or product names/numbers would receive as a search result a reference and hyperlink to MicrDAQ’s website and purchasing system instead of Control Solutions’. In March 2015, MicroDAQ.com’s sales & marketing manager replied to a cease and desist letter. In the reply, the manager admitted to running at least two such campaigns and promised to stop the campaigns. Control Solutions claims that the ad campaigns resulted in lost sales as well as lost future revenue since a portion of the company’s revenue is derived from recertifying devices sold to customers.

Control Solutions Inc. v. Microdaq.com Inc. et al

Court Case Number: 3:15-cv-00748-PK
File Date: Friday, May 01, 2015
Plaintiff: Control Solutions Inc.
Plaintiff Counsel: Gano D. Lemoine III of Lemoine Law Firm
Defendant: Microdaq.com Inc., Does 1-10
Cause: Unlawful Business/Trade Practices, Civil Action by Private Party, Trademark Counterfeiting, Remedies for Infringement, Injunctive Relief, Interference with Prospective Business Advantage, Intentional Interference with Economic Relations, Common Law Trademark Infringement, Trademark Infringement, Federal Statutory False Designation of Origin, Misrepresentation in Commercial Advertising or Promotion
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

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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 – 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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Tags

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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