Tags
Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Michael H. Simon, State Law Product Disparagement, State Trademark Dilution, State Trademark Infringement, State Unfair Competition, Tortious Interference with Contractual Relations
Here’s yet another trademark lawsuit involving a brewery. This time, however, the defendant isn’t another brewery but a DUI attorney using an allegedly confusingly similar logo.
Plaintiff B. C. Marketing, Inc. is an Oregon corporation based in Hood River, Oregon. Plaintiff does business as Full Sail Brewing Company. Since at least as early as 2005, Plaintiff has been selling beer under the trademark SESSION, including a distinctive shield logo trademark.
Defendant is an Atlanta, Georgia-based DUI attorney that has been using a similar logo to promote his legal services to “beer drinkers.”
Take a look at the two logos. Confusingly similar? Note that Defendant has been using the logo on paper bags “designed and distributed for the express purpose of holding a can or bottle of beer.” (See image in Complaint below.) While this may have seemed like a cute marketing idea at the time, surely the Defendant can’t be so invested in his logo as to justify litigation in federal court. I expect this lawsuit will be resolved fairly quickly…stay tuned for updates.
B.C. Marketing Concepts Inc. v. The Sessions Law Firm LLC
Court Case Number: 3:14-cv-01087
File Date: Tuesday, July 08, 2014
Plaintiff: B.C. Marketing Concepts Inc.
Plaintiff Counsel: Charles H. DeVoe, Thomas J. Romano of Kolisch Hartwell PC
Defendant: The Sessions Law Firm LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, State Trademark Infringement, State Unfair Competition, State Trademark Dilution, State Law Product Disparagement, Tortious Interference with Contractual Relations
Court: District of Oregon
Judge: Michael H. Simon
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.
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