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Oregon Intellectual Property Blog

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Tag Archives: Injunctive Relief

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 – Dynamic Measurement Group v. University of Oregon et al

13 Wednesday Aug 2014

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

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Tags

Copyright Infringement, Federal Trademark Infringement, Injunctive Relief, Litigation Update, Oregon State Trademark Infringement, Thomas M. Coffin, Unfair Competition, Violation of Copyright Management Provisions

Dynamic Measurement Group Inc. v. University of Oregon et al

Court Case Number: 6:14-cv-01295-TC
File Date: Tuesday, August 12, 2014
Plaintiff: Dynamic Measurement Group Inc.
Plaintiff Counsel: Frederick A. Batson of Gleaves Swearingen Potter & Scott LLP
Defendant: University of Oregon, Mia Tuan, Edward J. Kame’enui, Francis J. Fien IV, Brad Shelton, Hop Skip Technologies Inc.
Cause: Federal Trademark Infringement, Oregon State Trademark Infringement, Unfair Competition, Copyright Infringement, Violation of Copyright Management Provisions, Injunctive Relief
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

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