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Tag Archives: John Jelderks

Oregon Trademark Litigation Update – Blue Sky Wellness Studio v. Blue Sky of Portland

15 Tuesday Dec 2015

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

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Federal Unfair Competition, John Jelderks, Litigation Update, State and Common Law Trademark Infringement, State Unlawful Trade and Business Practices

Bridgit Beasley, P.C. d/b/a Blue Sky Wellness Studio v. Blue Sky of Portland, LLC

Court Case Number: 3:15-cv-02327
File Date: Monday, December 14, 2015
Plaintiff: Bridgit Beasley, P.C. d/b/a Blue Sky Wellness Studio
Plaintiff Counsel: Thomas E. Scanlon
Defendant: Blue Sky of Portland, LLC
Cause: Federal Unfair Competition, State and Common Law Trademark Infringement, State Unlawful Trade and Business Practices
Court: District of Oregon
Judge: John Jelderks

Complaint:

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Oregon Copyright Litigation Update – Versatop Support Systems v. Georgia Expo et al

29 Thursday Oct 2015

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

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Copyright Infringement, False Designation of Origin, John Jelderks

This lawsuit involves knockoff “support structures for displays that are used at trade shows, entertainment, educational, political and promotional events.”

Versatop Support Systems, Inc. v. Georgia Expo Inc. et al

Court Case Number: 3:15-cv-02030
File Date: Wednesday, October 28, 2015
Plaintiff: Versatop Support Systems, Inc.
Plaintiff Counsel: David P. Cooper, Owen W. Dukelow of Kolisch Hartwell PC
Defendant: Georgia Expo Inc., Topfinger Equipment (Shenzhen) Co., Ltd.
Cause: Copyright Infringement, False Designation of Origin
Court: District of Oregon
Judge: John Jelderks

Complaint:

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Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

24 Thursday Sep 2015

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

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Common Law Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, John Jelderks, State Trademark Dilution, Trade Dress Infringement, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unfair Trade Practices

adidas has a long history with Skechers. In 1994, adidas filed suit for trademark infringement over Skechers‘s Karl Kani footwear. The companies entered into a settlement agreement the following year (the “1995 Agreement,” attached below). Under this agreement, Skechers acknowledged that adidas is the exclusive owner of the THREE STRIPE DESIGN, agreed not to use the THREE STRIPE DESIGN or any mark confusingly similar thereto, and agreed to cease distribution of its KARL KANI sport shoe.

Between 2008 and 2013, adidas and Skechers allegedly entered into five separate confidential settlement agreements about infringements and dilutions of the Three-Stripe Mark. This most recent complaint from adidas claims that “notwithstanding the 1995 Agreement and the subsequent 2008-2013 Agreements–and in continuing, blatant disregard of adidas‘s rights–Skechers yet again is . . . selling footwear . . . bearing a confusingly similar imitation of the adidas Marks.”

adidas is especially aggrieved about a shoe that is (allegedly) confusingly similar to their famous Stan Smith shoe and claims that Skechers intends their “Stan Smith Knock-Off” shoe to be confusingly similar to the adidas Trade Dress and offers evidence that the Skechers website included the terms “stan smith” and “adidas original” in the source code.

adidas America Inc. et al v. Skechers USA Inc.

Court Case Number: 3:15-cv-01741-JE
File Date: Monday, September 14, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Skechers USA Inc.
Cause: Federal Trademark and Trade Dress Infringement, Federal Unfair Competition, Federal Trademark and Trade Dress Dilution, State Trademark Dilution with respect to the Three-Stripe Mark, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

Complaint:

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1995 Agreement:

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Another BitTorrent Download Case

01 Friday May 2015

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

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BitTorrent, Copyright Infringement, John Jelderks, Litigation Update

Carl Crowell has filed yet another BitTorrent copyright case, this time for The Humbling, starring Al Pacino. When searching for information about this film, be careful to search for Humbling, not Humbler. This is a pretty standard BitTorrent copyright complaint filed by Crowell.

A&T SPVH, Inc. v. Doe

Court Case Number: 3:15-cv-00728
File Date: Thursday, April 30, 2015
Plaintiff: A&T SPVH, Inc.
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

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Oregon Copyright Litigation Update – EasyPower v. Operation Technology

22 Thursday Aug 2013

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

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Copyright Infringement, John Jelderks, Litigation Update, Misappropriation of Trade Secrets, Software

EasyPower, LLC v. Operation Technology, Inc.

Court Case Number: 3:13-cv-01462-JE
File Date: Tuesday, August 20, 2013
Plaintiff: EasyPower, LLC
Plaintiff Counsel: John C. Rake, Susan D. Marmaduke of Harrang Long Gary Rudnick PC
Defendant: Operation Technology, Inc.
Cause: Copyright Infringement, Misappropriation of Trade Secrets
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

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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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