14 Friday Jun 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation
Court Case Number: 6:13-cv-00986-TC
File Date: Thursday, June 13, 2013
Plaintiff: EGO Originals, Inc.
Plaintiff Counsel: Leonard D DuBoff of The DuBoff Law Group, LLC
Defendant: Chico’s FAS, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin
21 Tuesday May 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Portland
Two months ago, Lake Oswego-based Crave Bake Shop filed a Declaratory Judgment of Non-Infringement action to preserve the right to use the “Crave” trademark in connection with gluten-free baked goods. A settlement has apparently been reached with San Francisco-based Crave bakery and Crave Bake Shop will now become Kyra’s Bake Shop.
More information, including background on the parties, is available from the Portland Tribune. While the terms of the settlement are undisclosed, Kyra Bussanich, owner of Crave Bake Shop, provides some insight into her future naming plans.
“The new name will start transitioning this summer…With my cookbook about to be released and our new line of dry mixes and the expansion plans on the horizon, I want to funnel all the goodwill I have built up to be associated with my new Kyra’s Bake Shop name as I move forward. Of course, I will retain the trademark on Crave Bake Shop and the website until people are used to KBS.”
Notice of Dismissal:
07 Tuesday May 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Breach of Contract, Declaratory Relief, Litigation Update, Paul Papak, Trademark Infringement, Unfair Competition
Despite the termination of a distributorship license, Defendant allegedly continues to market itself as the exclusive United States importer and distributor of Netherlands-based Technivorm’s Moccamaster coffee makers on the internet. This case was transferred from the Northern District of Illinois.
Court Case Number: 3:13-cv-00762-PK
File Date: Monday, May 06, 2013
Plaintiff: Technivorm, B.V.
Plaintiff Counsel: Todd Alan Holleman of Miller, Canfield, Paddock And Stone, PLC
Defendant: Boyd Coffee Company, Boyd Coffee Distribution Company
Cause: Trademark Infringement, Breach of Conract, Unfair Competition, Declaratory Relief
Court: Oregon District Court
Judge: Magistrate Judge Paul Papak
06 Saturday Apr 2013
Posted in District of Oregon, Intellectual Property, Oregon, Trademark
Tags
False Designation of Origin, Litigation Update, Thomas M. Coffin, Trademark Infringement, Unfair Competition, Unlawful Trade Practices
Plaintiff InsightsNow, Inc. is a Corvallis-based company that has been offering a market research service in the consumer packaged goods industry called “BehaviorLens“. Plaintiff’s claimed date of first use in commerce is August 26, 2011. Defendant SuperPsyched is a Colorado based app-maker with an app for tracking student behavior called “BehaviorLENS“. Defendant’s date of first use in commerce is October 11, 2011. In response to an initial cease and desist letter, Defendant apparently made efforts to distinguish its trademark and services but not to the satisfaction of Plaintiff, resulting in this lawsuit.
Court Case Number: 6:13-cv-00573-TC
File Date: Wednesday, April 03, 2013
Plaintiff: InsightsNow, Inc.
Plaintiff Counsel: Delfina S. Homen, Hillary S. Brooks of Marger Johnson & McCollom PC
Defendant: SuperPsyched, LLC
Cause: Trademark Infringement, False Designation of Origin and Unfair Competition, Unlawful Trade Practices
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin
29 Friday Mar 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
Tags
Contributory Copyright Infringement, Copyright Infringement, Indirect Infringement of Copyright, Litigation Update, Thomas M. Coffin
Court Case Number: 6:13-cv-00539-TC
File Date: Thursday, March 28, 2013
Plaintiff: RynoRyder Productions, Inc.
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Does 1-23
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin
See other Oregon Download Cases.
23 Saturday Mar 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
New York-based publisher Penguin Group’s battle against Oregon-based nonprofit American Buddha continues in Oregon after being dismissed in New York for lack of personal jurisdiction. American Buddha has uploaded complete copies of books and other media onto American Buddha’s online library that is accessible by some 50,000 members at no charge. Four of the books posted belong to mega-publisher Penguin, which claims copyright infringement. American Buddha claims (in the American Buddha Online Library Copyright Notice) to be operating safely under 17 U.S.C. Section 108, which exempts libraries and archives from liability for creating reproductions (under certain conditions). It seems a stretch to apply Section 108 to PDFs posted on a website but American Buddha claims to impose “contractual and technical limitations on access to the archive” that could potentially bring it within the contours of 108. “Library” isn’t defined in the Copyright Act but the context of 108 suggests it be interpreted in the traditional manner, as a real, physical location, not an online repository. It seems yet another part of the Copyright Act that might need clarification in the digital age. Stay tuned as the parties sort it out.
Court Case Number: 3:13-cv-00497-HU
File Date: Friday, March 22, 2013
Plaintiff: Penguin Group(USA) Inc.
Plaintiff Counsel: Duane A. Bosworth, II, Timothy M. Cunningham of Davis Wright Tremaine, LLP
Defendant: American Buddha
Cause: Copyright Infringement
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel
20 Wednesday Mar 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
Tags
Contributory Copyright Infringement, Copyright Infringement, Indirect Infringement of Copyright, Litigation Update, Thomas M. Coffin
Court Case Number: 6:13-cv-00469-TC
File Date: Tuesday, March 19, 2013
Plaintiff: The Thompsons Film, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Does 1-155
Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of Copyright
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin
See other Oregon Download Cases.
16 Saturday Mar 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Common Law Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Dennis J. Hubel, Litigation Update, Trademark Infringement, Unfair Competition
Court Case Number: 3:13-cv-00451-HU
File Date: Friday, March 15, 2013
Plaintiff: The Coast Distribution System Inc.
Plaintiff Counsel: Charles H. DeVoe, Thomas James Romano of Kolisch Hartwell, PC
Defendant: Ezra Distributing, Inc., Ezra Retail LLC
Cause: Trademark Infringement and Unfair Competition; Common Law Trademark Infringement, Unfair Competition, and Dilution
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel
15 Friday Mar 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Here’s a trademark dispute involving book titles. Plaintiff writes a series of industry-focused legal education books called “The Law, in Plain English for [insert industry]” (some examples are Photographers, Restaurants, Writers). Essentially, the books are an attempt to help regular folks understand the law that applies to their industry, explained not with legal jargon but “in plain English.”
Defendants publish a book “Legal Writing in Plain English,” frequently used by law students as a textbook in their legal writing courses. It teaches future lawyers (and current lawyers) to write laws and contracts that regular folks can understand, not written in legal jargon but “in plain English.”
Are the books sold in the same marketplace or two independent marketplaces? Industry folks buy one set of books, attorneys buy the other, presumably all for the greater good of comprehensible law. Authors suing authors, lawyers suing lawyers…this could get interesting. Stay tuned for updates.
Court Case Number: 3:13-cv-00436-SI
File Date: Thursday, March 14, 2013
Plaintiff: Leonard D. Duboff
Plaintiff Counsel: Anthony Edward McNamer, Deborah E. Gumm of McNamer and Company, PC
Defendant: University of Chicago, Lawprose, Inc., Bryan A. Garner
Cause: Trademark Infringement
Court: Oregon District Court
Judge: Judge Michael H. Simon
09 Saturday Mar 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
False Designation of Origin, Litigation Update, Marco A. Hernandez, Trademark Infringement, Unfair Competition, Unlawful Trade Practices
Hood River-based Naked Winery is pursuing a new San Francisco-based winemaker, Naked Rebel Winery, for trademark infringement. It’s not necessarily a slam-dunk case, as there are several other “naked-formative” trademarks used in connection with wine. Naked Rebel filed it’s own trademark application back in December although there’s been no action yet by a Trademark Examiner. However, based on rejections received in other “naked” applications, it seems the Naked Rebel crew may have to overcome both this lawsuit and then a 2(d) refusal in order to successfully use and register their trademark.
Trademark practitioners, do you prefer to file a trademark complaint prior to an Examiner’s review of a pending trademark application or do you wait for an Examiner’s 2(d) refusal? I’m curious as to your thoughts in either direction.
Court Case Number: 3:13-cv-00402-HZ
File Date: Friday, March 08, 2013
Plaintiff: Naked Wines LLC
Plaintiff Counsel: Hillary A. Brooks, Delfina S. Homen of Marger Johnson & McCollom, PC
Defendant: Mustache Mentors, Inc., Mustache Mentors LLC
Cause: Trademark Infringement, False Designation of Origin and Unfair Competition, Unlawful Trade Practices
Court: Oregon District Court
Judge: Judge Marco A. Hernandez
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