Tags
Common Law Trademark Infringement, Federal Trademark Infringement, John V. Acosta, Litigation Update, Unfair Competition
Plaintiff manufactures and sells high-end markers for illustrators and design professionals. Their “COPIC” line of markers have distinctive squarish bodies and distinctive squarish cap-ends, both protected by U.S. trademark registrations.
This lawsuit arises because the configuration of Defendant’s Studio Series markers is alleged to be confusingly similar to the configuration denoted in the trademark registrations and the configuration of Plaintiffs’ markers.
In 2014, Plaintiff filed a similar lawsuit. That case resulted in a settlement agreement and permanent injunction against the defendant.
Too Marker Products, Inc. et al v. Peter Pauper Press, Inc.
Court Case Number: 3:16-cv-00387-AC
File Date: Tuesday, March 1, 2016
Plaintiff: Too Marker Products, Inc., Imagination International, Inc.
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Shlachter, P.C.
Defendant: Peter Pauper Press, Inc.
Cause: Federal Trademark Infringement, Common Law Trademark Infringement, Unfair Competition
Court: District of Oregon
Judge: John V. Acosta
Complaint:
Defendant then filed a DMCA counter notification with YouTube, swearing under penalty of perjury that the video was removed by YouTube due to a mistake or misidentification on the basis that “its my video of me”.
Oregon Intellectual Property Blog 