Tag Archives: Litigation Update

Oregon Copyright Litigation Update – Dumb and Dumber To files lawsuits against 5 individuals

13 Friday Feb 2015

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

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More copyright infringement complaints have been filed against individual IP addresses over BitTorrent downloads. DDTo Finance, the registered copyright holder of the Red Granite Pictures film, Dumb and Dumber To, filed suit against five individuals whose IP addresses are associated with Comcast. DDTo Finance intends to subpoena records from Comcast to ascertain the true identity of these individuals.

DDto Finance LLC v. DOEs

Court Case Number: 3:15-cv-00239-ST
File Date: Thursday, February 12, 2015
Plaintiff: DDto Finance LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Janice M. Stewart

Court Case Number: 3:15-cv-00253-HZ
File Date: Thursday, February 12, 2015
Plaintiff: DDto Finance LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Janice M. Stewart

Court Case Number: 3:15-cv-00254
File Date: Thursday, February 12, 2015
Plaintiff: DDto Finance LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Janice M. Stewart

Court Case Number: 3:15-cv-00255
File Date: Thursday, February 12, 2015
Plaintiff: DDto Finance LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Unassigned

Court Case Number: 3:15-cv-00256
File Date: Thursday, February 12, 2015
Plaintiff: DDto Finance LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Janice M. Stewart

Representative Complaint:

Five more Dallas Buyers Club lawsuits filed

12 Thursday Feb 2015

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

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The Federal Court clerks must love this Plaintiff. Here are five more BitTorrent lawsuits involving the film Dallas Buyers Club. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Folks, stop downloading Dallas Buyers Club with BitTorrent!

Related cases

Court Case Number: 3:15-cv-00218-AC
File Date: Sunday, February 08, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 6:15-cv-00219-AC
File Date: Sunday, February 08, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-00220-AC
File Date: Sunday, February 08, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 6:15-cv-00221-AC
File Date: Sunday, February 08, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-00222-AC
File Date: Sunday, February 08, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Oregon Trademark Litigation Update – Heidie S. McCall v. Ronny Shany et al

05 Thursday Feb 2015

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

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This is a pro se trademark lawsuit involving a dispute between the owners of HIGHTV and HIGHTV 3D trademarks. The trademarks have been used concurrently since 2011.

Heidie S. McCall v. Ronny Shany et al

Court Case Number: 3:15-cv-00182-SI
File Date: Monday, February 02, 2015
Plaintiff: Heidie S. McCall
Plaintiff Counsel: Heidie S. McCall – Pro Se
Defendant: Ronny Shany, Eric Klein, HighTV 3D
Cause: Federal Trademark Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

More Dallas Buyers Club BitTorrent Lawsuits Filed Against Individual Does

02 Monday Feb 2015

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

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Voltage Pictures has started off February with five more BitTorrent lawsuits involving the film Dallas Buyers Club. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Folks, stop downloading Dallas Buyers Club with BitTorrent!

Related cases

Court Case Number: 3:15-cv-00174-ST
File Date: Sunday, February 01, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 6:15-cv-00175-TC
File Date: Sunday, February 01, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 3:15-cv-00176-AC
File Date: Sunday, February 01, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 6:15-cv-00177-MC
File Date: Sunday, February 01, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Judge Michael J. McShane

Court Case Number: 6:15-cv-00178-MC
File Date: Sunday, February 01, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Judge Michael J. McShane

Oregon Copyright Litigation Update – Jacobus Rentmeester v. Nike

25 Sunday Jan 2015

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

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In this lawsuit, sure to get media coverage, Plaintiff, a photographer, claims Nike’s Jordan Brand ripped off his iconic image of Michael Jordan.

Check out this article for a full breakdown.

Stay tuned for legal updated.

Jacobus Rentmeester v. Nike, Inc.

Court Case Number: 3:15-cv-00113
File Date: Thursday, January 22, 2015
Plaintiff: Jacobus Rentmeester
Plaintiff Counsel: Cody B. Hoesly of Larkins Vacura LLP
Defendant: Nike, Inc.
Cause: Copyright Infringement, Vicarious Copyright Infringement, Contributory Copyright Infringement, Violations of the Digital Millennium Copyright Act
Court: District of Oregon
Judge: Judge Michael W. Mosman

Portland-based Insurance Company sues Competitor over Google AdWords Advertising

13 Tuesday Jan 2015

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

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Plaintiff, based in Portland, Oregon, is suing Defendant, a competing insurance company, over the use of Plaintiff’s trademarks by Defendant in Google AdWords advertising.

While several courts around the country have ruled on the issue of whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement, these cases remain very fact-specific.

For those unfamiliar with keyword advertising, one party pays Google to appear in the “Ads” box at the top of or adjacent to the search results for specific search terms. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue.

Stay tuned for updates as the case proceeds. For what it’s worth, Defendant’s ad doesn’t show up when I run a search for Plaintiff’s trademark…

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Williston Financial Group LLC v. Old Republic National Title Insurance Company

Court Case Number: 3:15-cv-00047
File Date: Friday, January 09, 2015
Plaintiff: Williston Financial Group LLC
Plaintiff Counsel: Richard T. Cruzen, Kristen P. Reichenbach of Klarquist Sparkman LLP
Defendant: Old Republic National Title Insurance Company
Cause: Violation of 15 USC 1114, Violation of 15 USC 1125(a)
Court: District of Oregon
Judge: Anna J. Brown

Voltage Pictures starts 2015 with 6 more BitTorrent Lawsuits

02 Friday Jan 2015

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

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Voltage Pictures started off 2015 with 6 more BitTorrent cases alleging unauthorized downloading of Dallas Buyers Club. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Court Case Number: 3:15-cv-00001
File Date: Thursday, January 01, 2015
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 3:15-cv-00002
File Date: Thursday, January 01, 2015
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 3:15-cv-00003
File Date: Thursday, January 01, 2015
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 3:15-cv-00004
File Date: Thursday, January 01, 2015
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 3:15-cv-00005
File Date: Thursday, January 01, 2015
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 3:15-cv-00006
File Date: Thursday, January 01, 2015
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Oregon Trademark Litigation Update – Kool Pak v. Kool Trans

26 Friday Dec 2014

Posted by in District of Oregon, Intellectual Property, Legislation, Oregon, Trademark

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Plaintiff Kool Pak, based in Lake Oswego, Oregon, seeks to protect its family of “Kool” trademarks in connection with transcontinental refrigerated trucking services. Plaintiff has used the Kool Pak mark for over 45 years.

Kool PakDefendant, headquartered in Salt Lake City, Utah, entered the refrigerated trucking market in June 2014, operating under the “Kooltrans” mark.

Unable to negotiate an agreeable resolution via attorney dealings, the Plaintiff now seeks the Court’s determination of whether there is a likelihood of confusion between the parties’ marks.

Kool Pak LLC v. Kool Trans LLC

Court Case Number: 3:14-cv-02036-SI
File Date: Tuesday, December 23, 2014
Plaintiff: Kool Pak LLC
Plaintiff Counsel: J. Peter Staples, Susan D. Pitchford of Chernoff Vilhauer McClung & Stenzel LLP
Defendant: Kool Trans LLC
Cause: Trademark Infringement, Federal Statutory False Designation of Origin, Common Law Trademark Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

Oregon Copyright Litigation Update – Wayne Stauch v. McBro et al

09 Tuesday Dec 2014

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

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Happy holidays! This is a declaratory judgment action by which Plaintiff, on behalf of his company Bambi’s Nursery, asserts that his wooden reindeers do not infringe on Defendants’ copyrighted wooden reindeer designs.

Wayne Stauch v. McBro LLC et al

Court Case Number: 3:14-cv-01930-BR
File Date: Wednesday, December 03, 2014
Plaintiff: Wayne Stauch
Plaintiff Counsel: Dayna J. Christian, Nicholas M.M. Drum of Immix Law Group
Defendant: McBro LLC, Scott Timothy McKee
Cause: Invalidity of Copyright, Non-Infringement, Fair Use, Inequitable Conduct and Misuse of Copyright
Court: District of Oregon
Judge: Judge Anna J. Brown

Oregon Trademark Litigation Update – Killer Burger v. Grindhouse Holdings

03 Wednesday Dec 2014

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

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This lawsuit involving the popular Portland-based hamburger joint and a Georgia-based hamburger restaurant was covered in gleeful pun-filled fashion by the Oregonian here.  I’ll update the story if there are any significant legal filings. In the meantime, read the Complaint below and then click over to the Oregonian story.

Killer Burger Inc. v. Grindhouse Holdings LLC

Court Case Number: 3:14-cv-01913-SI
File Date: Monday, December 01, 2014
Plaintiff: Killer Burger Inc.
Plaintiff Counsel: Elizabeth A. Tedesco Milesnick of Miller Nash LLP
Defendant: Grindhouse Holdings LLC
Cause: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon