16 Wednesday Oct 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
Court Case Number: 6:13-cv-01833-TC
File Date: Tuesday, October 15, 2013
Plaintiff: Random Lengths Publications, Inc.
Plaintiff Counsel: J. Peter Staples of Chernoff Vilhauer McClung & Stenzel, LLP
Defendant: Sprenger Midwest, Inc.
Cause: Copyright Infringement, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin
08 Tuesday Oct 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
This case involves a planned showing of the Rocky Horror Picture Show in Grants Pass, Oregon on October 25-26. Defendant, the Rogue Theater, has shown the film annually since at least 2010 without authorization from Plaintiff. Plaintiff has brought this lawsuit to prevent the unauthorized exhibition of the film this year.
Court Case Number: 1:13-cv-01785-PA
File Date: Monday, October 07, 2013
Plaintiff: Twentieth Century Fox Film Corporation
Plaintiff Counsel: Clifford S. Davidson of Sussman Shank LLP
Defendant: The Rogue Theatre, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Owen M. Panner
08 Tuesday Oct 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Court Case Number: 3:13-cv-01784
File Date: Monday, October 07, 2013
Plaintiff: Hinrichs, Proudfoot and Skov, Inc.
Plaintiff Counsel: Kevin M. Hayes of Klarquist Sparkman, LLP
Defendant: McBassi and Company, Inc.
Cause: Unfair Competition, Trademark Infringement
Court: District of Oregon
Judge: Judge Anna J. Brown
27 Friday Sep 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
Here’s an interesting claim we don’t see all the time…Circumvention of Copyright Protection System. Defendant ChannelAdvisor allegedly created software computer code for the purpose of avoiding, bypassing, deactivating, or impairing Plaintiff Vortx’s licensing mechanism that controlled access to Plaintiff’s copyrighted aspdotnetstorefront software.
Court Case Number: 1:13-cv-01708-CL
File Date: Wednesday, September 25, 2013
Plaintiff: Vortx, Inc.
Plaintiff Counsel: Michael A. Gehret of Snell & Wilmer, LLP
Defendant: ChannelAdvisor Corporation
Cause: Circumvention of Copyright Protection System
Court: District of Oregon
Judge: Magistrate Judge Mark D. Clarke
25 Wednesday Sep 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Functionality, Litigation Update, Marco A. Hernandez, Trademark Infringement and Unfair Competition
Court Case Number: 3:13-cv-01699-HZ
File Date: Tuesday, September 24, 2013
Plaintiff: The Coast Distribution System Inc.
Plaintiff Counsel: Charles H. DeVoe, David C. Bourgeau, III, Thomas James Romano of Kolish Hartwell, PC
Defendant: Buyers Products Company
Cause: Copyright Infringement, Trademark Infringement and Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez
27 Tuesday Aug 2013
Posted in District of Oregon, Intellectual Property, Litigation, Trademark
Tags
Common Law Trademark Infringement, Common Law Unfair Competition, Litigation Update, Marco A. Hernandez, State Trademark Dilution, Trademark Infringement, Unfair Competition
Court Case Number: 3:13-cv-01500-HZ
File Date: Monday, August 26, 2013
Plaintiff: Nationwide Process Service, Inc.
Plaintiff Counsel: Brad C. Stanford, Patricia A. Walsh of Fairleigh Wada Witt PC
Defendant: Nationwide Legal, LLC.
Cause: Trademark Infringement, Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez
22 Thursday Aug 2013
Tags
Copyright Infringement, John Jelderks, Litigation Update, Misappropriation of Trade Secrets, Software
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
20 Tuesday Aug 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Portland
Tags
Common Law Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, False Designation of Origin, Federal Trademark Dilution, Litigation Update, Michael W. Mosman, Oregon Uniform Trade Practices Act, Trade Dress Infringement, Unfair Competition
The first Portland Loo was installed on December 8, 2008, “to enormous media attention.” Portland has used the Loo to capitalize on its reputation as a “green” innovator and has sold the Loo to various municipalities including: Ketchikan Gateway Borough, Alaska, and Victoria and Nanaimo in British Columbia, Canada. The City is currently negotiating to sell Portland Loos to Esquimalt, British Columbia, San Diego, California, and Seattle, Washington.
In January 2013, Portland city officials were informed by an official with the City of Cincinnati, that Defendant Romtec was manufacturing and marketing for sale a restroom substantially and strikingly similar to the Portland Loo called the “Sidewalk Restroom.” Romtec first introduced its Sidewalk Restroom in late 2012.
Portland alleges that Romtec’s Sidewalk Restroom is “substantially and strikingly similar to the distinctive Portland Loo in its total overall expression, appearance, configuration, size, description, and promotion and features key elements that appear to have been copied from the Protected Work including, but not limited to: (a) the placement, size, position, and dimensions of its louvers; (b) the choice of metal wall panels; (c) use of an anti-graffiti powder coating; (d) the stripped down plumbing that facilitates its set-in-place installation; (e) placement of the sink on the exterior of the unit; and (f) dedicated space for art and advertising.”
This lawsuit was brought by Portland to prevent the sale of the Sidewalk Restroom. More background is included in the Complaint (below). Stay tuned for updates.
Court Case Number: 3:13-cv-01453-MO
File Date: Monday, August 19, 2013
Plaintiff: City of Portland Oregon
Plaintiff Counsel: Lisa M. Gramp – Attorney at Law
Defendant: Romtec, Inc.
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, False Designation of Origin, Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Dilution, Oregon Uniform Trade Practices Act
Court: District of Oregon
Judge: Judge Michael W. Mosman
13 Tuesday Aug 2013
Posted in Copyright, District of Oregon, Intellectual Property, Litigation
Tags
Declaratory Relief - 17 USC 106A, Declaratory Relief - Quiet Title, Injunctive Relief - Non-Interference, Litigation Update, Michael J. McShane, Visual Artists Rights Act
A renowned Iranian-born artist and Oregon State graduate is in a legal battle to prevent the sale of 114 of her paintings found at a storage locker auction.
Tala Madani attended Oregon State University, obtaining a BFA in Visual Arts and BA in Political Science in 2004, prior to obtaining her MFA from Yale University in 2006. While at Oregon State, Madani was awarded the President’s Award for Excellence in Art. Like many undergraduates headed off to graduate school, sometime between Corvallis and New Haven, Madani stashed her belongings in a storage locker at Polk County Storage in Independence, Oregon, including 114 paintings, some dating back to when Madani was in 6th grade.
Subsequently (dates aren’t included in the Complaint), Madani failed to maintain payments for the storage locker and the contents were sold at auction.
Brad Daily and Mike Claxton, principals of Independence Collection (“Independence”), won the contents of Madani’s locker at a storage locker auction. Upon examining the contents of their new locker, Independence discovered the 114 paintings, along with other personal items, including photo ID cards, personal photographs and negatives and a handwritten journal.
The Complaint indicates Independence “contacted [Madani] in an attempt to return the personal items.” They also “discussed the return of several of the paintings believed to be of notable value, but negotiations quickly degenerated.”
Apparently unable to successfully transfer the paintings back to Madani, Independence then made several attempts to sell the paintings. However, they were repeatedly thwarted by Madani, who has claimed that any sale, in addition to criminal penalties, would subject Independence and complicit auction houses to claims under the Visual Artists Rights Act. As such, Independence has brought this lawsuit to obtain a Declaratory Judgment of Ownership (and right to sell) the Madani paintings.
Stay tuned for updates.
Court Case Number: 6:13-cv-01397-MC
File Date: Sunday, August 11, 2013
Plaintiff: Independence Collection, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Tala Madani
Cause: Declaratory Relief – Quiet Title, Injunctive Relief – Non-Interference, Declaratory Relief – 17 USC 106A
Court: District of Oregon
Judge: Judge Michael J. McShane
Declaratory Judgment of Ownership:
18 Thursday Jul 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon
Tags
Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Common Law Fraud, Common Law Trademark Infringement, Common Law Unfair Competition, Declaratory Judgment, False Advertising, Fraud, Janice M. Stewart, Litigation Update, Trademark Infringement, Unfair Competition
Court Case Number: 3:13-cv-01203-ST
File Date: Wednesday, July 17, 2013
Plaintiff: Yeti Enterprises Incorporated
Plaintiff Counsel: Daniel C. Occhipinti of Stoel Rives LLP
Defendant: Orion Tang, NPK, LLC
Cause: Trademark Infringement, Unfair Competition, False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, Fraud, Common Law Fraud, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Declaratory Judgment
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart
Complaint (removed from Multnomah County Circuit Court):
Response
UPDATED [7/30/14]: The following documents provide more insight into the litigation.
Plaintiffs’ Second Amended Complaint and Counterclaims
Defendants’ Answer and Affirmative Defenses to Plaintiff’s Second Amended Complaint and Counterclaims
Oregon Intellectual Property Blog 