Tag Archives: Marco A. Hernandez

Bob’s Red Mill rejects adoption of Gluten-Free Certification Mark

06 Wednesday Jun 2018

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

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This trademark action sees Bob’s Red Mill Natural Foods, a popular producer of natural, certified organic, and gluten-free milled grain products, seeking a declaratory judgment of non-infringement of a “Certified Gluten-Free” certification mark owned by the Gluten Intolerance Group of North America.

Bob’s Red Mill has been producing gluten-free products for over 30 years, using several indicators over time to denote the gluten-free quality. They currently use the following indicator on packaging and on their website:

On May 17, 2018, Bob’s Red Mill received the following email asking that it stop using its own indicator, become certified with the “Gluten-Free Certification Organization,” and adopt the Defendant’s Certification Mark:

Bob’s Red Mill notes in the Complaint that it has never claimed certification by any outside organization and that “[t]here is no federal standard for ‘gluten-free.'”

Rejecting those requests, Bob’s Red Mill brings this lawsuit to obtain a judgment declaring that it may use its own gluten-free indicator, without having to seek the permission of, or pay money to, the Gluten Intolerance Group.

Stay tuned for updates.

Bob’s Red Mill Natural Foods, Inc. v. Gluten Intolerance Group of North America

Court Case Number: 3:18-cv-960-HZ
File Date: Thursday, May 31, 2018
Plaintiff: Bob’s Red Mill Natural Foods, Inc.
Plaintiff Counsel: Clifford S. Davidson of Sussman Shank LLP
Defendant: Gluten Intolerance Group of North America
Causes: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

On Electric sues OEG for trademark infringement, unfair competition

23 Thursday Nov 2017

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

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The plaintiff in this trademark lawsuit is an Oregon-based business “offering a full range of electrical services, including but not limited to residential, commercial and industrial services along with a comprehensive service department.” Plaintiff has used an ON ELECTRIC trademark since January 2015 in connection with its electrical services.

The defendant, OEG, allegedly began using an ON ELECTRIC trademark in connection with electrical services in August 2015. OEG apparently used to stand for “Oregon Electric Group” but it switched at some point to “On Electric Group.”

Both parties operate in Portland, Oregon and the surrounding areas. The complaint (below) alleges numerous instances of actual confusion among suppliers, advertisers, customers and others.

On Electric, LLC v. On Electric Group, Inc.

Court Case Number:  3:17-cv-01871-HZ
File Date: Tuesday, November 21, 2017
Plaintiff: On Electric, LLC
Plaintiff Counsel: David S. Aman of Aman Law, LLC
Defendant: On Electric Group, Inc.
Causes: Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

Portland Artist sues Vans over Misappropriated Shoe Artwork

23 Wednesday Nov 2016

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

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Plaintiff is a visual artist residing in Portland, Oregon. In 2010, Plaintiff installed artwork at a Sole Classics shoe store in Columbus, Ohio. The work was registered with the U.S. Copyright Office.

Plaintiff asserts that the defendant in this copyright lawsuit, Vans, Inc., has incorporated his artwork without permission into one of Vans’ 2016 limited edition shoes, the Sole Classics x Vans Vault Half Cab LX “10 Seasons” (see Exhibit D below). Plaintiff alleges that Sole Classics licensed rights to Vans that it did not possess.

Stay tuned for updates.

Nichols v. Vans, Inc.

Court Case Number: 3:16-cv-02208-HZ
File Date: Tuesday, November 22, 2016
Plaintiff: Jeremy Nichols
Plaintiff Counsel: Robert Swider, Alex Fund of Swider Haver LLP
Defendant: Vans, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

Rogue sues Photographer/Videographer for Copyright Infringement

14 Monday Nov 2016

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Plaintiff Oregon Brewing Company (a.k.a. Rogue) is suing its past photographer/videographer, asserting 39 separate instances of copyright infringement. The Defendant allegedly used photographs and short films he had created (but which were owned by Rogue pursuant to an Employment Agreement, see Exhibit 1) on his personal website. Additionally, Defendant submitted the 39 works for registration with the Registrar of Copyrights.

Oregon Brewing Company v. Blair

Court Case Number: 3:16-cv-02130-HZ
File Date: Monday, November 7, 2016
Plaintiff: Oregon Brewing Company
Plaintiff Counsel: Andrew D. Glascock of Hiefield Foster & Glascock, LLP
Defendant: Benjamin R. Blair
Cause: Copyright Infringement
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

Exhibit 1:

Stash Tea Company vs. Stash Cannabis Company…are you confused?

21 Thursday Apr 2016

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

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The Plaintiff, Stash Tea Company, has been in the business of merchandising, supplying and selling high quality tea and tea related products since the early 1970s. They are headquartered in Tigard, Oregon, with a Tea Bar in North Portland. Plaintiff owns several trademark registration for STASH, including the following:

U.S. Reg. No. 4,868,446 for STASH covering “On-line wholesale and retail store services featuring dried plants and tea; Wholesale and retail store services featuring dried plants and tea”

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Defendant, Stash Cannabis Company, is a marijuana dispensary in Beaverton, Oregon (for those not from Portland, Beaverton and Tigard are really close.) They opened in September 2015.
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Plaintiff has alleged no instances of actual confusion in the Complaint (below) but apparently doesn’t like another STASH nearby.

Does Plaintiff’s trademark registration for “dried plants” extend to marijuana flowers? Keep in mind Plaintiff has never sold marijuana flowers, dry or otherwise. The very broad and somewhat vague “dried plants” description was not challenged by a USPTO Examining Attorney but could leave the relatively new registration open to reexamination or cancellation.

Stay tuned for updates.

Universal Tea Company, Inc., dba Stash Tea Company v. Stash Cannabis Company, LLC et al

Court Case Number: 3:16-cv-00685
File Date: Wednesday, April 20, 2016
Plaintiff: Universal Tea Company, Inc. d/b/a Stash Tea Company
Plaintiff Counsel: Susan D. Pitchford, Amelia S. Forsberg of Chernoff Vilhauer LLP
Defendant: Stash Cannabis Company, LLC, Chris Matthews
Cause: Federal Trademark Infringement, Unfair Competition, Passing Off, Federal Trademark Dilution, State Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Unlawful Trade Practices
Judge: Marco A. Hernandez

Complaint:

Religious Publishing Company sued for Unauthorized Publication of Hymns

18 Monday Apr 2016

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

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This copyright action involving religious hymns arises from an alleged breach of a prior license agreement.

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Oregon Catholic Press v. Ambrosetti et al

Court Case Number: 3:16-cv-00651
File Date: Friday, April 15, 2016
Plaintiff: Oregon Catholic Press
Plaintiff Counsel: Leonard D. DuBoff of The DuBoff Law Group
Defendant: Ambrosetti et al
Cause: Copyright Infringement
Judge: Marco A. Hernandez

Complaint:

adidas “Three-Stripe” Trademark enforced against Four-Stripe Footwear

08 Tuesday Mar 2016

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The adidas “Three-Stripe” crusade continues, this time against four stripes…

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Click the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America, Inc. et al v. Athletic Propulsion Labs, LLC

Court Case Number: 3:16-cv-00415-HZ
File Date: Monday, March 7, 2016
Plaintiff: adidas America, Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Athletic Propulsion Labs
Cause: Federal Trademark Infringement, Federal Unfair Competition, State Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

City of Portland Defends its Historic Sign in Federal Court

21 Tuesday Jul 2015

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

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The City of Portland bought the famous Portland Oregon sign – commonly known as the “White Stag” sign or the “Made in Oregon” sign – Portland's state trademark registration in the signin 2010. The following year, in July 2011, the city registered its trademark with the state of Oregon. It appears that the City started charging license fees for commercial use of images of the famous sign around January 2013. Vintage Roadside is an Oregon company that aims “to bring back to light the authentic advertising graphics and logos of [] bygone businesses” by giving “people the opportunity to indulge in one of life’s great pleasures: the gift shop souvenir!” Vintage Roadside also runs an Etsy store that sells photographs of vintage roadside attractions.

According to the Complaint, the City of Portland’s attorneys contacted Vintage Roadside and asserted that their photograph violated the City’s trademark in the sign. Vintage Roadside filed a preemptive lawsuit, seeking a declaratory judgment, in the Multnomah County Circuit. Plaintiff alleges both that the City’s state trademark is unenforceable and that Plaintiff is not infringing and has not infringed any enforceable trademark relating to the sign. The City has removed the case to federal court. The heart of Plaintiff’s argument is that the City of Portland incorrectly filed its Vintage Roadside Etsy Screenshottrademark application. The recitation of services in the state trademark registration (as shown above, and on p. 9 of the Complaint below) is awkward. The only good or service listed on the application is, “The sign is a visual icon associated with Portland, and is seen all over the world when major events come to Portland.” In the space available to explain the mode or manner in which the mark is used, the City of Portland simply wrote, “An historical landmark of Portland, Oregon.” Vintage Roadside is alleging that the City of Portland was not using the mark in connection with the sale of goods and services and falsely certified that the mark was in use.

More updates to come as the case progresses…

Vintage Roadside LLC v. City of Portland

Court Case Number: 3:15-cv-01346
File Date: Monday, July 20, 2015
Plaintiff: Vintage Roadside LLC
Plaintiff Counsel: Robert A. Swider of Swider Haver LLP
Defendant: City of Portland
Defendant Counsel: J. Scott Moede and Simon Whang of Portland City Attorney’s Office; Shawn J. Kolitch of Kolisch Hartwell, PC
Cause: Unenforceability of Trademark, Non-Infringement of Trademark
Court: District of Oregon
Judge: Judge Marco A. Hernandez

June Download Cases

01 Wednesday Jul 2015

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

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As there are so many, going forward we’ll simply list download cases in one monthly post rather than individual posts. Fun fact – 20 of the 21 copyright/trademark complaints filed in Oregon this month were BitTorrent download cases.

Here are the complaints filed in June 2015:

Court Case Number: 6:15-cv-00977-TC
File Date: Wednesday, June 03, 2015
Plaintiff: Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 3:15-cv-00975
File Date: Wednesday, June 03, 2015
Plaintiff: Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Stacie F. Beckerman

Court Case Number: 3:15-cv-00974
File Date: Wednesday, June 03, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Marco A. Hernandez

Court Case Number: 3:15-cv-00973
File Date: Wednesday, June 03, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Marco A. Hernandez

Court Case Number: 3:15-cv-00972
File Date: Wednesday, June 03, 2015
Plaintiff: Automata Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael W. Mosman

Court Case Number: 3:15-cv-01043
File Date: Thursday, June 11, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01042-AC
File Date: Thursday, June 11, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01041-ST
File Date: Thursday, June 11, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01040-SB
File Date: Thursday, June 11, 2015
Plaintiff: Glacier Films USA Inc., Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Stacie F. Beckerman

Court Case Number: 3:15-cv-01039-SI
File Date: Thursday, June 11, 2015
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael H. Simon

Court Case Number: 6:15-cv-01080-AA
File Date: Wednesday, June 17, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01081
File Date: Wednesday, June 17, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01078
File Date: Wednesday, June 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01077
File Date: Wednesday, June 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01075
File Date: Wednesday, June 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01186-ST
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01185-ST
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01184-ST
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01183
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01182
File Date: Friday, June 26, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Voltage Pictures Files Five More Lawsuits Against Individual Does

10 Monday Nov 2014

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

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People of Oregon, stop using BitTorrent to download Dallas Buyers Club!

Voltage Pictures returns with five more BitTorrent lawsuits alleging unauthorized downloading of the film. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Court Case Number: 3:14-cv-01780
File Date: Saturday, November 08, 2014
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: Paul Papak

Court Case Number: 3:14-cv-01781
File Date: Saturday, November 08, 2014
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: Dennis J. Hubel

Court Case Number: 3:14-cv-01782
File Date: Saturday, November 08, 2014
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: Marco A. Hernandez

Court Case Number: 6:14-cv-01783-TC
File Date: Saturday, November 08, 2014
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: 6:14-cv-01784-TC
File Date: Saturday, November 08, 2014
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

Representative Complaint: