Tag Archives: Michael H. Simon

Hydro Flask sues numerous counterfeiters, seeks Temporary Restraining Order and Preliminary Injunction

09 Monday Jul 2018

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

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The Plaintiff in this trademark lawsuit, Helen of Troy Limited, is the owner of the immensely popular HYDRO FLASK trademark, used in connection with vacuum insulated stainless steel water bottles and other insulated products. Helen of Troy’s affiliate Steel Technology, LLC d/b/a Hydro Flask, an Oregon limited liability company with headquarters in Bend, Oregon, founded the HYDRO FLASK brand and product line in 2009 and today is the North American marketer and distributor of HYDRO FLASK-branded products. What Pacific Northwesterner doesn’t own at least one Hydro Flask for their weekend hiking (or brewery-visiting) adventures?

Numerous defendants, some perhaps related, are accused of selling counterfeit Hydro Flask products via counterfeit websites. Given the evidence presented in the voluminous Complaint and Exhibits (see below), the counterfeiting seems fairly apparent. The Plaintiff has filed a subsequent Motion for Temporary Restraining Order and Preliminary Injunction, likely the best way to deal with multiple infringing (and non-responsive) websites.

If the counterfeiting wasn’t obvious and there was any question whether the Defendants were fighting an uphill battle, the Plaintiff’s lead attorney, Mrs. Benedick, previously served as a Judicial Extern for the presiding judge, Michael Simon. 

The Complaint’s Exhibit List is extensive and voluminous, with Exhibit 5 perhaps taking the record for the largest ever Exhibit logged by this blog, at a gargantuan 633 “never mind the PACER charges” pages.

This lawsuit will likely be a one-sided battle, with excellent high-value legal work on behalf of the Plaintiff and probably no response from the Defendants. However, if the end result is numerous injunctions and a (brief) stop to Hydro Flask counterfeiting, Plaintiff can be satisfied, at least for awhile.

Stay tuned for updates.

Helen of Troy Limited v. Bestcupshop.com et al

Court Case Number: 3:18-cv-01165-SI
File Date: Friday, June 29, 2018
Plaintiff: Helen of Troy Limited
Plaintiff Counsel: Kenneth R. Davis II, Kelsey M. Benedick of Lane Powell PC, David J. Stewart, Mary Grace Gallagher of Alston & Bird LLP
Defendant: BESTCUPSHOP.COM, BESTCUPSSALE.COM; BOMOSFIT.COM; CAMOGYM.COM; CHEAPERBOTTLE.COM; CHEAPHYDROFLASK.COM; CHENJIAJIN D/B/A HYDROFLASKEN.COM; DEALHYDRO.COM; FANACTICSCUP.COM; FENGZHU E- COMMERCEHOLDINGS LLC; GUO TANG D/B/A HYDROFLASKOUTLET.COM; HFTUMBLERS.COM; HOU SU PING D/B/A EFOAQ.COM; HUA SHUNG HU D/B/A FINYP.COM; HYDROASK.COM; HYDROEFLASK.COM; HYDROFLASKC.COM; HYDROFLASKCUP.COM; HYDROFLASKCUPS.COM; HYDROFLASKDEAL.COM; HYDROFLASKDEALS.COM; HYDROFLASKI.COM; HYDROFLASKOFFICIAL.COM; HYDROFLASKSALE.COM; HYDROFLASKSALES.COM; HYDROFLASKSELL.COM; HYDROFLASKSHOPUS.COM; HYDROFLASKSTORE.COM; HYDROFLASKTUMBLER.COM; HYDROFLASKUS.COM; HYDROFLSAK.COM; HYDROOFLASK.COM; HYDROSFLASK.COM; IEKASHOP.COM; CUPSDEAL.COM; JIMMY LI (D/B/A CUPSTOREONLINE.COM, FLASKHYDRO.COM, FLASK- HYDRO.COM, FLASK-HYDRO- FLASK.COM, HYDROCUPFLASK.COM, HYDROFLASK-BOTTLES.COM, HYDRO- FLASK-BOTTLES.COM, HYDROFLASKBOTTLES.STORE, HYDROFLASK-CUP.COM, HYDROFLASKHYDRATION.COM, HYDROFLASK-OFFICIAL.COM, HYDROFLASKOFFICIALSTORE.COM); JINKUN CHEN D/B/A JACKETGOOSE.COM; KEAOUTLET.COM; LI CHAOQUN (D/B/A HYDROFLASK.BIZ, HYDROFLASKCHEAP.COM, HYDROFLASKCOFFEE.COM. HYDRO- FLASK-CUP.COM, HYDROFLASKFORSALE.COM, HYDRO- FLASK-SHOP.COM, HYDRO-FLASK- STORE.COM, HYDROFLASKTUMBLERS.COM, XHYDROFLASK.COM); LIFEIDA ELECTRONIC BUSSINESS CO., LTD; MEILIAN LLC; MIERFITNESS.COM; NANCHANG LANJUNDE INDUSTRIA CO.; OFFICIALCUPSTORE.COM; OFFICIALHYDROFLASK.COM
Causes: Trademark Infringement, Counterfeiting, False Designation of Origin, Federal Unfair Competition, Violation of the Anticybersquatting Consumer Protection Act
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Motion for Temporary Restraining Order and Preliminary Injunction:

 

THERAPIA v. THERAPYDIA…are you confused?

29 Tuesday May 2018

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

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The plaintiff in this trademark lawsuit has been using the unregistered THERAPIA trademark for 7 years in connection with alternative medical services such as acupuncture, chiropractic therapy, massage, fertility consultation and treatment, and herbal medicine. Therapia operates in Portland, Oregon and promotes its services via its website, http://www.therapiaclinic.com.

The defendant, Therapydia Inc., is a national network of physical therapy and wellness clinics. Therapydia has locations in Portland, Beaverton, and Lake Oswego. Therapydia provides traditional (vs. alternative) medical services.

The Plaintiff first learned of Therapydia in mid-2016, and alleges instances of actual confusion beginning in January 2018, “with many patients calling Therapia to schedule appointments with Therapydia and consumers mistaking Therapydia advertisements for Therapia advertisements.”

This trademark case should be interesting. Stay tuned for updates.

Therapia P.C. v. Therapydia, Inc.

Court Case Number: 3:18-cv-909
File Date: May 24, 2018
Plaintiff: Therapia, P.C.
Plaintiff Counsel: Elizabeth Tedesco Milesnick, Andrea Selkregg of IDEALEGAL
Defendant: Therapydia, Inc.
Causes: Federal Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

 

Unauthorized UtilitySport® Trailers Allegedly Sold in Oregon

13 Wednesday Sep 2017

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

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This lawsuit arises out of the manufacture, importation, offer for sale, sale, and distribution in the United States of unauthorized copies of UtilitySport® trailers by the Defendants.

The Plaintiff is a utility trailer kit manufacturer located in Grants Pass, Oregon. It owns federal trademark registrations for UtilityMate® and UtilitySport®.

In 2011, Plaintiff entered into a contract with the Defendants for the manufacture of trailers. The Defendants are now accused of manufacturing and selling trailers based on Plaintiff’s designs and using Plaintiff’s trademarks without permission and without compensating Plaintiff.

Trailers Intl LLC et al v. STC International (Shanghai) Co. Ltd. et al.

Court Case Number: 3:17-cv-01432-SI
File Date: Monday, September 11, 2017
Plaintiff: Trailers Intl LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus of Joncus Law LLC
Defendant: STC International (Shanghai) Co. Ltd., Rockford Commercial Warehouse, Inc., Power Equipment Direct Inc.
Cause: Copyright Infringement, Trademark Infringement, Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Portland Home Show involved in trademark dispute

24 Wednesday May 2017

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

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This lawsuit involves alleged infringement of the PORTLAND HOME SHOW and PORTLAND HOME & GARDEN SHOW trademarks.

According to the Complaint, Defendant’s business model is “to travel to a location with an established and successful home show and produce a similarly named show several weeks in advance of the established show.”

The dispute originated way back in November 1999, so there’s history between the parties.

Stay tuned for updates.

PHGS, LLC, v. L&L Exhibition Management, Inc.

Court Case Number: 3:17-cv-00795-SI
File Date: Monday, May 22, 2017
Plaintiff: PHGS, LLC
Plaintiff Counsel: J. Peter Staples, Jack R. Scholz of Chernoff Vilhauer LLP
Defendant: L&L Exhibition Management, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Oregon State Trademark Infringement, Common Law Trademark Infringement
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Wholesale Garden Supply Manufacturer Sues Competitor for Trademark Infringement, Unlawful Trade Practices

22 Tuesday Nov 2016

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

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Plaintiff Sunlight Supply, Inc., based in Vancouver, Washington, sells products for indoor, hydroponic, organic and greenhouse gardening. Plaintiff is a wholesale-only business, selling its products exclusively through authorized retail dealers.

Defendant has allegedly violated Plaintiff’s trademarks rights in its TITAN, GROW WITH US and WHEN YOU’RE GARDENING WITH THE GODS, THING JUST GROW BETTER! registered trademarks.

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Sunlight Supply, Inc. v. Cirrus Systems, Inc.

Court Case Number: 3:16-cv-02201
File Date: Monday, November 21, 2016
Plaintiff: Sunlight Supply, Inc.
Plaintiff Counsel: David P. Cooper, Owen W. Dukelow, Desmond J. Kidney of Kolisch Hartwell, P.C.
Defendant: Cirrus Systems, Inc.
Cause: Federal Trademark Infringement, Unlawful Business, Trade Practices
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Endeavour Capital files trademark lawsuit against mining fund

17 Monday Oct 2016

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

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Plaintiff seeks to protect its registered ENDEAVOUR and ENDEAVOUR CAPITAL trademarks (used in connection with investment services) from Defendant’s use of the name “Endeavor Capital Mining Fund.”

DVSM, L.L.C. v. Endeavour Capital Mining Fund L.P.

Court Case Number: 3:16-cv-01985-SI
File Date: Thursday, October 14, 2016
Plaintiff: DVSM, L.L.C.
Plaintiff Counsel: Jon P. Stride, Eric Beach of Tonkon Torp LLC
Defendant: Endeavour Capital Mining Fund L.P.
Cause: Trademark Infringement
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

adidas sues Ecco over “Three-Stripe” Trademark

25 Monday Apr 2016

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

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The adidas “Three-Stripe” crusade continues, this time against Ecco Shoes.

Screen Shot 2016-04-25 at 7.48.57 AMClick the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America, Inc. et al v. ECCO USA, Inc. et al

Court Case Number: 3:2016-cv-00684
File Date: Wednesday, April 20, 2016
Plaintiff: adidas America, Inc., adidas AG
Plaintiff Counsel: Daniel P. Larsen of Ater Wynne LLP
Defendant: Ecco USA, Inc., Ecco SKO A/S
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Virtual Concierge App Concierge ToGo involved in trademark lawsuit against Conciergo

28 Monday Mar 2016

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

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In addition to using an allegedly confusingly similar trademark (Plaintiff’s “Concierge ToGo®” vs. Defendant’s “Conciergo“), Defendant is also alleged to have passed itself off to one of Plaintiff’s hotel clients as having an affiliation with Plaintiff.

Both parties provide virtual concierge services, allowing hotel guests to tour their hotel, discover hotel amenities, contact guest services, and obtain information on local attractions and restaurants.

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S&B Associates, Inc. v. Guest Impressions, Inc.

Court Case Number:3:16-cv-00519
File Date: Friday, March 25, 2016
Plaintiff: S&B Associates. Inc. d/b/a HospitalityVision
Plaintiff Counsel: Scott D. Eads of Schwabe, Williamson & Wyatt, P.C.
Defendant: Guest Impressions, Inc.
Cause: Federal Trademark Infringement, Unlawful Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Oregon Trademark Litigation Update – adidas America v. TRB Acquisitions

12 Thursday Nov 2015

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

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This adidas lawsuit involves its triangular “Badge of Sport Mark” and “RBK” trademarks. The alleged infringer is a New York-based company and its products are allegedly sold side-by-side with adidas products in retail stores. The Complaint shows a photograph allegedly taken at TJ Maxx.

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adidas America Inc. et al v. TRB Acquisitions LLC

Court Case Number: 3:15-cv-02113
File Date: Tuesday, November 10, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V., Reebok International Ltd.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: TRB Acquisitions LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition, State Trademark Dilution, Injury to Business Reputation
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

Oregon Trademark Litigation Update – adidas America v. Cougar Sport

07 Wednesday Oct 2015

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

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adidas is back with more “Three-Stripe” litigation, this time against Cougar Sport, a New York-based clothing company selling apparel with four stripes (2 light, 2 dark). adidas has a history of attempting to expand its “Three-Stripe” trademark rights beyond, well, just three stripes. Three can also mean 2 stripes and, if adidas has its way here, 4 stripes.

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The Three-Stripe mark is so famous and distinctive, as adidas frequently reminds us in its Complaint, there must certainly be an argument made that consumers would immediately recognize that 2 and 4-stripe apparel are obviously NOT adidas products.

Earlier this year, fashion designer Marc Jacobs was set to test adidas’ rights to “four stripes,” but adidas voluntarily dismissed the lawsuit shortly after filing the Complaint. Perhaps Cougar Sport should hire Marc Jacobs’ attorneys…

adidas America Inc. et al v. Cougar Sport Inc.

Court Case Number: 3:15-cv-01856-SI
File Date: Wednesday, September 30, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Cougar Sport Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution
Court: District of Oregon
Judge: Judge Michael H. Simon

Complaint: