Tag Archives: Michael J. McShane

Actual consumer confusion alleged in lawsuit over WESTCARE trademark

07 Monday May 2018

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

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The plaintiff in this lawsuit, Westcare, is a Salem, Oregon-based provider of management services to long-term care facilities. Plaintiff claims to have used their “Westcare” mark since 1987. Plaintiff obtained a federal trademark registration in October 2017.

The defendant, Westcare Foundation, is a Nevada non-profit corporation that operates long-term and short-term care facilities, including a veterans’ facility in Salem, Oregon.

The defendant allegedly first began operating in Oregon in June 2012. Plaintiff became aware of the defendant’s Oregon facility in June 2016, and asserts numerous instances of actual consumer confusion.

Plaintiff sent a series of letters requesting that defendant adopt a DBA, with no success, hence this lawsuit. Stay tuned for updates.

Westcare Management, Inc. v. Westcare Foundation, Inc.

Court Case Number: 6:18-cv-00764-MC
File Date: Thursday, May 3, 2018
Plaintiff: Westcare Management, Inc.
Plaintiff Counsel: Randall P. Sutton of Saalfeld Griggs PC
Defendant: Westcare Foundation, Inc.
Causes: Unfair Competition, State Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

Lawsuit filed over use of DRAGON’S BREATH trademark in connection with electronic cigarettes

21 Monday Aug 2017

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

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Since 2012, the Plaintiff, based in Medford, Oregon, has sold “chemical flavorings in liquid form to be used in electronic cigarette cartridges” using the registered DRAGON’S BREATH trademark.

The Defendant, a Kentucky limited liability company, sells an e-liquid product also using a DRAGON’s BREATH trademark.

Cease-and-desist communications from Plaintiff were unsuccessful, hence this trademark lawsuit. Stay tuned for updates.

ECBlend LLC v. The Mad Alchemist Elixirs & Potions LLC

Court Case Number: 1:17-cv-01273-MC
File Date: Wednesday, August 16, 2017
Plaintiff: ECBLend LLC
Plaintiff Counsel: James M. Blake, Willard L. Ransom of Sorenson, Ransom, Ferguson, Clyde, LLP
Defendant: The Mad Alchemist Elixirs & Potions LLC
Cause: Trademark Infringement
Court: District of Oregon
Judge: Michael J. McShane

Complaint: 

Flea Product Manufacturer sued over Unauthorized Use of Certification Mark

04 Tuesday Oct 2016

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

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Plaintiff uses the certification mark OMRI in connection with its independent review of materials and processes to determine their suitability for producing, processing and handling organic food and fiber.

screen-shot-2016-10-04-at-10-15-45-amThe Defendants unsuccessfully applied to Plaintiff for use of the certification mark in connection with a product called “Flea Away DE.” Despite a refusal by Plaintiff, the Defendants used Plaintiff’s certification mark on their product.

Failure by Defendant to comply with numerous cease-and-desist communications prompted this lawsuit. Stay tuned for updates.

screen-shot-2016-10-04-at-10-21-57-am

Organic Materials Review Institute v. Flea Away, Inc. et al

Court Case Number: 6:16-cv-01931-MC
File Date: Monday, October 3, 2016
Plaintiff: Organic Material Review Institute
Plaintiff Counsel: Frank C. Gibson of Hutchinson Cox
Defendant: Flea Away, Inc., Simon Bowles, Lilian Bowles
Cause: Trademark Infringement
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

flea-away-de

Sewing patterns lead to copyright lawsuit; functionality doctrine invoked?

06 Wednesday Jul 2016

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

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This copyright lawsuit arises from the alleged infringement of sewing patterns. The Plaintiff, based in Eugene, Oregon, has sold sewing patterns since 1982. The Defendants, based in Georgia, are an online competitor allegedly selling unauthorized copies of the Plaintiff’s patterns.

Note that clothing design is usually held to be functional, and thus does not qualify for copyright protection. However, this lawsuit involves the patterns (drawings) themselves, not the clothing design shown therein.

Copyright in a work that portrays a useful article extends only to the artistic expression of the author of the pictorial, graphic, or sculptural work. It does not extend to the design of the article that is portrayed. – Copyright.gov

I think there can still be an argument made that the sewing patterns do not qualify for protection under 102(b), that they are an illustrated procedure or process for making a dress.

17 U.S. Code § 102 (b)

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Judge for yourself in the Complaint (below) but many of the drawings have little ornamental design elements beyond the utilitarian, and thus unprotectable, functionality required to accurately and adequately show someone how to make the dress.

Screen Shot 2016-07-06 at 9.35.57 AM

Stay tuned for updates.

Screen Shot 2016-07-06 at 9.08.48 AM

Ranita Corporation v. Beamer et al

Court Case Number: 6:16-cv-01368-MC
File Date: Tuesday, July 5, 2016
Plaintiff: Ranita Corporation d/b/a Sure-Fit Designs
Plaintiff Counsel: Jacob S. Gill of Stoll Stoll Berne Lokting & Shlachter P.C.
Defendant: Oticca Beamer, Fit & Fashion LLC, Beamer & Associates d/b/a Fit & Fashion
Cause: Copyright Infringement, Vicarious Copyright Infringement, Contributory Copyright Infringement
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

Chinese Scientist Accused of Misappropriating Cow Feed Technology

17 Wednesday Feb 2016

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

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OmniGen Research, LLC et al v. Wang et al

Court Case Number: 6:2016-cv-00268
File Date: Monday, February 15, 2016
Plaintiff: Omnigen Research, LLC, Prince Agri Products, Inc.
Plaintiff Counsel: Klaus H. Hamm, Scott E. Davis of Klarquist Sparkman, LLP
Defendant: YongQiang Wang, Yan Zheng, Bioshen
Cause: Breach of Contract, Intentional Interference with Economic Relations, Trade Secret Misappropriation, Copyright Infringement, False Advertising, Breach of Fiduciary Duty
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

July Download Cases

01 Saturday Aug 2015

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

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The Court continued to be mired in BitTorrent download cases in July, which accounted for 23 of the 25 copyright/trademark complaints filed in Oregon.

Here are the download complaints filed in Oregon in July 2015:

Court Case Number: 3:15-cv-01231-ST
File Date: Thursday, July 02, 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-01233-ST
File Date: Thursday, July 02, 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-01283
File Date: Friday, July 10, 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-01285
File Date: Friday, July 10, 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-01286
File Date: Friday, July 10, 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-01287
File Date: Friday, July 10, 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-01288
File Date: Friday, July 10, 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-01302-AA
File Date: Monday, July 13, 2015
Plaintiff: Survivor Productions Inc.
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: 6:15-cv-01303-AA
File Date: Monday, July 13, 2015
Plaintiff: Survivor Productions Inc.
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-01327
File Date: Friday, July 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-01332-SB
File Date: Friday, July 17, 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: 6:15-cv-01330-AA
File Date: Friday, July 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: 6:15-cv-01331-AA
File Date: Friday, July 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: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01386-ST
File Date: Friday, July 24, 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: 6:15-cv-01384-TC
File Date: Friday, July 24, 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 Thomas M. Coffin

Court Case Number: 6:15-cv-01385-TC
File Date: Friday, July 24, 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 Thomas M. Coffin

Court Case Number: 6:15-cv-01387-MC
File Date: Friday, July 24, 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: Judge Michael J. McShane

Court Case Number: 6:15-cv-01388-AA
File Date: Friday, July 24, 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

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

Voltage Pictures Files Five More Dallas Buyers Club Lawsuits Against Individual Does

03 Wednesday Sep 2014

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

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

Court Case Number: 6:14-cv-01405-MC
File Date: Monday, September 01, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe – 50.186.3.248
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Judge Michael J. McShane

Court Case Number: 6:14-cv-01406-AA
File Date: Monday, September 01, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe – 24.22.71.110
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:14-cv-01407
File Date: Monday, September 01, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe – 67.189.16.171
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 6:14-cv-01408-TC
File Date: Monday, September 01, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe – 98.232.236.10
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 3:14-cv-01409
File Date: Monday, September 01, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe – 74.92.171.141
Cause: Copyright Infringement, Indirect Infringement, State Trademark
Court: District of Oregon
Judge: John V. Acosta

Representative Complaint:

Oregon Copyright Litigation Update – Pacific Wood Ventures v. Abby Ghiassy et al

30 Monday Jun 2014

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

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Plaintiff, based in Bend, Oregon, alleges that Defendant, based in Corvallis, Oregon, is using renderings and text from Plaintiff’s website on Defendant’s website without authorization.

Pacific Wood Ventures LLC v. Abby Ghiassy et al

Court Case Number: 6:14-cv-01029-MC
File Date: Thursday, June 26, 2014
Plaintiff: Pacific Wood Ventures LLC
Plaintiff Counsel: Leonard D. DuBoff of The DuBoff Law Group PC
Defendant: Abby Ghiassy, Genesis Marketing LLC
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael J. McShane

Oregon Art Litigation Update – Independence Collection v. Tala Madani

13 Tuesday Aug 2013

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

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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.

Independence Collection, LLC v. Tala Madani

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: