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Tag Archives: Misappropriation of Trade Secrets

Bio-energy facility accused of stealing and modifying software written in “German-lish” relic code

01 Friday Jul 2016

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

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Ann L. Aiken, Breach of Contract, Breach of Duty of Good Faith and Fair Dealing, Circumvention of Copyright Protection Systems, Computer Fraud and Abuse Act, Conversion, Copyright Infringement of the Software Program and Design Documents, Misappropriation of Trade Secrets, Quantum Meruit

The Plaintiff is an Austrian bank enforcing the claims of an insolvent Austrian company, Entec, that designed and built a bio-energy facility in Junction City, Oregon. Successful operation of the facility relied on some proprietary software, which in turn required a paid license. This dispute arises out of, among other things, the facility’s failure to pay the license fee. There is also an allegation that the software was illegally accessed and modified, perhaps to make the software operate with payment or to make it more functional.

The Defendants, the facility and a consultant firm, are accused of failure to pay for the installation of a software program, making unauthorized modifications to the software program, and ongoing use of the software program without a paid license.

The software code is described in the Exhibits as “written in German-lish [sic] and in a manner to intentionally create dependency and with a multitude of relic code.”

Screen Shot 2016-07-01 at 8.38.36 AM

Sparkasse Bregenz Bank, AG v. JC-Biomethane, LLC et al

Court Case Number: 6:16-cv-01199-AA
File Date: Thursday, June 23, 2016
Plaintiff: Sparkasse Bregenz Bank, AG
Plaintiff Counsel: Darien S. Loiselle, Stephanie Holberg of Schwabe, Williamson & Wyatt, P.C.
Defendant: JC-Biomethane, LLC; Essential Consulting Oregon LLC; Dean Foor
Cause: Copyright Infringement of the Software Program and Design Documents, Circumvention of Copyright Protection Systems, Computer Fraud and Abuse Act, Misappropriation of Trade Secrets, Conversion, Breach of Contract, Quantum Meruit, Breach of Duty of Good Faith and Fair Dealing
Court: District of Oregon
Judge: Ann L. Aiken

Complaint:

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Exhibits:

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Oregon Trademark Litigation Update – Trailers International LLC v. Xiaofei Yang

05 Tuesday May 2015

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trade Secret, Trademark

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Conversion, Copyright Infringement, False Designation of Origin, Michael H. Simon, Misappropriation of Trade Secrets, Trademark Counterfeiting, Trademark Infringement, Unfair Business Practices, Unfair Competition

Vince Webb and his company, Trailers International (formerly UtilityMate), previously filed suit against Zhuhai Sharp-Group Enterprise Co. Ltd. (aka Jumbo Tools & Equipment), a Chinese trading company, for manufacturing counterfeits of its UtilityMate® and UtilitySport® trailers. Jumbo was, at one time, authorized to manufacture trailers for Webb’s company but now it is alleged that Jumbo is making and distributing counterfeits, primarily through Altocraft USA, Inc. Now, Webb is filing suit against XiaoFei Yang, president and CEO of Jumbo.

Trailers International LLC et al v. XiaoFei Yang

Court Case Number: 3:15-cv-00767-SI
File Date: Monday, May 04, 2015
Plaintiff: Trailers International LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus and Xavier A. Clark of Klarquist Sparkman LLP
Defendant:XiaoFei Yang
Cause: Copyright Infringement, Trademark Infringement, Trademark Counterfeiting, False Designation of Origin, Unfair Competition (Passing Off), Unfair Business Practices, Conversion, Trade Secret Misappropriation
Court: District of Oregon
Judge: Judge Michael H. Simon

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Oregon Trade Dress Litigation Update – Carbon Audio v. Monster

10 Monday Mar 2014

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trade Dress

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Civil Conspiracy, Common Law Conversion, Litigation Update, Misappropriation of Trade Secrets, Misrepresentation, Paul Papak, State Unlawful Trade Practices, Temporary Restraining Order, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, Trade Dress Infringement, Unjust Enrichment

Plaintiff Carbon Audio d/b/a Boomphones, a Portland-based technology company, alleges that California-based competitor Monster Inc. has created a knock-off of Plaintiff’s “Pocket Speaker” product. Monster’s “Superstar” speaker is claimed to have the same internal and external configuration, as well as copying the distinctive and proprietary sounds of Plaintiff’s product.

Image from Complaint

Image from Complaint

Monster’s Superstar speaker is set to go on sale on March 14 and has allegedly already led to instances of consumer confusion, so Plaintiff has filed a Motion for Temporary Restraining Order (see Memorandum below). Monster has already filed its Memorandum in Opposition to the Temporary Restraining Order.

This lawsuit is moving fast out of the gates so stay tuned for updates.

Carbon Audio LLC et al v. Monster, Inc.

Court Case Number: 3:14-cv-00332-PK
File Date: Wednesday, February 26, 2014
Plaintiff: Carbon Audio LLC, Headbox, LLC
Plaintiff Counsel: Stephanie E.L. McCleary, B. John Casey of K & L Gates LLP
Defendant: Monster, Inc.
Cause: Trade Dress Infringement, Misrepresentation, Misappropriation of Trade Secrets, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, State Unlawful Trade Practices, Civil Conspiracy, Common Law Conversion, Unjust Enrichment
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

Complaint:

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Memorandum in Support of Temporary Restraining Order and Expedited Discovery:

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Memorandum in Opposition to Temporary Restraining Order:

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Oregon Trademark Litigation Update – Idylwilde v. Umpqua Feather Merchants

13 Wednesday Nov 2013

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trade Dress, Trademark

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Breach of Fiduciary Duty, Common Law Trademark Infringement, Common Law Unfair Competition, Conversion, Federal False Designation of Origin, Federal Unfair Competition, Intentional Interference with Contracts and Prospective Economic Advantage, Litigation Update, Marco A. Hernandez, Misappropriation of Trade Secrets, Trade Dress Infringement, Trademark and Trade Dress Dilution, Unjust Enrichment

Portland-based Idylwilde designs, manufactures, markets, brands, and sells flies for the global fly fishing industry. According to the Complaint, “Idylwilde sells to a very sophisticated buyer of flies where the stylized portrayal of insect species, sex, and maturity level of the hatch make a difference the customer is willing to pay for based on the fly designer’s style.”

The Complaint is long but it has a little bit of everything so it’s worth a read. This will be an interesting case to monitor.

Idylwilde, Inc. et al v. Umpqua Feather Merchants, LLC et al

Court Case Number: 3:13-cv-02009-HZ
File Date: Tuesday, November 12, 2013
Plaintiff: Idylwilde, Inc., Zach Mertens
Plaintiff Counsel: Katherine R. Heekin of The Heekin Law Firm
Defendant: Umpqua Feather Merchants, LLC, Mirabel, Inc., Bien Tan, Does 1 through 10, Inclusive
Cause: Trade Dress Infringement, Federal False Designation of Origin, and Unfair Competition, Trademark and Trade Dress Dilution, Common Law Trademark Infringement, Misappropriation of Trade Secrets, Intentional Interference with Contracts and Prospective Economic Advantage, Breach of Fiduciary Duty, Conversion, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

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Oregon Copyright Litigation Update – EasyPower v. Operation Technology

22 Thursday Aug 2013

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Trade Secret

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Copyright Infringement, John Jelderks, Litigation Update, Misappropriation of Trade Secrets, Software

EasyPower, LLC v. Operation Technology, Inc.

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

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Oregon Trademark Litigation Update – Repar Corporation v. Willowood USA

25 Tuesday Jun 2013

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trade Secret, Trademark

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Ann L. Aiken, Breach of Express Contract, Breach of Implied-in-Fact Contract, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Infringement, Federal Unfair Competition, Misappropriation of Trade Secrets, Quasi-Contract/Unjust Enrichment

Here’s an interesting case…breach of a noncompete, trade secrets, trademark infringement, pesticides and even the EPA.

Court Case Number: 6:13-cv-01043-AA
File Date: Thursday, June 20, 2013
Plaintiff: Repar Corporation
Plaintiff Counsel: Jeff S. Pitzer, Bryan S. Geon of Pitzer Law
Defendant: Willowood USA, LLC, Brian Heinze
Cause: Breach of Express Contract, Breach of Implied-in-Fact Contract, Quasi-Contract/Unjust Enrichment, Misappropriation of Trade Secrets, Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement and Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

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