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Tag Archives: Oregon Unfair Trade Practices Act

prAna vs. apana…are you confused?

12 Thursday Jul 2018

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

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Tags

Common Law False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Oregon Unfair Trade Practices Act, Unfair Trade Practices, Unjust Enrichment, Yoga, Youlee Yim You

The Plaintiff in this trademark lawsuit sells “sustainable clothing for yoga, travel, and outdoor adventure enthusiasts” using the PRANA word mark and logo. The PRANA trademark has been used since as early as 1992, and even this non-yogi is aware of the well-known brand.

The Defendants are accused of selling yoga apparel under the confusingly similar name “apana,” coupled with a logo that Plaintiff feels is confusingly similar to prAna’s distinctive logo design.

Here are the trademarks…you be the judge:

Of course, we’re dealing with yoga, so the Complaint was bound to get a little weird:

“Like “prana,” “apana” is also well-known to those who practice yoga, and is closely related as the balancing vayu to the prana-vayu. It is situated in the pelvic floor, and reflects energy that moves downwards and outwards.” “prana and apana are opposing, yet balanced forces. Where ‘prana’ regulates the intake of particles and energy, ‘apana’ is responsible for the elimination of the unabsorbed residues.” Assuming regular yoga folks know all this, wouldn’t that be an argument against confusion?

What do you think…are the trademarks confusingly similar? Sound off in the comments below and stay tuned for updates. This one could get interesting.

prAna Living, LLC v. IFG Corp. et al.

Court Case Number: 3:18-cv-01174-YY
File Date: Monday, July 2, 2018
Plaintiff: prAna Living, LLC
Plaintiff Counsel: Nicolas F. Aldrich, Angela E. Addae of Schwabe, Williamson & Wyatt, P.C.
Defendant: IFG Corp., Adjmi Apparel Group LLC
Causes: Federal Trademark Infringement, False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law False Advertising, Common Law Unfair Competition, Unfair Trade Practices, Unjust Enrichment
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

View this document on Scribd

Oregon Trademark Litigation Update – AXTS v. Arms Unlimited

27 Wednesday Nov 2013

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

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Tags

Ann L. Aiken, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Oregon Unfair Trade Practices Act, Trademark Counterfeiting, Trademark Infringement, Unfair Competition

Plaintiff AXTS is an Oregon corporation based in Salem, Oregon. AXTS designs, manufactures, and sells firearm accessories, including the RAPTOR charging handle at issue in this litigation. Plaintiff Rainer Arms is a Washington-based company that co-brands the RAPTOR charging handle.

Defendant Arms Unlimited has allegedly sold counterfeit RAPTOR charging handles on eBay, Amazon and its own website. This lawsuit was brought against Arms Unlimited and its individual owners.

Stay tuned for updates.

FYI, a charging handle (see image below) is a device on a firearm which, when operated, results in the hammer or striker being cocked or moved to the ready position. The devices can vary significantly between firearms.

Charging Handle

AXTS Inc. et al v. Arms Unlimited Inc. et al

Court Case Number: 6:13-cv-02100-AA
File Date: Tuesday, November 26, 2013
Plaintiff: AXTS Inc., Rainier Arms, LLC
Plaintiff Counsel: Jon P. Stride, David M. Weiler of Tonkon Torp LLP
Defendant: Arms Unlimited Inc., Daniel Shamie, Josh Salama
Cause: Trademark Infringement, Trademark Counterfeiting, Unfair Competition, False Designation of Origin, Oregon Unfair Trade Practices Act, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

View this document on Scribd

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