For over 27 years, Plaintiff has created orthodontic marketing and patient education materials. Among their creations are two pamphlets titled Orthodontic Brushing and Flossing Procedures and Smiles with Style. Both pamphlets are registered with the U.S. Copyright Office.
The Defendant is accused of making and distributing digital versions of Plaintiff’s pamphlets on websites it created for orthodontists. Cease and desist letters were sent by Plaintiff’s counsel without a reply, hence this lawsuit.
OREC Professional Marketing Systems, Inc. v. Sesame Communications, Inc.
Court Case Number: 3:17-cv-00713-PK
File Date: Monday, May 8, 2017
Plaintiff: OREC Professional Marketing Systems, Inc.
Plaintiff Counsel: Nathan C. Brunette of Stoel Rives LLP
Defendant: Sesame Communications, Inc.
Cause: Copyright Infringement
Court: District of Oregon
Judge: Paul Papak
Complaint:
Defendant Kraff’s is a retailer operating a clothing store that markets and sells apparel, blankets, and related products in Toppenish, Washington. From approximately 1941 until 2006, Kraff’s was a wholesale customer of Plaintiff. Kraff’s has allegedly continued to purchase product from a Doe defendant after termination of their sales contract with Plaintiff, thus making them an unauthorized reseller of Plaintiff’s goods. Plaintiff brings this lawsuit with numerous copyright claims based on their distinctive designs and trademark claims based on the unauthorized use of their company name.