Tags
False Designation of Origin, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Paul Papak
Plaintiff Pacific Fence & Wire Company, an Oregon corporation based in Clackamas, Oregon, has used its PACIFIC trademark in connection with fences, fencing materials, and fencing services since as early as 1921.
Plaintiff brings this action because the Defendants are allegedly willfully infringing Plaintiff’s PACIFIC trademark by using the trademark PACIFIC NW FENCE & DECK to advertise and provide fencing services and by using the domain name pacificnwfenceanddeck.com.
Defendants apparently agreed to discontinue use of their trademark in 2016, temporarily stopped use in 2017-2018, but have since revived their use of the allegedly infringing trademark, hence this lawsuit.
Stay tuned for updates.
Pacific Fence and Wire Company v. M&M Pacific NW Contracting LLC et al.
Court Case Number: 3:18-cv-01106-PK
File Date: Monday, June 25, 2018
Plaintiff: Pacific Fence and Wire Company
Plaintiff Counsel: Owen W. Dukelow, David P. Cooper of Kolisch Hartwell, P.C.
Defendant: M&M Pacific NW Contracting LLC, Mike Wormington, Melissa K. Garris
Causes: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Dilution
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.