11 Friday Apr 2014
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon
Court Case Number: 3:14-cv-00598-PK
File Date: Thursday, April 10, 2014
Plaintiff: Digital Sound Co., Stars for Art Productions FZ LLC
Plaintiff Counsel: Christopher H. Kent, Leslie S. Johnson of Kent & Johnson LLP
Defendant: Audio and Video Labs, Inc., Martin Berz Group, Does 1-10
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Paul Papak
10 Monday Mar 2014
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trade Dress
Tags
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
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.
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:
Memorandum in Support of Temporary Restraining Order and Expedited Discovery:
Memorandum in Opposition to Temporary Restraining Order:
07 Tuesday May 2013
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Breach of Contract, Declaratory Relief, Litigation Update, Paul Papak, Trademark Infringement, Unfair Competition
Despite the termination of a distributorship license, Defendant allegedly continues to market itself as the exclusive United States importer and distributor of Netherlands-based Technivorm’s Moccamaster coffee makers on the internet. This case was transferred from the Northern District of Illinois.
Court Case Number: 3:13-cv-00762-PK
File Date: Monday, May 06, 2013
Plaintiff: Technivorm, B.V.
Plaintiff Counsel: Todd Alan Holleman of Miller, Canfield, Paddock And Stone, PLC
Defendant: Boyd Coffee Company, Boyd Coffee Distribution Company
Cause: Trademark Infringement, Breach of Conract, Unfair Competition, Declaratory Relief
Court: Oregon District Court
Judge: Magistrate Judge Paul Papak
18 Friday May 2012
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Anti-Cybersquatting Protection Act, Computer Fraud and Abuse Act, Defamation, Intentional Interference with Economic Relations, Paul Papak, Trademark Infringement
Court Case Number: 3:12-cv-00887-PK
File Date: Thursday, May 17, 2012
Plaintiff: Peace for Paul Foundation, Inc.
Plaintiff Counsel: David L. Silverman – Attorney at Law
Defendant: Mr. Andrew Young
Cause: Computer Fraud and Abuse Act, Anti-Cybersquatting Protection Act, Trademark Infringement, Defamation, Intentional Interference with Economic Relations
Court: Oregon District Court
Judge: Magistrate Judge Paul Papak
16 Wednesday May 2012
Posted in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark
Tags
Common Law Trademark Infringement, Dennis J. Hubel, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Injury to Business Reputation, Paul Papak, State Trademark Dilution, Unfair and Deceptive Trade Practices, Unfair Competition
Court Case Number: 3:12-cv-00859-PK
File Date: Tuesday, May 15, 2012
Plaintiff: Adidas America, Inc, adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: World Industries, Inc., Big 5 Sporting Goods Corporation
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement, Unfair Competition, Federal Trademark Dilution, State Trademark Dilution, Injury to Business Reputation
Court: Oregon District Court
Judge: Magistrate Judge Dennis J. Hubel, Magistrate Judge Paul Papak
04 Friday Nov 2011
Posted in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Portland
Tags
Copyright Infringement, Copyright Misattribution, DMCA Violation, Kurt M. Rylander, Mark E. Beatty, Paul Papak, Photography, Unfair Trade Practices
Plaintiff, a Portland-based photographer, alleges that cosmetic giant Estee Lauder used one of his images (DRIPPING BLACK…see below) without authorization on magazine covers and in connection with in-store campaigns.
Can you spot Daniel Hoyt’s image in the MAC ad below?
Court Case Number: 3:11-cv-01321-PK
File Date: Thursday, November 03, 2011
Plaintiff: Danger Ninja Productions, Daniel Hoyt
Plaintiff Counsel: Kurt M. Rylander, Mark E. Beatty of Rylander & Associates PC
Defendant: Estee Lauder Companies, Inc.
Make-Up Art Cosmetics, Inc.
M.A.C. Cosmetics, Inc.
Cause: Copyright Infringement, Copyright Misattribution, DMCA Violation, Unfair Trade Practices
Court: District Court of Oregon
Judge: Magistrate Judge Paul Papak
Related story: Evelyn Lauder dead at 75
Oregon Intellectual Property Blog 