Tag Archives: State Trademark Infringement

Insurer sues for infringement of RED SHIELD trademark

02 Monday Jul 2018

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

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Plaintiff has offered insurance under the trademark RED SHIELD since 1979.

The Defendant, previously known as Red Auto Administration Inc. apparently switched its name to Red Shield Administration in 2018, using a RED SHIELD trademark in connection with service contracts/vehicle “protection plans.”

Plaintiff alleges some fairly significant instances of consumer confusion, including a litigation threat from an attorney and a complaint from the State of California Department of Insurance

Red Shield Insurance Company v. Red Shield Administration, Inc.

Court Case Number: 3:18-cv-01159-AC
File Date: Friday,June 29, 2018
Plaintiff: Red Shield Insurance Company
Plaintiff Counsel: Kevin M. Hayes, Jeffrey S. Love of Klarquist Sparkman, LLP
Defendant: Red Shield Administration, Inc.
Causes: Federal Trademark Infringement, Federal Unfair Competition, Oregon State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta

Complaint:

Yarn company sues to enforce Twisted trademark

27 Monday Jun 2016

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

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The Plaintiff, based in Portland, Oregon, sells knitting, crochet, spinning, and weaving supplies using the trade name Twisted.

In April 2016, the Plaintiff learned that Defendants, a competitor based in Chelan, Washington, had recently changed their name from “Warehouse Woolery” to “Twisted Fine Yarn & Wool”. The Complaint (below) references several actual instances of confusion.

On June 9, 2016, after receiving Plaintiff’s letters, which put Defendants on notice of Plaintiff’s TWISTED marks and claim of infringement, Defendants filed a federal trademark application for TWISTED FINE YARN & WOOL. That action, unsurprisingly, prompted this trademark lawsuit and likely a trademark opposition. Stay tuned for updates.Screen Shot 2016-06-27 at 6.08.23 PM

Twisted LLC v. 3ZS LLC et al

Court Case Number: 3:16-cv-01259-BR
File Date: Friday, June 24, 2016
Plaintiff: Twisted, LLC
Plaintiff Counsel: Parna A. Mehrbani of Lane Powell PC
Defendant: 3ZS, LLC d/b/a Twisted Fine Yarn & Wool, Sandi Sandum
Cause: Federal Trademark Infringement, Unfair Competition, Oregon, State Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Anna J. Brown

Complaint:

Voltage Pictures Files Four More BitTorrent Lawsuits Against Individual Does

06 Wednesday Aug 2014

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Voltage Pictures has filed four more BitTorrent lawsuits regarding the film Dallas Buyers Club. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 67.166.84.226
Court Case Number: 3:14-cv-01241
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 67.166.84.226
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 50.76.100.253
Court Case Number: 3:14-cv-01242
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 50.76.100.253
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Dennis J. Hubel

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 67.171.198.215
Court Case Number: 6:14-cv-01243-AA
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 67.171.198.215
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Anne L. Aiken

Voltage Pictures LLC et al v. Doe subscriber assigned IP address 24.22.127.95
Court Case Number: 6:14-cv-01244-TC
File Date: Saturday, August 02, 2014
Plaintiff: Voltage Pictures LLC, Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe subscriber assigned IP address 24.22.127.95
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Thomas M. Coffin

Representative Complaint

Voltage Pictures Files Two More BitTorrent Lawsuits Against Individual Does

30 Wednesday Jul 2014

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Voltage Pictures has filed two more BitTorrent lawsuits regarding the film The Company You Keep. Each lawsuit is against a single Doe with claims of copyright infringement, indirect infringement and state trademark infringement.

Court Case Number: 3:14-cv-01191
File Date: Friday, July 25, 2014
Plaintiff: Voltage Pictures LLC, TCYK, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe 76.105.157.206
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: John V. Acosta

Court Case Number: 6:14-cv-01193-AA
File Date: Friday, July 25, 2014
Plaintiff: Voltage Pictures LLC, TCYK, LLC
Plaintiff Counsel: Carl D. Crowell of Crowell Law
Defendant: Doe 50.141.98.1
Cause: Copyright Infringement, Indirect Infringement, State Trademark Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Representative Complaint

Oregon Trademark Litigation Update – B.C. Marketing Concepts v. The Sessions Law Firm

09 Wednesday Jul 2014

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

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Session, Sessions LawHere’s yet another trademark lawsuit involving a brewery. This time, however, the defendant isn’t another brewery but a DUI attorney using an allegedly confusingly similar logo.

Plaintiff B. C. Marketing, Inc. is an Oregon corporation based in Hood River, Oregon. Plaintiff does business as Full Sail Brewing Company. Since at least as early as 2005, Plaintiff has been selling beer under the trademark SESSION, including a distinctive shield logo trademark.

Defendant is an Atlanta, Georgia-based DUI attorney that has been using a similar logo to promote his legal services to “beer drinkers.”

Take a look at the two logos. Confusingly similar? Note that Defendant has been using the logo on paper bags “designed and distributed for the express purpose of holding a can or bottle of beer.” (See image in Complaint below.) While this may have seemed like a cute marketing idea at the time, surely the Defendant can’t be so invested in his logo as to justify litigation in federal court. I expect this lawsuit will be resolved fairly quickly…stay tuned for updates.

B.C. Marketing Concepts Inc. v. The Sessions Law Firm LLC

Court Case Number: 3:14-cv-01087
File Date: Tuesday, July 08, 2014
Plaintiff: B.C. Marketing Concepts Inc.
Plaintiff Counsel: Charles H. DeVoe, Thomas J. Romano of Kolisch Hartwell PC
Defendant: The Sessions Law Firm LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, State Trademark Infringement, State Unfair Competition, State Trademark Dilution, State Law Product Disparagement, Tortious Interference with Contractual Relations
Court: District of Oregon
Judge: Michael H. Simon