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Tag Archives: Tortious Interference with Contractual Relations

Umpqua Bank sued over unauthorized sale of IP Catalog

28 Monday Aug 2017

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

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Contributory Copyright Infringement, Contributory Trademark Infringement, Conversion, Direct Copyright Infringement, Tortious Interference with Contractual Relations, Vicarious Copyright Infringement, Vicarious Trademark Infringement

The Complaint (below) in this intellectual lawsuit has complicated facts that you’ll want to read for yourself. The lawsuit was originally filed in Delaware in February 2017 but recently transferred to the District of Oregon.

Digital Funding, LLC v. Umpqua Bank

Court Case Number: 3:17-cv-01321-PK
File Date: Friday, August 25, 2017
Plaintiff: Digital Funding, LLC
Plaintiff Counsel: Richard M. Beck, Sally E. Veghte of Klehr Harrison Harvey Branzburg LLP
Defendant: Umpqua Bank
Cause: Tortious Interference with Contractual Relations, Conversion, Direct Copyright Infringement, Vicarious Copyright Infringement, Contributory Copyright Infringement, Vicarious Trademark Infringement, Contributory Trademark Infringement
Court: District of Oregon
Judge: Paul Papak

Complaint:

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

09 Wednesday Jul 2014

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

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Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Litigation Update, Michael H. Simon, State Law Product Disparagement, State Trademark Dilution, State Trademark Infringement, State Unfair Competition, Tortious Interference with Contractual Relations

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

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Oregon Trade Dress Litigation Update – Carbon Audio v. Monster

10 Monday Mar 2014

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

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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

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.

Carbon Audio LLC et al v. Monster, Inc.

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:

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Memorandum in Support of Temporary Restraining Order and Expedited Discovery:

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Memorandum in Opposition to Temporary Restraining Order:

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