• About
  • Contact
  • Disclaimer
  • Oregon IP Resources

Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Tag Archives: Trade Dress Infringement

Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

24 Thursday Sep 2015

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, John Jelderks, State Trademark Dilution, Trade Dress Infringement, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unfair Trade Practices

adidas has a long history with Skechers. In 1994, adidas filed suit for trademark infringement over Skechers‘s Karl Kani footwear. The companies entered into a settlement agreement the following year (the “1995 Agreement,” attached below). Under this agreement, Skechers acknowledged that adidas is the exclusive owner of the THREE STRIPE DESIGN, agreed not to use the THREE STRIPE DESIGN or any mark confusingly similar thereto, and agreed to cease distribution of its KARL KANI sport shoe.

Between 2008 and 2013, adidas and Skechers allegedly entered into five separate confidential settlement agreements about infringements and dilutions of the Three-Stripe Mark. This most recent complaint from adidas claims that “notwithstanding the 1995 Agreement and the subsequent 2008-2013 Agreements–and in continuing, blatant disregard of adidas‘s rights–Skechers yet again is . . . selling footwear . . . bearing a confusingly similar imitation of the adidas Marks.”

adidas is especially aggrieved about a shoe that is (allegedly) confusingly similar to their famous Stan Smith shoe and claims that Skechers intends their “Stan Smith Knock-Off” shoe to be confusingly similar to the adidas Trade Dress and offers evidence that the Skechers website included the terms “stan smith” and “adidas original” in the source code.

adidas America Inc. et al v. Skechers USA Inc.

Court Case Number: 3:15-cv-01741-JE
File Date: Monday, September 14, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Skechers USA Inc.
Cause: Federal Trademark and Trade Dress Infringement, Federal Unfair Competition, Federal Trademark and Trade Dress Dilution, State Trademark Dilution with respect to the Three-Stripe Mark, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

Complaint:

View this document on Scribd

1995 Agreement:

View this document on Scribd

Oregon Trade Dress Litigation Update – Marmoset v. The Music Bed

25 Tuesday Mar 2014

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

≈ 4 Comments

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Litigation Update, Michael W. Mosman, Trade Dress Infringement, Unfair Competition, Voluntary Dismissal

Plenty of thought, time and expense goes into creating a website. Therefore, it has to be pretty upsetting when a direct competitor rips off the “look and feel” of your site. Marmoset

That’s what Marmoset, a specialized boutique music agency based in Portland, Oregon, alleges of The Music Bed, a similar company in Fort Worth, Texas. Check out comparison images in the Complaint or, better yet, go visit the websites yourself.

What do you think? Are the websites too similar? Confusingly similar?

And remember, imitation is the sincerest form of flattery.

Marmoset, LLC v. The Music Bed, LLC

Court Case Number: 3:14-cv-00431-MO
File Date: Monday, March 17, 2014
Plaintiff: Marmoset, LLC
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC, Charles F. Moore of Alleman Hall McCoy Russell & Tuttle LLP
Defendant: The Music Bed, LLC
Cause: Trade Dress Infringement, Unfair Competition, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

View this document on Scribd

UPDATE 7/7/2014: A Notice of Voluntary Dismissal Without Prejudice was filed in this lawsuit on 6/6/2014. To date, there have been no discernible changes to either website.

View this document on Scribd

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

≈ Leave a comment

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

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:

View this document on Scribd

Memorandum in Support of Temporary Restraining Order and Expedited Discovery:

View this document on Scribd

Memorandum in Opposition to Temporary Restraining Order:

View this document on Scribd

Oregon Trademark Litigation Update – Idylwilde v. Umpqua Feather Merchants

13 Wednesday Nov 2013

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

≈ Leave a comment

Tags

Breach of Fiduciary Duty, Common Law Trademark Infringement, Common Law Unfair Competition, Conversion, Federal False Designation of Origin, Federal Unfair Competition, Intentional Interference with Contracts and Prospective Economic Advantage, Litigation Update, Marco A. Hernandez, Misappropriation of Trade Secrets, Trade Dress Infringement, Trademark and Trade Dress Dilution, Unjust Enrichment

Portland-based Idylwilde designs, manufactures, markets, brands, and sells flies for the global fly fishing industry. According to the Complaint, “Idylwilde sells to a very sophisticated buyer of flies where the stylized portrayal of insect species, sex, and maturity level of the hatch make a difference the customer is willing to pay for based on the fly designer’s style.”

The Complaint is long but it has a little bit of everything so it’s worth a read. This will be an interesting case to monitor.

Idylwilde, Inc. et al v. Umpqua Feather Merchants, LLC et al

Court Case Number: 3:13-cv-02009-HZ
File Date: Tuesday, November 12, 2013
Plaintiff: Idylwilde, Inc., Zach Mertens
Plaintiff Counsel: Katherine R. Heekin of The Heekin Law Firm
Defendant: Umpqua Feather Merchants, LLC, Mirabel, Inc., Bien Tan, Does 1 through 10, Inclusive
Cause: Trade Dress Infringement, Federal False Designation of Origin, and Unfair Competition, Trademark and Trade Dress Dilution, Common Law Trademark Infringement, Misappropriation of Trade Secrets, Intentional Interference with Contracts and Prospective Economic Advantage, Breach of Fiduciary Duty, Conversion, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Marco A. Hernandez

View this document on Scribd

 

Oregon Copyright Litigation Update – City of Portland v. Romtec

20 Tuesday Aug 2013

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

≈ Leave a comment

Tags

Common Law Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, False Designation of Origin, Federal Trademark Dilution, Litigation Update, Michael W. Mosman, Oregon Uniform Trade Practices Act, Trade Dress Infringement, Unfair Competition

Portland Loo v. Sidewalk ToiletThe first Portland Loo was installed on December 8, 2008, “to enormous media attention.” Portland has used the Loo to capitalize on its reputation as a “green” innovator and has sold the Loo to various municipalities including: Ketchikan Gateway Borough, Alaska, and Victoria and Nanaimo in British Columbia, Canada. The City is currently negotiating to sell Portland Loos to Esquimalt, British Columbia, San Diego, California, and Seattle, Washington.

In January 2013, Portland city officials were informed by an official with the City of Cincinnati, that Defendant Romtec was manufacturing and marketing for sale a restroom substantially and strikingly similar to the Portland Loo called the “Sidewalk Restroom.” Romtec first introduced its Sidewalk Restroom in late 2012.

Portland alleges that Romtec’s Sidewalk Restroom is “substantially and strikingly similar to the distinctive Portland Loo in its total overall expression, appearance, configuration, size, description, and promotion and features key elements that appear to have been copied from the Protected Work including, but not limited to: (a) the placement, size, position, and dimensions of its louvers; (b) the choice of metal wall panels; (c) use of an anti-graffiti powder coating; (d) the stripped down plumbing that facilitates its set-in-place installation; (e) placement of the sink on the exterior of the unit; and (f) dedicated space for art and advertising.”

This lawsuit was brought by Portland to prevent the sale of the Sidewalk Restroom. More background is included in the Complaint (below). Stay tuned for updates.

City of Portland Oregon v. Romtec, Inc.

Court Case Number: 3:13-cv-01453-MO
File Date: Monday, August 19, 2013
Plaintiff: City of Portland Oregon
Plaintiff Counsel: Lisa M. Gramp – Attorney at Law
Defendant: Romtec, Inc.
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, False Designation of Origin, Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Dilution, Oregon Uniform Trade Practices Act
Court: District of Oregon
Judge: Judge Michael W. Mosman

View this document on Scribd

Oregon Trademark Litigation Update – Too Marker Products v. CC International

10 Thursday May 2012

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Federal Trademark Infringement, Thomas M. Coffin, Trade Dress Infringement

Too Marker Products, Inc. et al v. CC International LLC et al

Court Case Number:    6:12-cv-00834-TC
File Date:    Thursday, May 10, 2012
Plaintiff:     Too Marker Products, Inc., Imagination International, Inc.
Plaintiff Counsel:     Jacob S. Gill, Timothy S. DeJong of Stoll Stoll Berne Lokting & Shlachter, PC
Defendant:     CC International LLC, Hot Off The Press, Inc.
Cause:    Federal Trademark Infringement, Trade Dress Infringement, Common Law Trademark Infringement
Court:    Oregon District Court
Judge:     Magistrate Judge Thomas M. Coffin

View this document on Scribd

Oregon Trademark Litigation Update – Too Marker Products v. Creation Supply

26 Thursday Apr 2012

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

≈ Leave a comment

Tags

Anna J. Brown, Trade Dress Infringement, Trademark Infringement, Unfair Competition

Too Marker Products, Inc. et al v. Creation Supply Inc. et al

Court Case Number:    3:12-cv-00735-BR
File Date:    Wednesday, April 25, 2012
Plaintiff:     Too Marker Products, Inc., Imagination International, Inc.
Plaintiff Counsel:     Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Shlachter, PC
Defendant:     Creation Supply Inc., John Gragg
Cause:    Trademark Infringement, Unfair Competition, Trade Dress Infringement
Court:    Oregon District Court
Judge:     Judge Anna J. Brown

View this document on Scribd

Categories

Create a free website or blog at WordPress.com.

Cancel

 
Loading Comments...
Comment
    ×
    Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
    To find out more, including how to control cookies, see here: Cookie Policy