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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Tag Archives: Trademark Counterfeiting

Oregon Trademark Litigation Update – adidas America v. Forever 21

18 Tuesday Aug 2015

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

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Common Law Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Common Law Unfair Competition, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Michael H. Simon, State Trademark Dilution, Trademark Counterfeiting, Trademark Infringement, Unfair and Deceptive Trade Practices, Unfair Competition, Unfair Trade Practices

Adidas has filed a complaint alleging that clothing retailer, Forever 21, and clothing manufacturer/distributor, Central Mills, have been selling counterfeit adidas clothing. In the complaint, adidas alleges Defendants have been importing and selling “apparel bearing three stripes that constitute counterfeit and/or confusingly similar imitations of adidas’s Three-Stripe Mark,” and included pictures of two examples (see Complaint below).

In 2013, Forever 21 and Central Mills were sued by fashion photograher, Mark Hunter, for copyright infringement. Hunter alleged that Defendants used one of his photographs on clothing without authorization. That case was settled out of court less than four months after the complaint was filed.

adidas America Inc. et al v. Forever 21 Inc. et al

Court Case Number: 3:15-cv-01559
File Date: Monday, August 17, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Forever 21 Inc., Central Mills Inc.
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Michael H. Simon

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Oregon Trademark Litigation Update – Trailers International LLC v. Xiaofei Yang

05 Tuesday May 2015

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

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Conversion, Copyright Infringement, False Designation of Origin, Michael H. Simon, Misappropriation of Trade Secrets, Trademark Counterfeiting, Trademark Infringement, Unfair Business Practices, Unfair Competition

Vince Webb and his company, Trailers International (formerly UtilityMate), previously filed suit against Zhuhai Sharp-Group Enterprise Co. Ltd. (aka Jumbo Tools & Equipment), a Chinese trading company, for manufacturing counterfeits of its UtilityMate® and UtilitySport® trailers. Jumbo was, at one time, authorized to manufacture trailers for Webb’s company but now it is alleged that Jumbo is making and distributing counterfeits, primarily through Altocraft USA, Inc. Now, Webb is filing suit against XiaoFei Yang, president and CEO of Jumbo.

Trailers International LLC et al v. XiaoFei Yang

Court Case Number: 3:15-cv-00767-SI
File Date: Monday, May 04, 2015
Plaintiff: Trailers International LLC, Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus and Xavier A. Clark of Klarquist Sparkman LLP
Defendant:XiaoFei Yang
Cause: Copyright Infringement, Trademark Infringement, Trademark Counterfeiting, False Designation of Origin, Unfair Competition (Passing Off), Unfair Business Practices, Conversion, Trade Secret Misappropriation
Court: District of Oregon
Judge: Judge Michael H. Simon

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Oregon Trademark Litigation Update – Control Solutions v. Microdaq.com

02 Saturday May 2015

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

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Civil Action by Private Party, Common Law Trademark Infringement, Federal False Designation of Origin, Injunctive Relief, Intentional Interference with Economic Relations, Interference with Prospective Business Advantage, Misrepresentation, Paul Papak, Remedies for Infringement, Trademark Counterfeiting, Trademark Infringement, Unlawful Trade Practices

Control Solutions is in the business of selling certified, calibrated thermometers and data “loggers,” devices that record temperature readings over time. MicroDAQ.com was allegedly running Google Adwords campaigns, such that an internet user searching on of Control Solutions’ trademarks, trade names and/or product names/numbers would receive as a search result a reference and hyperlink to MicrDAQ’s website and purchasing system instead of Control Solutions’. In March 2015, MicroDAQ.com’s sales & marketing manager replied to a cease and desist letter. In the reply, the manager admitted to running at least two such campaigns and promised to stop the campaigns. Control Solutions claims that the ad campaigns resulted in lost sales as well as lost future revenue since a portion of the company’s revenue is derived from recertifying devices sold to customers.

Control Solutions Inc. v. Microdaq.com Inc. et al

Court Case Number: 3:15-cv-00748-PK
File Date: Friday, May 01, 2015
Plaintiff: Control Solutions Inc.
Plaintiff Counsel: Gano D. Lemoine III of Lemoine Law Firm
Defendant: Microdaq.com Inc., Does 1-10
Cause: Unlawful Business/Trade Practices, Civil Action by Private Party, Trademark Counterfeiting, Remedies for Infringement, Injunctive Relief, Interference with Prospective Business Advantage, Intentional Interference with Economic Relations, Common Law Trademark Infringement, Trademark Infringement, Federal Statutory False Designation of Origin, Misrepresentation in Commercial Advertising or Promotion
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

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Oregon Trademark Litigation Update – AXTS v. Arms Unlimited

27 Wednesday Nov 2013

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

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Ann L. Aiken, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Litigation Update, Oregon Unfair Trade Practices Act, Trademark Counterfeiting, Trademark Infringement, Unfair Competition

Plaintiff AXTS is an Oregon corporation based in Salem, Oregon. AXTS designs, manufactures, and sells firearm accessories, including the RAPTOR charging handle at issue in this litigation. Plaintiff Rainer Arms is a Washington-based company that co-brands the RAPTOR charging handle.

Defendant Arms Unlimited has allegedly sold counterfeit RAPTOR charging handles on eBay, Amazon and its own website. This lawsuit was brought against Arms Unlimited and its individual owners.

Stay tuned for updates.

FYI, a charging handle (see image below) is a device on a firearm which, when operated, results in the hammer or striker being cocked or moved to the ready position. The devices can vary significantly between firearms.

Charging Handle

AXTS Inc. et al v. Arms Unlimited Inc. et al

Court Case Number: 6:13-cv-02100-AA
File Date: Tuesday, November 26, 2013
Plaintiff: AXTS Inc., Rainier Arms, LLC
Plaintiff Counsel: Jon P. Stride, David M. Weiler of Tonkon Torp LLP
Defendant: Arms Unlimited Inc., Daniel Shamie, Josh Salama
Cause: Trademark Infringement, Trademark Counterfeiting, Unfair Competition, False Designation of Origin, Oregon Unfair Trade Practices Act, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

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Oregon Brewing Co. sues D.C. restaurant, Rogue 24, for trademark infringement

12 Sunday May 2013

Posted by Kenan Farrell in Intellectual Property, Litigation, Trademark

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False Designation of Origin, Trademark Counterfeiting, Trademark Cybersquatting, Trademark Infringement, Unfair Competition

Oregon Brewing Co., otherwise known as Rogue Ales, has sued a D.C. restaurant, Rogue 24, for trademark infringement, trademark counterfeiting and trademark cyber-squatting, among other claims.

The Washington Times has more information about the parties and the Complaint is below. Stay tuned for updates.

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