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Tag Archives: Unjust Enrichment

prAna vs. apana…are you confused?

12 Thursday Jul 2018

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

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Common Law False Advertising, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Oregon Unfair Trade Practices Act, Unfair Trade Practices, Unjust Enrichment, Yoga, Youlee Yim You

The Plaintiff in this trademark lawsuit sells “sustainable clothing for yoga, travel, and outdoor adventure enthusiasts” using the PRANA word mark and logo. The PRANA trademark has been used since as early as 1992, and even this non-yogi is aware of the well-known brand.

The Defendants are accused of selling yoga apparel under the confusingly similar name “apana,” coupled with a logo that Plaintiff feels is confusingly similar to prAna’s distinctive logo design.

Here are the trademarks…you be the judge:

Of course, we’re dealing with yoga, so the Complaint was bound to get a little weird:

“Like “prana,” “apana” is also well-known to those who practice yoga, and is closely related as the balancing vayu to the prana-vayu. It is situated in the pelvic floor, and reflects energy that moves downwards and outwards.” “prana and apana are opposing, yet balanced forces. Where ‘prana’ regulates the intake of particles and energy, ‘apana’ is responsible for the elimination of the unabsorbed residues.” Assuming regular yoga folks know all this, wouldn’t that be an argument against confusion?

What do you think…are the trademarks confusingly similar? Sound off in the comments below and stay tuned for updates. This one could get interesting.

prAna Living, LLC v. IFG Corp. et al.

Court Case Number: 3:18-cv-01174-YY
File Date: Monday, July 2, 2018
Plaintiff: prAna Living, LLC
Plaintiff Counsel: Nicolas F. Aldrich, Angela E. Addae of Schwabe, Williamson & Wyatt, P.C.
Defendant: IFG Corp., Adjmi Apparel Group LLC
Causes: Federal Trademark Infringement, False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law False Advertising, Common Law Unfair Competition, Unfair Trade Practices, Unjust Enrichment
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

View this document on Scribd

THERAPIA v. THERAPYDIA…are you confused?

29 Tuesday May 2018

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

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Common Law Trademark Infringement, Common Law Unfair Competition, Federal Unfair Competition, Michael H. Simon, Unjust Enrichment

The plaintiff in this trademark lawsuit has been using the unregistered THERAPIA trademark for 7 years in connection with alternative medical services such as acupuncture, chiropractic therapy, massage, fertility consultation and treatment, and herbal medicine. Therapia operates in Portland, Oregon and promotes its services via its website, http://www.therapiaclinic.com.

The defendant, Therapydia Inc., is a national network of physical therapy and wellness clinics. Therapydia has locations in Portland, Beaverton, and Lake Oswego. Therapydia provides traditional (vs. alternative) medical services.

The Plaintiff first learned of Therapydia in mid-2016, and alleges instances of actual confusion beginning in January 2018, “with many patients calling Therapia to schedule appointments with Therapydia and consumers mistaking Therapydia advertisements for Therapia advertisements.”

This trademark case should be interesting. Stay tuned for updates.

Therapia P.C. v. Therapydia, Inc.

Court Case Number: 3:18-cv-909
File Date: May 24, 2018
Plaintiff: Therapia, P.C.
Plaintiff Counsel: Elizabeth Tedesco Milesnick, Andrea Selkregg of IDEALEGAL
Defendant: Therapydia, Inc.
Causes: Federal Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

View this document on Scribd

 

West Burnside Vape Spot files trademark lawsuit against SE Division VapeSpot

27 Thursday Oct 2016

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

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Ann L. Aiken, Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Injury to Business Reputation, State Trademark Dilution, Unfair Competition, Unjust Enrichment

Since 2013, Plaintiff has operated a Portland vape shop/lounge on West Burnside Street called Vape Spot.

In August 2016, Plaintiff became aware that Defendant had opened a VapeSpot on SE Division Street. Daily instances of confusion and an unsolicited call from Captain Amsterdam regarding Kratom – a product apparently being investigated by the FDA -led to this trademark lawsuit.

Smoke Free, LLC v. Vapespot, LLC

Court Case Number: 3:16-cv-02060-AA
File Date: Wednesday, October 26, 2016
Plaintiff: Smoke Free, LLC
Plaintiff Counsel: Aurelia Erickson of McGaughey Erickson
Defendant: Vapespot, LLC
Cause: False Designation of Origin, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, State Trademark Dilution, Injury to Business Reputation, Unjust Enrichment
Court: District of Oregon
Judge: Ann L. Aiken

Complaint:

View this document on Scribd

 

Oregon Copyright Litigation Update – Spread v. The Weinstein Company et al

14 Monday Sep 2015

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

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Copyright Infringement, Litigation Update, Unjust Enrichment

Plaintiff is based in Portland, Oregon and owns the copyright in a musical work titled “I’ll Be the Light.” J.C. Penney licensed the work for use in an advertisement for a limited clothing line. The terms of the J.C. Penney license specifically excluded use of the work with DVD sales. Nevertheless, the J.C.Penney advertisement showed up on DVDs for the movie Silver Linings Playbook. This unauthorized use allegedly caused another licensee of Plaintiff (a competitor of J.C. Penney) to terminate its own license for the work.

Spread LLC v. The Weinstein Company, LLC et al

Court Case Number: 3:15-cv-01714
File Date: Thursday, September 10, 2015
Plaintiff: Spread LLC
Plaintiff Counsel: Andrea A. Selkregg of Swider Haver
Defendant: The Weinstein Company, LLC, J.C. Penney Corporation Inc., Anchor Bay Entertainment LLC, Marchesa Holdings LLC
Cause: Federal Copyright Infringement, Breach of Contract, Unjust Enrichment
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

View this document on Scribd

Oregon Trademark Litigation Update – Gilt Inc. v. Gilt Groupe Inc.

15 Wednesday Oct 2014

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

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Anna J. Brown, Cancellation of Trademarks, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Unfair Competition, Infringement of Unregistered Mark, Injury to Business Reputation, Litigation Update, State Trademark Dilution, Unjust Enrichment

Plaintiffs have used the GILT trademark in connection with the sale of unique, sustainable, and hand-selected pieces of vintage and antique jewelry and related items since 1994. Around 2010-2011, Defendant began using the GILT mark in connection with jewelry, first for the sale of modern jewelry and later, in or about 2011-2012, in connection with the sale of estate jewelry.

In April 2012, Plaintiffs filed applications with the United States Patent and Trademark Office (“USPTO”) to register GILT and GILT JEWELRY for “mail order services featuring jewelry; retail jewelry stores.” The USPTO issued office actions refusing registration, citing a likelihood of confusion with Defendant’s U.S. Trademark Registration Nos. 3920768 and 3967967 for GILT MAN and GILT MANUAL in connection with “On-line retail store services featuring luxury and fashion clothing, apparel, shoes, belts, clothing accessories, pens, lighters, desk sets, tie clips, cuff links, skin care products, jewelry, sports equipment, wine, liquor, and art sold at discount prices.”

Accordingly, Plaintiffs have brought this action for trademark infringement and several other claims, including cancellation of Defendant’s trademark registrations.

Gilt Inc. et al v. Gilt Groupe Inc.

Court Case Number: 3:14-cv-01609-BR
File Date: Friday, October 10, 2014
Plaintiff: Gilt Inc., Paula Bixel
Plaintiff Counsel: John F. Neupert, Elizabeth A. Tedesco Milesnick of Miller Nash LLP
Defendant: Gilt Groupe Inc.
Cause: Infringement of Unregistered Mark, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, State Trademark Dilution, Injury to Business Reputation, Unjust Enrichment, Cancellation of Trademarks
Court: District of Oregon
Judge: Judge Anna J. Brown

Complaint:

View this document on Scribd

Oregon Copyright Litigation Update – North Sister Publishing v. Richard Schefren et al

01 Monday Sep 2014

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

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Common Law Unfair Competition, Federal Copyright Infringement, Litigation Update, Misappropriation, Statutory Unlawful Business and Trade Practices, Thomas M. Coffin, Unjust Enrichment

This lawsuit involves the unauthorized reproduction of excerpts from a literary work entitled “Work the System: The Simple Mechanics of Making More and Working Less.”

North Sister Publishing Inc. et al v. Richard Schefren et al

Court Case Number: 6:14-cv-01395-TC
File Date: Friday, August 29, 2014
Plaintiff: North Sister Publishing Inc., Work The System Academy LLC, Work The System Consultants Inc.
Plaintiff Counsel: Robert A. Swider, Michael D. Long of Swider Haver LLP
Defendant: Richard Schefren, Schefren Publishing LLC
Cause: Federal Copyright Infringement, Statutory Unlawful Business and Trade Practices, Common Law Unfair Competition, Misappropriation, Unjust Enrichment
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Complaint:

View this document on Scribd

Oregon Copyright Litigation Update – Under A Foot Plant v. Exterior Design

28 Thursday Aug 2014

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

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Ann L. Aiken, Common Law Unfair Competition, Copyright Infringement, Litigation Update, Misappropriation, Statutory Unlawful Trade Practice, Unjust Enrichment

This lawsuit involves copyrighted photographs of “perennial plants that are conducive to foot traffic.” Defendant allegedly acknowledged infringement of Plaintiff’s photographs on multiple occasions but would not cease the infringement.

Stay tuned for updates.

Under A Foot Plant Co. v. Exterior Design Inc.

Court Case Number: 6:14-cv-01371-AA
File Date: Tuesday, August 26, 2014
Plaintiff: Under A Foot Plant Co.
Plaintiff Counsel: Robert A. Swider, Michael D. Long of Swider Haver LLP
Defendant: Exterior Design Inc.
Cause: Federal Copyright Infringement, Statutory Unlawful Business and Trade Practices, Common Law Unfair Competition, Misappropriation, Unjust Enrichment
Court: Oregon District Court
Judge: Chief Judge Ann L. Aiken

Complaint:

View this document on Scribd

Oregon Trademark Litigation Update – AutoBidMaster v. Alpine Auto Gallery et al

11 Friday Jul 2014

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

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Tags

Action to Pierce Corporate Veil, Common Law Trademark Infringement, Common Law Unfair Competition, Federal Cyberpiracy, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, John V. Acosta, Litigation Update, Unjust Enrichment

Plaintiff operates an online auction marketplace at the domain autobidmaster.com. Defendant, a competitor, began using the domain autobidmaser.com and autobidmater.com to redirect traffic to its own website.

AutoBidMaster LLC v. Alpine Auto Gallery LLC et al

Court Case Number: 3:14-cv-01083
File Date: Monday, July 07, 2014
Plaintiff: AutoBidMaster LLC
Plaintiff Counsel: Nathaniel L. Funk of Barker Martin PS
Defendant: Alpine Auto Gallery LLC, Vehiko LLC, Edward Agabs, John Does 1-5
Cause: Federal Trademark Infringement, Federal Trademark Dilution, Federal Cyberpiracy, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Unjust Enrichment, Action to Pierce Corporate Veil
Court: District of Oregon
Judge: John V. Acosta

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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:

View this document on Scribd

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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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

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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

 

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