• About
  • Contact
  • Disclaimer
  • Oregon IP Resources

Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Tag Archives: Youlee Yim You

prAna vs. apana…are you confused?

12 Thursday Jul 2018

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

≈ Leave a comment

Tags

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

Heart coffee v. Heart Pizza…are you confused?

22 Tuesday Aug 2017

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

≈ Leave a comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Oregon Trademark Infringement, Unfair Competition, Youlee Yim You

This Portland-centric trademark lawsuit has some interesting facts. Normally a consumer might not confuse coffee roasters with pizza makers, but what about when they’re just one block apart?

Apparently the individual Defendant, a well-known Portland restaurateur and owner of Blue Star Donuts, used to be a daily visitor to Plaintiff’s Heart cafe on SW 12th Avenue. In addition to their coffee, he also seemingly liked their name, deciding to start an unrelated pizza shop called Heart Pizza just 0.1 miles away.

The Complaint (below) asserts actual confusion and alleges false representations of permission made by Defendant. Cease-and-desist communications from Plaintiff were unsuccessful, hence this lawsuit.

Stay tuned for updates.

Heart, LLC v. Heart Pizza, LLC et al.

Court Case Number: 3:17-cv-01297-YY
File Date: Monday, August 21, 2017
Plaintiff: Heart, LLC
Plaintiff Counsel: Kenneth R. Davis II, Parna A. Mehrbani of LANE POWELL PC
Defendant: Heart Pizza, LLC, Micah Camden
Cause: Unfair Competition, Oregon Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

View this document on Scribd

Skydiving Software Company Alleges Federal Defend Trade Secrets Act Violations by Former Member

26 Monday Dec 2016

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

≈ Leave a comment

Tags

Copyright Infringement, Federal Defend Trade Secrets Act, Oregon Uniform Trade Secrets Act, Youlee Yim You

The Complaint alleges that individual defendant Cockayne, as a former member of Plaintiff’s organization, developed enterprise software for commercial skydiving operators. Upon leaving Plaintiff’s organization in January 2016, defendant Cockayne was to return all software code and hardware. However, the software code was allegedly still used in violation of a “Withdrawal” agreement and provided to Pacific Northwest Skydiving Center, one of Plaintiff’s former clients.

The Complaint alleges both Federal and Oregon trade secrets violations as well as copyright infringement of the registered source code.

screen-shot-2016-12-26-at-4-39-30-pm

DropzoneMS, LLC v. Cockayne et al

Court Case Number: 3:16-cv-02348-YY
File Date: Tuesday, December 20, 2016
Plaintiff: DropzoneMS, LLC
Plaintiff Counsel: John Mansfield of MansfieldLaw
Defendant: Steven Cockayne, Natalie Rogers, David Thorpe, Pacific Northwest Skydiving Center
Cause: Federal Defend Trade Secrets Act, Oregon Uniform Trade Secrets Act, Copyright Infringement
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

View this document on Scribd

COAST SPAS v. WEST COAST SPAS…are you confused?

23 Thursday Jun 2016

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

≈ 1 Comment

Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Federal Unfair Competition, Litigation Update, Unfair and Deceptive Trade Practices, Youlee Yim You

Plaintiff has sold hot tubs and spa products under the COAST SPAS mark for 19 years.

They recently became aware that a competitor has been manufacturing and selling hot tubs and spas under the WEST COAST SPAS mark since 2011.

According to the Complaint (below), Plaintiff has encountered instances of actual confusion leading to lost sales.

Defendant’s website address, www.wcoastspas.com, is similar to the Plaintiff’s domain, www.coastspas.com.

Screen Shot 2016-06-23 at 9.08.17 AM

Coast Spas Manufacturing Inc. v. Marletto Manufacturing, Inc.

Court Case Number: 3:16-cv-01162-YY
File Date: Wednesday, June 22, 2016
Plaintiff: Coast Spas Manufacturing Inc.
Plaintiff Counsel: J. Christopher Carraway of Klarquist Sparkman, LLP
Defendant: Marletto Manufacturing, Inc. d/b/a West Coast Spas
Cause: Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Unfair and Deceptive Trade Practices
Court: District of Oregon
Judge: Youlee Yim You

Complaint:

View this document on Scribd

 

Categories

Blog at WordPress.com.

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
  • Follow Following
    • Oregon Intellectual Property Blog
    • Join 147 other followers
    • Already have a WordPress.com account? Log in now.
    • Oregon Intellectual Property Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...