Seattle Trademark LawyerSeattle Trademark LawyerReports on trademark law developments from Seattle and beyond, including trademark infringement, dilution, cybersquatting, false designation of origin, and UDRP issues. 
Articles
Western District Denies Motion to Dismiss Contributory Infringement Claim
2008-03-02 19:39:00 In ProteoTech, Inc. v. Unicity International, Inc., plaintiff ProteoTech alleges the University of Washington granted it an exclusive license to use certain technology. Thereafter, ProteoTech granted an exclusive, limited field of use license with respect to the technology to third-party defendant Rexall Sundown, Inc. Through various corporate transactions, a Rexall subsidiary was combined with another company and then purchased by a third entity that became known as defendant Unicity. ProteoTech alleges that Rexall granted a non-exclusive, transferable sublicense to Unicity’s predecessor. ProteoTech also alleges that PTI-00703 is a registered trademark (for dietary supplements) in which it retains all rights despite its lack of use. ProteoTech claims that Rexall was not authorized to sublicense the technology at issue to Unicity. Last year, it filed suit in the Western District , claiming in pertinent part that Rexall is liable ... More About: Infringement , Motion
Chinese Court Redresses Trademark Infringement with Huge Damages Award
2008-03-01 19:30:00 The China Business Law Blog recently published two posts (here and here) about a 20 million yuan ($2.8 million) trademark infringement award by the Hangzhou Intermediate People’s Court. That’s a far cry richer than the 500,000 yuan ($64,000) Starbucks won last year in its trademark infringement suit (STL post on the decision here; discussion of the damages calculation in that case here). So why the (relatively) big award this time? Here’s how the China Business Law Blog explains it:“The court’s award of damages in [G2000 v. 2000] is intriguing. Plaintiff pleaded for damages totaling 20,000,000 Yuan (that is right, 20 million). And the Court ordered the Defendants to turn over the figures for total sales, profits, etc. for the goods complained of in the relevant period of time, but the Defendant failed to do so. Generally, Chinese courts award damages to a plaintiff in an IP infringement case to the extent of a defendantR... More About: Infringement , Award , Huge , Trademark
Profile of Western District Judge Benjamin Settle Published
2008-02-28 03:17:00 Mary Whisner points out in her Trial Ad (and other) Notes blog that the Federal Bar Association of the Western District of Washington has published a profile of Benjamin Settle , one of the Western District’s newest judges (article starts on page 7). This is a great introduction to Judge Settle, and one those who practice in the Western District should read. (STL’s July 10 post on Judge Settle here).Of particular interest to local practitioners:“Judge Settle has a couple of tips for lawyers who will appear before him. First, get to the heart of the matter as soon as possible. Most cases can be evaluated within a month of arriving in the office, and the client is best served when lawyers zero in on the optimal resolution without going down ‘bunny trails.’ And second, make a bona fide effort to settle early. In cases where attorney fees may be awarded to the prevailing party, Judge Settle will always look to see if the attorneys were more interes... More About: Profile , Published
European Court Protects Geographic Designation for Parmesan Cheese
2008-02-27 05:06:00 As STL readers know, Champagne only comes from the Champagne region of France (STL post here). And Wild American Shrimp only come from “their native habitat in the coastal waters of the Gulf and East Coasts of the United States” (STL post here). As I suspect Italians have long known, true Parmesan cheese only comes from Italy. The five regions around Parma, in northern Italy, to be exact, and is made only from raw milk, with no additives, and is aged at least one year. At least that’s what the European Court of Justice ruled today.Billboard at the border of Parma and Piacenza announcingthe home of Parmigiano-Reggiano cheee. Photo credit: J.P. LonThe ruling was a setback for German producers whose “Parmesan” cheese was deemed to be imitation. In so ruling, the court rejected Germany’s argument that the name was generic for a type of hard, crumbly cheese that is often grated over food.... More About: Cheese , European Court
Trademark Dilution Weekend (Part 2)
2008-02-24 19:18:00 On Feb. 21, the Ninth Circuit took the unusual step of amending its six-month old decision in Jada Toys, Inc. v. Mattel, Inc., deciding the “new” standards established in the October 2006 Trademark Dilution Revision Act apply to Mattel’s dilution counterclaim, not the old standards set forth in the Federal Trademark Dilution Act. In doing so, the court applied the TDRA’s “likelihood of dilution” standard, four-factor test for assessing fame, and six-factor test for determining the existence of “dilution by blurring.” After applying these standards, the court found the result was the same as under the old standards: a reasonable trier of fact could conclude that Jada Toys’ HOT RIGZ mark, used in connection with toy trucks, was likely to dilute Mattel’s famous HOT WHEELS mark used in connection with toy vehicles.The court’s Aug. 2, 2007, decision applied the old “actual dilution&... More About: Weekend , Part
Trademark Dilution Weekend (Part 1)
2008-02-23 21:14:00 There’s a whole lotta dilution goin’ on. That’s why this weekend is Trademark Dilution Weekend . Today: XEROX and GOOGLE. Tomorrow: the Ninth Circuit’s amended decision applying the “new” Trademark Dilution Revision Act standards in Jada Toys v. Mattel, Inc.The Afro-IP blog, all the way from South Africa and the United Kingdom, apparently follows U.S. politics pretty closely, because yesterday it latched onto a phrase Hilary Clinton used in her Feb. 21 debate with Barack Obama. She reportedly called him the candidate of “change you can Xerox.” Ms. Clinton’s line reportedly drew boos from the audience, but probably not because of its implications on Xerox’s well-known brand.Afro-IP points out that Ms. Clinton’s statement — now re-published in headlines around the world — is something of a setback for Xerox Corp., which has campaigned against the public’... More About: Part
Western District Grants Preliminary Injunction Against Fitness Drink Maker
2008-02-22 02:53:00 On Feb. 5, Western District Judge James Robert granted in part and denied in part Bellevue-based apparel designer Derek Andrew, Inc.’s motion for preliminary injunction against fitness drink manufacturer Vital Pharmaceuticals, Inc. Derek Andrew sells a line of clothing and related products under its RED LINE trademark. Vital sells a line of fitness drinks under its REDLINE trademark. The problem, the court found, was with Vital’s use of athletic clothing and related goods to promote its REDLINE drink. To the extent Vital used REDLINE alone on such goods (which the court found Vital voluntarily had stopped doing), the court found that Derek Andrew had demonstrated a likelihood of confusion. However, the court found no such likelihood of confusion existed when Vital uses REDLINE accompanied by the slogan, “The Ultimate Energy Rush.” These additional words, the court found, “sufficiently identifies [Vital’s] attempts to advertise ... More About: Fitness , Drink , Maker , Grants
Western District Refuses to Reconsider Dimissal of Cybersquatting Claim
2008-02-21 02:35:00 As discussed on Feb. 14, The Christensen Firm moved the Western District to reconsider its summary judgment dismissal of the firm’s cybersquatting and Consumer Protection Act claims against its Web site development vendor, Chameleon Data Corp., and its president, Derek Dohn. In doing so, plaintiff argued it was “manifest error” for the court to find the marks contained in the domain names defendants allegedly transferred to themselves without plaintiff’s authorization “were either generic (cc-lawfirm) or descriptive (The Christensen Firm).”Today, the court denied plaintiff’s motion. In a minute order issued by the clerk, the court found:“Plaintiff’s motion simply rehashes arguments already made and rejected by the Court. The Court, however, will take this opportunity to clarify that, although it continues to hold the mark ‘cc-lawfirm’ is generic, it would reach the same conclusion concerning p... More About: Cybersquatting
"Meet the Bloggers" Lineup Reveals Some Great Trademark Blogs
2008-02-20 07:37:00 Jeremy Phillips of IPKat fame (among other blogs) is graciously organizing this year’s “Meet the Bloggers ” gathering at the International Trademark Association’s annual meeting, which will be held in May in Berlin. His list of expected attendees provides a treasure-trove of trademark- and IP-dedicated blogs — most of which are published outside the States, and many of which I have never stumbled upon. They’re all worth a look, if not a link, subscription, or regular visit: Afro-IPCatch Us If You Can !!! (English and Italian)Class 46IMPACT IP FinanceIPEG IPJUR (English and German)IPKatLucentinus (Spanish)Nake d LawPetit Musee des Marques (French)Peter GrovesRychlicki.net (English and Polish)Seattle Trademark LawyerSOLO IPSpicy IPTrademark BlogTransblawg (English and German)TTABlogRemember, you can use Babel Fish and Google to translate non-English language blogs in a snap. (STL post&nb... More About: Blogs , Great
Qpass Files Trademark Suit Against Kupass
2008-02-19 08:39:00 Seattle-based Qpass, Inc., filed suit in the Western District on Feb. 6 against Kupass Corp. Both parties allegedly provide application provider services. According to the complaint, Qpass started using its registered trademark QPASS in 1998 in connection with making software available to end-users to facilitate on-line membership services, payment services, and the sale of goods and services over computer networks. The complaint states Kupass began using KUPASS in 2006 in connection with hosting computer software applications for use by others. Qpass alleges: “The KUPASS Mark is confusingly similar to the QPASS Mark in sight, sound, and commercial impression. Defendant’s use of the KUPASS Mark in business activities that are closely related to Plaintiff’s business activities, namely, in connection with the provision of ASP services, is likely to cause confusion in the trade to Plaintiff’s detriment.” Kupass has not yet filed an answer. T... More About: Files , Trademark , Suit
Cautionary Tale: Hire Trademark Attorney or Change Name -- Three Times
2008-02-16 21:19:00 The Seattle Times ’ Feb. 15 Retail Report offers a cautionary tale for business owners who adopt a trademark before talking to a trademark attorney:”Zenith Vineyard in Oregon’s Willamette Valley might win the viticultural prize for having the most names in the shortest period. D.A. Davidson food-industry analyst Tim Ramey settled on Zenith after trademark disputes over his vineyard’s two other names.“Two years ago, London-based Diageo opposed the first name, Belle Provenance Vineyard, saying it was too close to that of Provenance Vineyards in Napa Valley. Ramey then tested the name Belle Orgine Vineyard but ran into trouble with Albertsons over its private-label wine called Origin. Finally, last year he changed the name to Zenith Vineyard.“‘We were never willing to hire a trademark attorney for $10,000, so that’s why we got all this wonderful on-the-job education,’ Ramey said.”This is frustrating for a trademark la... More About: Hire , Change , Attorney , Trademark
Western District Dismisses Law Firm's Cybersquatting Claim Against Vendor
2008-02-15 05:08:00 Seattle-based solo law firm The Christensen Firm claims it’s having trouble with its Web development vendor. Last March, if filed suit in King County Superior Court against Chameleon Data Corp. and its president, Derek Dohn, on the alleged ground that defendants transferred ownershi p of plaintiff’s four domain names (thechristensenfirm.com, thechristensenfirm.net, christensenfirm.com, and cc-lawfirm.com) to themselves without plaintiff’s authorization, and shut down email service to addresses associated with plaintiff’s primary domain name, cc-lawfirm.com. Plaintiff claims defendants did so to obtain leverage in the parties’ dispute over the defendants’ bill. Defendants subsequently removed the case to the Western District .On Jan. 31, Judge Thomas Zilly granted defendants’ motion to dismiss plaintiff’s cybersquatting and Consumer Protection Act claims on summary... More About: Cybersquatting
Circuits Split Over Which Trademark Dilution Standard Applies
2008-02-14 06:53:00 Let me finish a post I’ve been wanting to write for a few days now. With the Northern District of California’s understandable decision this week in Phase Forward Inc. v. Adams (STL post here) to follow its appellate court’s lead in Jada Toys, Inc. v. Mattel, Inc. (STL post here), I can’t help but face the fact that we have another split in the circuits over trademark dilution — the very thing the Trademark Dilution Revision Act was supposed to avoid. On the one hand, we have courts in the Second and Fourth Circuits applying a schizophrenic test to determine whether the old standards under the Federal Trademark Dilution Act, or the new standards under the Trademark Dilution Revision Act, apply to cases that were pending on October 6, 2006, the date the TDRA was enacted. (See posts here and here.) This matters a lot because the old standards allowed for niche-market fame but required actual dilution, ... More About: Standard , Split
Wineries to Duke It Out Over FOOTE Mark
2008-02-13 05:50:00 On Feb. 8, the owners of Washington’s E.B. Foote Winery filed suit in the Western District against the owners of southern California’s Foote Printe Winery. Plaintiffs allege that defendants’ use of FOOTE PRINT WINERY and Design infringe plaintiffs’ registered trademarks, E.B. FOOTE and E.B. FOOTE WINERY and Design, which plaintiffs and their predecessors claim to have used since 1978.Defendants have not yet answered plaintiffs’ complaint. The fact that their surname is Foote would seem to help their cause.The case cite is Miller v. Foote, No. 08-00215 (W.D. Wash.). More About: Duke , Wineries , Mark
Court Grants Reconsideration of Dilution Dismissal Based on Jada Toys v. Ma
2008-02-12 06:05:00 In Phase Forward Inc. v. Adams, plaintiff brought suit in 2005 against defendant Mary Noel Adams stemming from defendant’s use of the trademark PHASE FORWARD.After the Trademark Dilution Revision Act was enacted in October 2006, defendant moved for summary judgment on the ground that plaintiff’s mark did not meet the amended definition of a “famous mark” as one “widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner.” In filing its dilution claim, plaintiff had relied on the Ninth Circuit’s previous recognition of niche-market fame as a valid form of dilution.At that time of defedant’s motion, the Ninth Circuit had not addressed the issue of whether the TDRA would be applied retroactively, though the Second Circuit in Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 477 F.3d 765, 766 (2d Cir. 2007) (STL post here), had applied ... More About: Toys , Grants , Jada , Court
Western District Stays But Does Not Dismiss 1-800-JUSTICE Infringement Case
2008-02-10 02:01:00 Plaintiff Just Enterprises, Inc., owns a federal registration for 1-800-JUSTICE for “legal referral services.” Defendant Phillips & Webster, PLLC, is a Woodinville, Wash.-based personal injury law firm. Just Enterprises alleges in its complaint filed in the Western District of Washington that P&W has licensed and currently uses 888-JUSTICE in connection with its law firm in a manner that is likely to cause confusion with Just Enterprises’ mark. P& W brought a motion to dismiss on grounds of fair use, among other defenses.On Feb. 7, Judge Robert Lasnik denied P&W’s motion, but stayed the action based on a prior similar pending action in the Western District of Missouri.The court’s opinion provides a nice discussion of the fair use defense with regard to telephone number trademarks:“Defendant maintains that its use of 1-888-JUSTICE in its television advertisements is a fair u... More About: Justice , Infringement , Case
WSBA's 13th Annual Intellectual Property Institute Coming March 7
2008-02-07 06:13:00 The Washington State Bar Association has great lineup for the 13th Annual Intellectual Property Institute , scheduled for March 7 at the Washington State Convention and Trade Center. This year’s copyright and trademark track includes sessions on the following: Trademark Year in Review; Revisions to the Trademark Trial and Appeal Board and Practical Tips; Fair Use and the First Amendment; Licensing Intellectual Property ; Second Life and Online Liability; and Ethics in Intellectual Property Counseling. In the afternoon, I’m scheduled to speak on a panel on Design Patents and Trade Dress. Brochure here; register here (cost is $245, including lunch and 6.25 CLE credits). I hope to see you there!
Florida Court Dismisses Trademark Dispute Over '80s Band Expose'
2008-02-06 06:00:00 In November, Crystal Entertainment & Filmworks, Inc., brought suit in the Southern District of Florida against members of the 1980s band Exposé on the ground that it — not performers Jeanette Jurado, Ann Curless Weiss, Gioia Bruno, and Kelly Moneymaker — owns the EXPOSÉ name and common law trademark. The complaint alleged that the band members entered into agreements stating that Crystal’s predecessor owned the mark, which the predecessor assigned to Crystal, as well as a 2006 trademark license agreement with Crystal. The complaint stated claims for false designation of origin, cybersquatting, state unfair competition, breach of contract, and constructive trust.Unfortunately for Crystal, the complaint failed to plead a basis for federal jurisdiction. On Jan. 23, Judge William Zloch dismissed the complaint without prejudice of his own accord:“The Court notes that the Federal courts are of limited jurisdiction. The presumption, in... More About: Band , Expose , Trademark
Chinese Official Explains How His Court Calculated Infringement Damages
2008-02-05 07:13:00 The December 2007 issue of China Intellectual Property magazine had a nice write-up about the Starbucks Corp. v. Shanghai Xingbake Cafe Corp. Ltd. trademark infringement case that Shanghai’s No. 2 Intermediate People’s Court decided last year. The case (which STL discussed here) was important because it was the first time China’s new Trademark Law had been applied to a famous trademark.Starbucks and Xingake logosPhoto credit: East Midlands China Business BureauBesides the detailed summary of the case, what I found most interesting was its explanation as to how the court calculated its RMB 500,000 ($64,000) damages award. Here’s an excerpt:“The compensation claimed by the plaintiffs totalled RMB 1,060,000 including RMB 500,000 for economic losses and RMB 560,000 for reasonable expenses and legal fees. The defendants argued that the calculation of the plaintiffs’ profits was groundless, and thus should not be ... More About: Chinese , Infringement , Damages , Official
No Judgment as a Matter of Law in Baden v. Molten False Advertising Case
2008-02-04 01:40:00 STL readers may remember the patent infringement and false advertising case of Baden Sports, Inc. v. Kabushiki Kaisha Molten and Molten U.S.A., Inc., that went to trial in the Western District last August. The jury awarded Baden more than $8 million to compensate it for Molten’s intentionally falsely advertising that its basketballs were “innovative technology that is proprietary to Molten.” (STL’s posts on the case here, here and here.)Following the jury’s verdict, Molten moved for judgment as a matter of law on the ground that Baden’s false advertising claim as presented to the jury should be vacated because the claim is barred by the Supreme Court’s decision in Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003).On Jan. 28, Judge Marsha Pechman denied the motion. Explaining the decision, the court stated: “Dastar held that a false advertising claim under § 43 of the Lanham Act cannot be based on ... More About: Advertising , Matter , Case , Judgment , False Advertising
No Temporary Restraining Order Enjoining Use of COMMON SENSE
2008-01-31 05:01:00 When things are slow in Seattle……STL reports on trademark issues elsewhere. That’s what I’ve been doing for the last couple of days.Here’s a new trademark decision from the Northern District of California. Plaintiff Common Sense Media, Inc., applied for a temporary restraining order against defendant Common Sense Issues, Inc., based on plaintiff’s allegations that defendant is infringing its registered trademarks, COMMON SENSE MEDIA and COMMON SENSE MEDIA and Design. In particular, plaintiff asked the court to temporarily restrain defendant from using its COMMON SENSE ISSUES mark or any similar designation.On Jan. 25, Judge Claudia Wilken denied plaintiff’s application. She found that “CSM has not made a sufficient showing of likely success on the merits of its claims and of the immediate threat of irreparable harm to justify granting the relief it seeks. Although ‘Common Sense Issues’ is similar to CSM’s tr... More About: Infringement , Order
Wrestler "Warrior" Avoids Game Maker's Motion to Dismiss Trademark Claims
2008-01-30 06:48:00 Ultimate Creations, Inc., the licensing company owned by former professional wrestler Warrior (his legal name) brought suit in the District of Arizona against video game maker THQ Inc. over video games that use Ultimate’s WARRIOR registered trademark and and trade dress in the wrestler’s costume and image. THQ moved for summary judgment on grounds of fair use and the protectability of Ultimate’s unregistered trade dress. On Jan. 24, Judge Stephen McNamee found in Ultimate’s favor.The court summarized the facts as follows:“Warrior claims that his wrestling character was distinctive because he had long, flowing hair, wore arm pads and knee pads with a fringe, displayed on his costume and face a logo roughly in the shape of an upside-down ‘W’ — the logo, originated from ‘Parts Unknown,’ had an exceptionally muscular build, and used ‘signature’ moves in his wrestling performan... More About: Infringement , Game , Motion , Claims , Trademark
United States Olympic Committee Doesn't Sue "Olympic" Businesses Very Often
2008-01-29 06:25:00 A reporter recently asked me how often the United States Olympic Committee has sued the owner of an “Olympic”-named business in Washington. The answer? In the Western District of Washington, where I would expect such a suit to be brought: never. At least not since 1991, according to the federal courts’ U.S. Party/Case Index, which I checked out this afternoon.Turns out as heavy-handed as the USOC seems to be lately in this state full of businesses named “Olympic” in honor of our Olympic Mountains, the USOC has taken a light touch when it comes to filing suit. The same appears true around the country. Since 1991, it looks like the USOC has brought only 25 lawsuits identified by PACER as being “trademark” lawsuits, with only six suit against defendants with “Olympic” in their name. These include:USOC v. Olympic Spa Covers Inc., No. 04-01096 (C.D. Calif);USOC v. Olympic Carrier Corp., No. 02-00880 (N.D. Georgia);...
Microsoft Wins Trademark Counterfeiting Case on Summary Judgment
2008-01-27 18:51:00 In the Northern District of California case of Microsoft Corp. v. E&M Internet Bookstore, Microsoft brought suit against a company doing business as emeshop.net, and its alleged owner Chien-Wei Chen, for selling counterfeit Microsoft software on eBay.Plaintiff and defendants reached a preliminary settlement in which defendants agreed to pay plaintiff $35,000. The parties did not finalize the agreement, however, because Mr. Chen stopped communicating with his attorneys. As a consequence, defendants’ counsel moved to withdraw from the case. The court then ordered defendants to appear in person and show cause as to why they should not be deemed to be in default. Defendants failed to appear.Microsoft then moved for summary judgment. Defendants’ attorneys submitted a response stating they had not received any communication from Mr. Chen and that, as a result, they would not submit an opposition on defendants’ behalf. Defendants did not appear at the hearing des... More About: Counterfeiting , Case , Judgment , Trademark
Palantir.net Gets Preliminary Injunction Against Palantir Technologies
2008-01-25 05:01:00 Palantir Technologies Inc. v. Palantir.net, Inc. is a trademark case from the Northern District of California concerning the parties’ right to use the trademark PALANTIR. For added color, the case involves a bit of lore from the Lord of the Rings. As Judge Charles Breyer explained, a palantir is a “magical artifact from the Lord of the Rings trilogy. It is a stone that functions somewhat like a crystal ball; when one looks in it, one can communicate with other Stones and anyone who might be looking into them. People of great power can manipulate the Stones to see virtually any part of the world.”Palantir.net’s predecessor began providing Web design, development, and database services nationally under the Palantir name in 1996. It acquired the palantir.net domain name in 1997. Palantir.net incorporated in 2000 and obtained a federal registration for PALANTIR in 2006. It sells to educational and cultural institutions, as well as financial, c... More About: Infringement
Network Solutions Reportedly Monitors Domain Name Availability Searches
2008-01-24 07:54:00 I’m a faithful “lurker” in the International Trademark Association’s listserve. I’ve found my passive participation pays off, since there often is a quality tip or issue for discussion. Recent days have been no exception. On Jan. 9, the talk turned to Network Solutions (STL’s domain name registrar). The listservers say the registrar keeps track of name availability searches conducted on its site. The company then reserves the requested domain name for up to five days if the user does not register the domain name during that session. Future availability searches with other domain name registrars list the domain name is unavailable. If the searcher (or anyone else) returns to Network Solutions, however, the domain name is listed as being available for registration. Worse still, word is that “reserved” domain names may be identified as being sought after,... More About: Domain , Domain Name , Availability
Western District Dismisses Breach of Contract Counterclaims
2008-01-23 06:24:00 In Amiga, Inc. v. Hyperion VOF, plaintiff sued defendant in the Western District for breach of contract, trademark infringement, trademark dilution, false designation of origin, and unfair competition relating to the development of a software operating system. Hyperion counterclaimed against Itec, Inc., alleging that Amiga, Inc. (Washington), one of the other parties to a software development agreement, had assigned its rights to Itec, which breached its obligation under the agreement to deliver certain intellectual property to Hyperion. (Itec allegedly later transferred its rights to another company that changed its name to Amiga, Inc. (Delaware), the plaintiff in this case).New York-based Itec moved to dismiss the counterclaims based on lack of personal jurisdiction. Judge Ricardo Martinez agreed. As the court summarized:“Hyperion’s counterclaims against Itec arise from the April 24, 2003 agreement between these two parties.... More About: Contract , Civil Procedure , Breach
Microsoft Wins Most of Georgia Counterfeiting Case
2008-01-21 03:59:00 In 2006, Microsoft Corp. brought suit in the Northern District of Georgia against Silver Star Micro, Inc., and its principal, Chase Campbell, for trademark and copyright infringement. On Jan. 6, Judge William Duffey, Jr., granted in large part Microsoft’s motion for summary judgment and imposed a permanent injunction against the defendants.The court found in April 2005, Silver Star Micro, doing business as USA Tech Store on the Internet at www.techusastore.com, sold a counterfeit copy of MICROSOFT SQL SERVER 2000. Microsoft notified defendants that it had purchased improperly sold Microsoft software and demanded that defendants cease further infringing activity.In September 2005, law enforcement executed on a search warrant at defendants’ premises and seized disks containing counterfeit copies of MICROSOFT OFFICE 97, MICROSOFT WINDOWS XP PROFESSIONAL, 72 counterfeit Microsoft Product Key labels and 300 units of Microsoft Volume License Media.In December 2005 and on ... More About: Infringement , Counterfeiting , Case
Judge Coughenour Not Accepting New Trademark Cases
2008-01-18 03:09:00 Western District Judge John Coughenour appears to have stopped taking new trademark cases. New matters assigned to him reportedly are reassigned to other judges with the statement that “Judge Coughenour does not accept trademark cases.” Judge Coughenour has been on senior status since July 2006. He certainly has plenty of experience deciding trademark matters. Among other cases, he presided over Microsoft Corp.’s lengthy infringement dispute with Lindows, Inc., over the latter company’s LINDOWS trademark that ended when the parties settled in 2004. More About: Cases , Trademark
Seattle Law Blogger Meetup Recap
More articles from this author:2008-01-17 03:20:00 Last night was the long-awaited Seattle Law Blogger Meetup at my firm, Graham & Dunn. We had a nice turnout — 15 law bloggers and five “aspiring” law bloggers. We had a spirited two-hour discussion, and about half hung around for another hour, so we must have been having fun. I know I was.Left to right: Conrad Saam, Chad Smith, Venkat BalasubramaniLarry Munn, and Mark Walters. Photo credit: Erin AndersonMy only frustration was a good one — there was so much to talk about, with so many great people, and we had so little time. In the end, we agreed to make gatherings like this a regular event. Once a year probably isn’t enough.Award for longest distance traveled goes out to Larry Munn and Jeffrey Vicq from the Canadian Trademark Blog, who came all the way from Vancouver, BC.Several attendees have already posted summaries of the event, so I’ll leave further recapping to them:Avvo’s Avvo Blog post here... More About: Recap 1, 2, 3, 4, 5, 6, 7 |
|
 |
|
 |
