Seattle Trademark Lawyer

RSS Feed Homepage

Articles: 1, 2, 3, 4, 5, 6, 7

Canadian Court Denies Costco's Motion to Enjoin Use of PRICECO WAREHOUSE
2007-08-18 19:16:00
On August 14, the Supreme Court of British Columbia denied Issaquah, Wash.-based Price Costco International’s motion to enjoin Surrey, B.C.-based Welcome Warehouse Ltd.’s planned use of PRICECO WAREHOUSE as a trademark in connection with warehouse-style retail stores. Though the court found Costco had made a strong showing of likelihood of confusion, it found the request was premature in light of the parties’ ongoing proceedings before Canada’s Registrar of Trade Marks.In January 2005, Welcome Warehouse applied to register PRICECO WAREHOUSE. Price Costco, which owns Canadian registrations for PRICE CLUB, PRICE COSTCO, and PRICE COSTCO and Design, opposed the application. In August 2005, the Registrar issued an Approval Notice for the application, signifying it had initially decided that PRICECO WAREHOUSE was registrable.In December 2005, Welcome Warehouse instituted separate proceedings before the Registrar to expu...
More About: Infringement , Motion

Coffee Politics Blog Analyzes What Common Law Rights Mean to Ethiopia
2007-08-17 05:02:00
The Seattle-based Coffee Politics blog continues to analyze the deal Ethiopia and Starbucks struck in June over the marketing and licensing of Ethiopia’s specialty coffee designations. In particular, it explores the meaning of common law trademark rights and the effect of the parties’ decision to define their rights in terms of “designations” rather than “trademarks.” The o fficials who negotiated the deal for Ethiopia told the blog last month that the term “designation” offered the country broader rights than “trademark” because it encompassed common law marks. (STL’s recent discussion of the issue here.)Based on that statement, Coffee Politics polled some intellectual property attorneys for an explanation. Here’s the consensus as to what it found those rights mean in practice:“In the United States, trademark rights arise through use. Meaning...
More About: Rights , Blog

Utah's Key Word Statute Remains Controversial
2007-08-16 04:26:00
The August issue of InsideCounsel discusses Utah 217;s Trademark Protection Act, which prohibits the use of trademarks in key word advertising that another party has registered in the state as an Electronic Registration Mark. The Act, which was controversial from its inception in March (see STL posts here and here), remains controversial today.The main problem appears to be that a state is trying to regulate what inherently is interstate commerce. Since search engines do not stop at state lines, Utah’s statute could suddenly make Google and other search engine providers liable for a new form of trademark infringement. Law blogger and professor Eric Goldman explains in the article that “The Utah law requires perfect geo-location technology, and no one has such technology.” For this reason, the statute could slow interstate commerce, which leads Prof. Goldman to conclude that it violate...
More About: Word , Infringement , Controversial , Rover , Mains

Topline Obtains Injunction Enjoining Use of REPORT COLLECTION for Clothing
2007-08-15 05:45:00
On August 3, the Western District granted Wash.-based shoe makers Topline Corp.’s and Report Footwear, Inc.’s motion for preliminary injunction against women’s 4273371 Canada, Inc., and Modextil, Inc., enjoining defendants’ use of REPORT COLLECTION as a trademark in connection with the advertising and sale of women’s clothing. In doing so, the court found plaintiffs were likely to succeed on the merits of their infringement claim against defendants based on Topline’s registered REPORT trademarks for footwear.The case is not terribly remarkable for any particular trademark issue but the 21-page decision, filed August 13, is noteworthy for its detailed analysis of the Ninth Circuit’s test for likelihood of confusion under AMF, Inc. v. Sleekcraft Boats, 599, F.2d 341 (9th Cir. 1979), and for its discussion of the standard for granting preliminary injunctions. Judge Thomas Zilly, who decided the motion, also re...
More About: Clothing , Infringement , Coll , Junction

"Best of the Olympic Peninsula" Guide Runs Afoul of U.S. Olympic Committee
2007-08-13 02:36:00
The Seattle Times today reports on a local author’s struggle with the U.S. Olympic Committee — all because he wrote a guidebook on Washington’s Olympic Peninsula . As the Times points out, “‘Olympic’ is attached to a seemingly endless stream of goods and services around here — not to mention Mount Olympus, the Olympic National Park, Olympic National Forest, and the state capitol, Olympia.” For that reason, part-time park ranger Jason Bausher didn’t think there would be a problem when he published a guidebook to his favorite places on the Olympic Peninsula. His booklet is titled “Best of the Olympic Peninsula.”Jason Baushern, near the Old Olympic Highway, holds his guide to which the USOC objects. Photo credit: Andrei Pungovschi/APThe USOC nonetheless took issue with his book. It learned about Mr. Bausher and his guide when he applied to register BEST OF THE OLYMPIC PENINSULA with the Patent and Trademark Office. I...
More About: Infringement , Guide

PTO to Trademark Owners: Register Your Marks Overseas for Protection Overse
2007-08-12 20:23:00
On Friday, I attended some of the “Anti-Counterfeiting & Piracy 2007” program co-sponsored by the U.S. Patent and Trademark Office and U.S. Chamber of Commerce. (STL preview of the event here.) The program took place in Bellevue as part of the groups’ national road show on the issue.Washington’s attorney general Rob McKenna added some local flavor. He characterized Washington as the nation’s most trade-dependent state and said a number of local companies have been damaged by counterfeiting. He went on to describe a recent meeting he had with other state attorneys general that emphasized that counterfeiting goes beyond pirated music CDs and software. The Seattle Post-Intelligencer quoted him as saying: “When the chamber representative passed around the table counterfeit automobile brake pads and counterfeit medical supplies and talked about the Federal Aviation Administration’s estimate that so...
More About: Register , Marks , Adema

Western District Strikes Claim for Lost Profits as Discovery Sanction
2007-08-09 05:18:00
On Aug. 7, the Western District sanctioned the plaintiff in Mother, LLC v. L.L. Bean, Inc., for failing to comply with an order compelling discovery. In this trade dress infringement and false designation of origin case arising out of the parties’ competing hunting vests, the court had ordered Mother to produce “all electronically stored information regarding its finances (including sales, financial statement data, and data relating to its claimed damages)” by April 16. The court also had authorized L.L. Bean to continue the deposition of Mother’s president, Martin Grabijas, until after Mother produced such information. (STL previously discussed this order here.)Mother responded by producing four pages of documents on May 17. In June, two weeks before the continued deposition, L.L. Bean’s attorney informed Mother’s attorney that the four pages Mother had produced did not appear to constitute full compliance with ...
More About: Lost , Discovery , Profits , Civil Procedure

Microsoft, Amazon.com and Starbucks Rank as Top 100 Global Brands
2007-08-08 05:11:00
It’s that time of year again…. Time for the Interbrand rankings of the Best Global Brands, which BusinessWeek published yesterday. (BusinessWeek article here; Interbrand analysis here.) Three Seattle companies cracked the top 100: Microsoft , Amazon .com, and Starbucks . Each maintained its position from last year or climbed a bit higher on the list. Microsoft ranked second, same as last year; Amazon.com rose three spots to 65, and Starbucks likewise advanced three spots to 88.Here’s what the the BusinessWeek story says about Seattle’s big brands: Microsoft (2007 brand value listed at $58,709,000,000): “The launch of its Windows Vista operating system, coupled with its Xbox game console, keeps the software giant’s latest technology in front of consumers.”)Amazon.com (2007 brand value listed at $5,411,000,000): “Finally viewed by consumers as the superstore it always tried to be, Amazon is adding cool, participatory Web serv...
More About: Rank

Ninth Circuit Finds HOT RIGZ May Dilute HOT WHEELS Under Actual Dilution Te
2007-08-07 05:56:00
On Aug. 2, the Ninth Circuit handed down a new dilution decision, albeit under the old standard. In Jada Toys, Inc. v. Mattel, Inc., Jada sued Mattel for trademark infringement, false designation of origin, and unfair competition on the theory that Mattel’s OLD SCHOOL and NEW SCHOOL lines of miniature vehicles infringed Jada’s registered trademark OLD SKOOL for toy trucks. Mattel counterclaimed on several grounds, including that Jada’s HOT RIGZ mark infringed and diluted Mattel’s HOT WHEELS mark. The Central District of California granted summary judgment for Mattel on Jada’s OLD SCHOOL and NEW SCHOOL claims, and granted summary judgment for Jada on Mattel’s counterclaims. Mattel appealed the dismissal of its counterclaims. The court’s treatment of Mattel’s dilution claim is discussed below.As a threshold matter, the Ninth Circuit applied the “actual dilution” standard set forth in the Federal Trademark Dilution Act rather ...
More About: Wheels , Under , Heels

Western District Limits Expert Damages Testimony in Unfair Competition Case
2007-08-05 19:56:00
On Aug. 1, the Western District granted in part and denied in part defendants’ motion to limit plaintiff’s damages expert testimony in Baden Sports, Inc. v. Molten. The case turns on Molten’s sale of “dual-cushion technology” basketballs, which Baden claims infringes its patent and constitutes unfair competition. STL previously wrote about the case here. The 43(B)log wrote about the case here. Molten moved in limine to limit Baden’s expert testimony under Rule 37(c), which prevents a party from offering at trial evidence it failed to disclose in an expert report as required by Rule 26(a)(2)(B) or in a supplemental disclosure under Rule 26(e)(1). Trial is scheduled to begin tomorrow.With regard to expert Scott Hamilton, Judge Marsha Pechman found that preclusion of certain testimony was proper. Mr. Hamilton’s report stated that Baden had asked him to assess damages from Molten’s alleged ...
More About: Competition , Limits , Case , Testimony

Georgia Court Finds Disguised Bottle Safes Violate PepsiCo's Trademarks
2007-08-02 06:58:00
Burglars take note: in the future, those bottles marked “PEPSI” in the fridge of the house you’re robbing probably contain nothing more than a carbonated drink. No secret stash there.That’s because on July 20, the Northern District of Georgia found that defendant Sahni Enterprises, Inc., and its affiliates, makers of bottle and can safes, infringed and diluted plaintiff PepsiCo, Inc.’s PEPSI, DIET PEPSI, MOUNTAIN DEW, SIERRA MIST and AQUAFINA trademarks. The court made the same finding with respect to defendants’ food canister safes bearing plaintiff’s CHEETOS, DORITOS and FRITOS marks. After the parties stipulated to a preliminary injunction, the court permanently enjoined defendants from manufacturing and selling safes bearing PepsiCo’s marks.The court explained: “The Infringing Safes marketed by Sahni are manufactured by converting genuine PepsiCo bottles, cans and ca...
More About: Dilution , Infringement , Bottle , Marks

Ethiopian Officials Talk About Coffee Designation Pact with Starbucks
2007-08-01 06:57:00
The Seattle-based Coffee Politics blog has an interesting interview with Ethiopian officials about the June settlement of Ethiopia’s dispute with Starbucks Corp. over the marketing and licensing of three of Ethiopia’s specialty coffee designations. The blog interviewed Samuel Assefa, Ethiopia’s ambassador to the United States, and Getachew Mengistie, director of Ethiopia’s Intellectual Property Office, who negotiated the deal with Howard Schultz and Dub Hay from Starbucks. Background on the pact from The Seattle Times is available here.   Of particular interest to trademark practitioners is why Ethiopia pushed for terms in the parties’ agreement that defined Ethiopia’s rights in terms of its coffee “designations” rather than its “trademarks.” Here’s an excerpt from the interview: “Coffee Politics: The joint press release between you and Starbucks states that...
More About: Talk , Official , Buck

Payless Shoesource Sued Again for Infringement Over Athletic Shoe Logo
2007-07-31 06:03:00
On July 27, athletic shoe maker Diadora S.p.A. and its Kent, Wash.-based subsidiary, Diadora America, Inc., filed suit in the Western District against Payless Shoe source, Inc., for trademark infringement, dilution, and unfair competition over Payless’ competing shoe logo. It is only five weeks since Payless settled a case with Brooks Sports, Inc., involving similar allegations. (STL’s coverage of that suit here and here.)Diadora’s complaint alleges that in the last sixty days, Payless began manufacturing, promoting, offering for sale, and selling a new line of shoe called the CHAMPION® Idol Athletic that is substantially identical to Diadora’s shoe logo.Diadora’s logo (top) and Payless’ allegedly infringing logoThe complaint states: “Diadora’s advertising and promotional activities involving its products bearing the Diadora Logo have been continuous and have been for the purpose of acquainting the public with th...
More About: Infringement , Payless Shoes , Sued

PTO Road Show Visits Seattle with Anticounterfeiting Seminar
2007-07-30 03:27:00
On Aug. 10, the U.S. Patent and Trademark Office will travel to Seattle to present a program titled “Anti-Counterfeiting & Piracy 2007.” Scheduled speakers include Washington State Attorney General Rob McKenna, Microsoft Corp., Lisa Chissus from Flex-a-lite Consolidated, John Koeppen from the PTO, and Brad Huther from the U.S. Chamber of Commerce.The program brochure states: “At this important event you’ll learn what federal and state government resources are available to protect your brand, how you can work with law enforcement to safeguard your intellectual property, how to protect your supply chain here and abroad, and what the U.S. Chamber is doing to defend American business as a whole.”The program runs from 10 a.m. to 3 p.m. at the Westin Bellevue and includes a free lunch. Interested persons can register here. I plan to be there, so please say hello if you decide to attend. The PTO and co-sponsor U.S. Chamber of Commerce will make simila...
More About: Show , Seminar , Road

STL Welcomes New Seattle Trademark and Branding Blog "Beauty Marks"
2007-07-27 03:00:00
The Trademark Blog  today put me on to a new Seattle -based trademark and branding blog called “Beauty Marks.” (Geez, scooped in my own back yard!)  It’s published by Jessica Levy of the Law Office of Jessica Stone Levy, PLLC, who until recently based her trademark prosecution practice at Preston Gates & Ellis/K&L Gates.Ms. Levy describes her blog as “miscellaneous thoughts about trademarks and branding.” Her inaugural posts discuss how she met her husband (a trademark litigator, no less), using the TM designation, and the basics of trademark law from the perspective of a cosmetics shopper. She expects to “Comment on what I like, what I don’t, what’s trendy and what’s stodgy, what makes sense from a trademark perspective and what makes my hair stand on end.”Sounds like a lot of fun. Welcome to the club!
More About: Branding

First U.S. Registrant Offers to Sell MUGGLES Trademark for $1 Million
2007-07-26 03:25:00
I came across an interesting piece — the Ventura County Star reported on July 22 that California native Jim Salzer owns the first U.S. trademark registration for MUGGLES, which he had planned to use in connection with a nightclub to be called “Cafe Muggles.” The nightclub never got off the ground, but Mr. Salzer liked the sound of it so he held onto his registration, which he obtained in 1981. The word “muggles,” of course, entered the popular lexicon as a word for for people without magical powers beginning in June 1997 when J.K. Rowling published her first “Harry Potter” book.Now, Mr. Salzer wants to sell his MUGGLES mark to Warner Bros., which owns the “Harry Potter” movie and merchandising juggernaut. His asking price? $1 million. Warner Bros. has refused to bite and now, the article says, Mr. Salzer is keeping a “watchful eye” on its ...
More About: Infringement , Offers , Sell , Million , Trademark

"Niche Market" Fame Lives on in Kansas Dilution Case
2007-07-25 08:00:00
More than nine months after the Trademark Dilution Revision Act (TDRA) became law, “niche market” fame under the Federal Trademark Dilution Act (FTDA) lives on — at least in one court. In Hodgdon Powder Co., Inc. v. Alliant TechSystems, Inc., the plaintiff sought damages and injunctive relief stemming from the defendant’s use of CLAY DOT for gunpowder, which plaintiff alleged diluted the fame of its CLAYS mark for gunpowder. Both sides moved for summary judgment. On July 20, the District of Kansas sided with the defendant on plaintiff’s dilution claim. All of this is unremarkable except for the court’s analysis of the dilution claim under the Federal Trademark Dilution Act — the statute the Trademark Dilution Revision Act replaced last October. In a footnote, the court stated: “The parties agree that the Trademark Dilution Revision Act does not apply to plaintiff’s ...
More About: Market , Case , Lives

Microsoft Gets Default Judgment in New Jersey Counterfeiting Case
2007-07-24 03:47:00
On July 13, Microsoft Corp. obtained a default judgment and permanent injunction in the District of New Jersey against Julio Gonzales for distributing infringing Microsoft software through his company, JFG TEK Computers. Microsoft obtained the monetary damages it asked for: $844,742.85 in “statutory” damages, attorney’s fees, and costs, though the order does not say whether the damages stem from violations of the Copyright Act, the Lanham Act, or both. Mr. Gonzales is now permanently enjoined from, among other things, “imitating, copying or making any other infringing use or infringing distribution of software programs, components, end user license agreements, certificates of authenticity, or items protected by Microsoft’s registered trademarks and service mark….”Microsoft’s complaint reveals its m.o. was the same as in its other default judgment cases (such as those discussed here and here): it suspe...
More About: Infringement , Counterfeiting , Case

Seattle Columnist Reports on ISSAQUAH COMMUNITY BANK Suit
2007-07-23 00:30:00
On July 19, Seattle Post-Intelligencer business columnist Bill Virgin wrote about the Western District lawsuit Cascade Financial brought against Issaquah Community Bank over the defendants’ use of the ISSAQUAH COMMUNITY BANK name and mark. STL discussed the filing here.He did a nice job framing the dispute: “If you start a bank in Issaquah, can you name it after the town you operate in?“Issaquah Community Bank, which opened for business this week, thinks it can.“Cascade Financial Corp., which bought a bank in Issaquah three years ago, says the new bank can’t, because it still holds the name.”Mr. Virgin quotes Issaquah Community Bank’s president, defendant Robert Ittes, as saying: Cascade’s attempt to hold the name hostage is entirely unwarranted. Whatever rights they may have had were abandoned three years ago. More importantly, our name is a clear and honest reflection of the community we serve. It’s hard to see this as any...
More About: Infringement , Aqua

Prof. McCarthy Calls 2nd Circuit's Bukhara Decision an "Embarrassment"
2007-07-21 19:42:00
The July issue of InsideCounsel magazine reviews the Second Circuit’s March 28 decision on famous foreign trademarks in ITC Limited vs. Punchgini, Inc., __ F. 3d. __, 2007 WL 914742, No. 05-0933 (2nd Cir.). In that case, New Delhi’s Bukhara Restaurant claimed it should be able to enforce its internationally-famous mark despite its abandonment of the mark here. The defendants were owners of a Manhattan Indian restaurant who called their establishment the “Bukhara Grill” because there was “no restaurant Bukhara in New York, and we just thought we will take the name.” The Bukhara Grill also copied the Bukhara Restaurant’s “logos, decor, staff uniforms, wood-slab menus, and red-checkered customer bibs.” Departing from the Ninth Circuit’s decision validating the famous marks doctrine in Grupo Gigante S.A. de C.V. v. Dallo & Co., 391 F.3d 1088, (9th Cir. 2004), the Second Circuit found that conti...
More About: Calls , Infringement , Prof , Decision , Khar

SM Licensing Obtains Preliminary Injunction Over COOKIE DIET Mark
2007-07-19 07:32:00
On July 13, the Southern District of Florida granted a preliminary injunction in favor of one weight-loss doctor enjoining a competing weight-loss doctor from using the common law trademark “COOKIE DIET.” The court found in 1975, Dr. Sanford Siegal (pictured below left), president of plaintiff SM Licensing Corp., which obtained the injunction, created an 800-calorie diet in which the patient eats one meal a day, a prescribed dinner, and replaces all other meals with six specially-formulated cookies that suppress hunger. The diet has become known as the COOKIE DIET.In 2002, defendant Dr. Sasson Moulavi (pictured right) and his company, U.S. Medical Care, Inc., entered into an agreement with Siegal Weight Management, Inc., a company that Dr. Siegal controls, which gave Dr. Moulavi an exclusive license to use Dr. Siegal’s diet and certain of his intellectual property throughout the United States and Canada in exchange for a fee and r...
More About: Diet , Infringement , Mark , Junction

Cascade Financial Sues Over Rival's Plan to Adopt ISSAQUAH COMMUNITY BANK
2007-07-18 05:56:00
On July 16, Cascade Financial Corp. and Cascade Bank filed suit in the Western District against Issaquah Community Bank, Capitol Bankcorp., Ltd., and Robert Ittes, over defendants’ alleged plan to use the infringing mark, ISSAQUAH COMMUNITY BANK. Cascade alleges that Mr. Ittes founded Issaquah Bank in 1992. Issaquah Bank opened its second branch in 1997. Thereafter, it registered the domain names issaquah-bank.com and issaquahbank.com. It also obtained a Washington trademark registration for ISSAQUAH BANK, together with its logo and the tagline, “Your Community Bank.” Cascade states it is a community bank that offers a full range of financial services to business and consumer clients through its twenty branches located throughout King and Snohomish Counties, and through its website, www.cascadebank.com.  Cascade alleges it acquired Issaquah Bank in 2004. After the merger, it claims Issaquah Bank operated as the “Issaquah Bank Division...
More About: Infringement , Plan

Colorado Jury Finds Land O'Lakes Infringed Feed Company's PROFILE Mark
2007-07-17 02:13:00
As a local story, this is a reach. But I went to school in Minnesota, so I was interested to read in the Star Tribune that a Colorado jury last week found the large Minnesota co-op Land O’Lakes had infringed a Fort Collins-based animal feed maker’s PROFILE trademark. In doing so, the jury awarded plaintiff Cache La Poudre Feed s $500,000 in actual damages and $14.6 million in profits it found Land O’Lakes had received under the mark. (The jury’s verdict form is here.)The media rightly characterized the case as one of “David and Goliath.” Cache is family-owned and operated, with four to eight employees. By contrast, Land O’Lakes is owned by 7,000 dairy farmers and 1,200 community cooperatives. Last year, it had 8,500 employees and revenues of $7.27 billion.The Denver Post reported that Cache had used PROFILE regionally since 1992 in connection with several goods, including a R...
More About: Infringement , Profile

Tacoma News Tribune Reports on WAILERS Band Name Controversy
2007-07-14 20:29:00
STL recently reported on a local band name case: the Wailers of Tacoma versus the Wailers of Jamaica. Yesterday, Tacoma’s News Tribune published a column on the controversy.A copy of plaintiffs’ complaint is here.  Defendants have not yet answered.The case cite is Ormsby v. Barrett, No. 07-5305 (W.D. Wash.).
More About: Band , Infringement , Controversy , Rove

Northstar Neuroscience and Neuronetics Settle Dispute Over NEUROSTAR
2007-07-12 04:10:00
Plaintiff Northstar Neuroscience , Inc., and defendant Neuronetics, Inc., appear to have settled their trademark dispute over the mark NEUROSTAR. This is based on the Stipulation of Dismissal the parties jointly filed in the Western District today. Northstar filed its complaint against Neuronetics on March 7, alleging trademark infringement, false designation of origin, cancellation of trademark registration, and common law infringement and unfair competition. The dispute arose out of Neuronetics’ use of the marks NEUROSTAR, NEUROSTAR TMS THERAPY, NEUROSTAR and Design, and NEUROSTAR TMS THERAPY and Design in connection with medical devices used to treat neurological and psychiatric disorders. Northstar had alleged those marks infringed Northstar’s prior rights to NORTHSTAR NEUROSCIENCE, which Northstar also uses in connection with neurostimulation therapies for people suffering from stroke and other neurological diseases and disorders.Terms of the apparent ...
More About: Infringement , Settle , Dispute , Euros

Northstar and Neuronetics Settle Dispute Over NEUROSTAR
2007-07-12 04:10:00
Plaintiff Northstar Neuroscience, Inc., and defendant Neuronetics, Inc., appear to have settled their trademark dispute over the mark NEUROSTAR. This is based on the Stipulation of Dismissal the parties jointly filed in the Western District today. Northstar filed its complaint against Neuronetics on March 7, alleging trademark infringement, false designation of origin, cancellation of trademark registration, and common law infringement and unfair competition. The dispute arose out of Neuronetics’ use of the marks NEUROSTAR, NEUROSTAR TMS THERAPY, NEUROSTAR and Design, and NEUROSTAR TMS THERAPY and Design in connection with medical devices used to treat neurological and psychiatric disorders. Northstar had alleged those marks infringed Northstar’s prior rights to NORTHSTAR NEUROSCIENCE, which Northstar also uses in connection with neurostimulation therapies for people suffering from stroke and other neurological diseases and disorders.Terms of the apparent ...
More About: Infringement , Settle , Dispute , Euros

Congratulations to Hon. Ben Settle, the Western District's Newest Judge
2007-07-11 04:39:00
The Chicago IP Litigation Blog has a nice tradition of welcoming new judges to the federal bench. I’m going to extend that tradition west to Seattle. Therefore, without further ado, STL congratulates longtime Shelton, Wash., attorney Benjamin H. Settle (pictured right) for becoming the Western District’s sixth full-time judge. On July 8, he filled the Tacoma-based vacancy left by Judge Franklin D. Burgess when Judge Burgess assumed senior status.President Bush nominated Mr. Settle for the judgeship on Jan. 9 after a previous nomination lapsed at the end of the last Congress. The Senate confirmed him on June 28 with a 99-0 vote with one senator not voting.“It must have just come at the right time,” he told The Olympian daily newspaper of Olympia, Wash. “I had been practicing in Shelton for 28 1/2 years at the time I applied. I was approaching 60 and had an opportunity to do something quite different than I had, and...
More About: Ratu , Este

Congratulations to Hon. Benjamin Settle, the Western District's Newest Judg
2007-07-11 04:39:00
The Chicago IP Litigation Blog has a nice tradition of welcoming new judges to the federal bench. I’m going to extend that tradition west to Seattle. Therefore, without further ado, STL congratulates longtime Shelton, Wash., attorney Benjamin H. Settle (pictured right) for becoming the Western District’s sixth full-time judge. On July 8, he filled the Tacoma-based vacancy left by Judge Franklin D. Burgess when Judge Burgess assumed senior status.President Bush nominated Mr. Settle for the judgeship on Jan. 9 after a previous nomination lapsed at the end of the last Congress. The Senate confirmed him on June 28 with a 99-0 vote with one senator not voting.“It must have just come at the right time,” he told The Olympian daily newspaper of Olympia, Wash. “I had been practicing in Shelton for 28 1/2 years at the time I applied. I was approaching 60 and had an opportunity to do something quite different than I had, and...
More About: Ratu , Este , Congratulations

Ninth Circuit Reverses Finding that FREEK Infringes MONSTER Drink's Trade D
2007-07-10 01:24:00
On June 29, the Ninth Circuit reversed the Central District of California’s injunction against the defendant soft drink maker in Hansen Beverage Co. v. National Beverage Corp. that had enjoined defendants from selling or marketing their FREEK line of energy drinks.Hansen produces and markets the MONSTER ENERGY line of energy drinks, each packaged in containers bearing a large clawed-out “M” and the word “MONSTER.” Each variety uses a distinct color combination that generally consists of a dark background and one bold accent color unique to the variety.In August 2006, National began selling its line of FREEK energy drinks in the Detroit area. Like MONSTER drinks, the FREEK line of beverages consists of four flavor varieties, each packaged in containers featuring a dark background and one of four distinctive accent colors. Unlike the MONSTER drinks, however, FREEK’s packaging prominently features the word...
More About: Trade , Monster , Verses , Mons

Ninth Circuit Affirms Dismissal of Lanham Act Claims under Dastar
2007-07-09 04:57:00
On June 27, the Ninth Circuit handed down an unpublished trademark decision in Harbour v. Farquhar, which reviewed the Central District of California’s dismissal of plaintiff’s false designation of origin claims under Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003). In short, the Ninth Circuit affirmed.Its decision is short and sweet: “Gerald Whane Harbour and Gee-Gee 100 Productions, Inc. appeal the district court’s dismissal of their claim that Kurt Farquhar and Farquhar Productions, Inc. violated the Lanham Act, 15 U.S.C. § 1125(a), by licensing Gee-Gee’s digitalized musical compositions to various television and film producers and falsely representing that Farquhar had provided the musical services, composed the music, and produced the digital goods. …“Section 43(a) of the Lanham Act creates a federal cause of action against a person who used in commerce either ‘a false designation of o...
More About: Claims , Under , Firms