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Intellectual Property Law

Seattle Trademark Lawyer

Reports on trademark law developments from Seattle and beyond. Covers trademark infringement, dilution, cybersquatting, right to publicity, domain name disputes, and the like, with an emphasis on happenings in the Seattle area and Ninth Circuit.
By Michael Atkins

Post Frequency: 5.4/day

Last Entry: March 30, 2011 at 00:20:04

Western District Jury Finds False Advertising, Awards $10M in Damages

Posted on April 19, 2010
Page one of the National Products jury verdict form.Page two awards the plaintiff $10 million. There’s a verdict in the National Products, Inc. v. Gamber-Johnson LLC, false advertising case. On April 12, the Western District jury found that Gamber-Johnson’s marketing video entitled, “The Mounting Evidence,” discussing competitors’ laptop mounting systems for use in emergency vehicles, constituted false advertising...

Western District Reaches Same Result After Remand in Cybersquatting Case

Posted on April 14, 2010
Last week, the Western District re-examined counterclaim plaintiff Vericheck, Inc.’s cybersquatting and trademark infringement claims against counterclaim defendant David Lahoti in light of the Ninth Circuit’s review in Lahoti v. Vericheck, 586 F...

Autodesk and Open Design Alliance Settle Remaining Part of Trademark Dispute

Posted on April 12, 2010
What remained of the trademark dispute between Autodesk, Inc., and Open Design Alliance has settled. (See previous STL posts on the Western District part of the dispute here, here, here, and here.) Autodesk sells design, engineering, and entertainment software, including AUTOCAD computer-aided design (CAD) software...

Turf Holdings Sues Former Franchisee Over Continued Use of Trade Dress

Posted on April 07, 2010
Franchise relationships are governed by contract. Depending on the franchisor’s agreement with the franchisee, there are certain things a franchisee must do with regard to the franchisor’s trademarks once the franchise relationship is terminated...

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Typosquatter Defendant Says Microsoft's Settlement Offer Amounts to Extortion

Posted on April 07, 2010
Neat follow-up from the Seattle PI’s Microsoft Blog. It’s talked with Microsoft and exercise equipment maker Alf Temme about the Western District suit Microsoft filed accusing Mr. Temme of typosquatting. (Previous STL post here.) The post reveals a few new facts: Microsoft has offered to settle with Mr...

Are Moviegoers Paying for a Two-Hour Commercial?

Posted on April 06, 2010
Are we paying $10 for a movie or a two-hour commercial? As many know, the answer these days is both. The New York Times yesterday had a nice piece that includes a description of script notes by a trademark lawyer. “Now, having Campbell’s Soup or Chrysler associated with your project can be nearly as important to your pitch as signing Tom Cruise,” the article says...

G. Loomis and Gary Loomis Settle Western District Trademark Dispute

Posted on April 05, 2010
According to plaintiff’s complaint, defendant Gary Loomis used to own plaintiff G. Loomis, Inc., which makes fishing equipment and sporting goods. The complaint alleges Mr. Loomis sold his interest in the company to plaintiff in May 1997 and continued to work as plaintiff’s employee until May 2008...

Who Owns "Angels" Show Trademark and Trade Dress? Western District to Decide

Posted on March 30, 2010
Plaintiff Kristen Colliander performing with the “Angels” Seattle entertainer Kristen Colliander performs under the names Kaycee Cole and Kristen Collianeli. She filed suit today in the Western District against Douglas Naftzger, d/b/a Goldberg Entertainment Inc...

Western District Judge Franklin Burgess Passes Away; He Will Be Missed

Posted on March 29, 2010
Western District Judge Franklin Burgess passed away on Friday. “He was a legend on two courts,” Western District Chief Judge Robert Lasnik said in an article today in The Seattle Times, referring to Judge Burgess’ basketball prowess while a student at Gonzaga University...

Ok, Tata, Bye Bye! WIPO Appeal Stayed Pending Outcome of Parties' India Dispute

Posted on March 25, 2010
MakeMyTrip (India) Pvt. Ltd. sued Tata Sons Ltd. last year in the Western District to prevent the transfer of its oktatabyebye.com domain name following an adverse WIPO decision finding that MakeMyTrip had registered the domain name in bad faith...

Western District Considers Literal Falsity of Marketing Video

Posted on March 24, 2010
National Products, Inc., sued its competitor Gamber-Johnson, LLC, in the Western District for false advertising. Both parties sell mounting systems for laptops in emergency vehicles. Gamber-Johnson distributed a video touting the benefits of its system versus other mounting systems, including one developed by National Products...

Microsoft Sues Maker of Four-Minute Exercise Machine for Typosquatting

Posted on March 23, 2010
Routine lawsuit. Interesting back story, courtesy of SeattlePI.com. On March 11, Microsoft Corp. filed a typosquatting complaint in the Western District against Alf Temme, Lars Temme, and their unincorporated company known as “Romfab” and “Rom Fab...

Washington Mutual Continues to Protect Its Trademark Rights

Posted on March 22, 2010
The Seattle Times ran a story today on Washington Mutual’s efforts to protect its trademark rights. The failed bank reportedly still uses a number of marks in Canada and Mexico. The story says that WaMu continues to prosecute applications to register THE CARD THAT REWARDS YOU AND YOUR PET; YOUR PET...

Court Improperly Weighed Evidence in Finding Liability on Summary Judgment

Posted on March 18, 2010
A court can’t weigh evidence on summary judgment, no matter how tempting it might be to do so. That’s what the Ninth Circuit found the Central District of California did in the ConsumerInfo.com, Inc. v. Money Management International, Inc...

Why Hire a Lawyer? If You're a Business, You Need One

Posted on March 17, 2010
On March 9, Network and IT Management Ltd. filed suit in the Western District for a declaration that its registration of the bachoco.com domain name does not violate the Anti-Cybersquatting Consumer Protection Act or infringe defendant Bachoco, S...

Cumbow on Lindsay Lohan's and Jeffrey Sarver's Right of Publicity Claims

Posted on March 16, 2010
Did you catch my partner Bob Cumbow’s piece today on IPWatchdog? He offers a fine treatment of the pressing right of publicity cases of the day: Lindsay Lohan’s claim against E-Trade for using the name “Lindsey” in a TV ad featuring a baby “milkaholic,” and Army Sgt...

Software Company Sues Network Over Name of "Cake Boss" TV Show

Posted on March 15, 2010
Infringing use of CAKE BOSS? Plaintiff says so in Western District suit On March 11, plaintiff Masters Software, Inc., filed suit in the Western District against Discovery Communications, Inc., The Learning Channel, Inc., and reality TV star Bartolo “Buddy” Valastro for trademark infringement...

Trademark Office Looks to Improve Its Information Technology Processes

Posted on March 10, 2010
The Patent and Trademark Office has launched an initiative to overhaul its information technology processes. It’s looking for your input. From the PTO’s Web site: “We Want Your Suggestions! The United States Patent and Trademark Office is embarking on an exciting new Information Technology initiative for the Trademark Organization...

Register a Famous Trademark as a Domain Name; Get Sued

Posted on March 09, 2010
There’s no middle ground here. Either the defendants were completely clueless or they just didn’t care. My money’s on the latter. On Sept. 19, 2009, Montana Thomas and Credit.com, Inc., allegedly registered mastercard.cm. On March 10, 2010, Mastercard International, Inc...

Western District Finds: If You Don't Confer, You Don't Get a Discovery Order

Posted on March 07, 2010
The contentious false advertising case between bicycle component manufacturers Campagnolo, S.R.L. and Full Speed Ahead, Inc. (previous STL posts here and here), hasn’t gotten any friendlier. During Full Speed Ahead’s depositions of Campagnolo’s officers, the parties agreed that the transcripts would be designated “Attorney’s Eyes Only” under the protective order the court had entered...

Western District Corrects Discovery Abuses with Adverse Instruction to Jury

Posted on March 04, 2010
Loops LLC’s flexible prison toothbrush featuring “non-shank” design In 2008, Ferndale’s Loops LLC filed suit in the Western District against Seattle’s Phoenix Trading, Inc., d/b/a Amercare Products, Inc., for trademark and trade dress infringement, among other things...

No Preliminary Injunction in "Planet Coffee" Trademark Infringement Case

Posted on March 03, 2010
Plaintiff Planet Coffee Roasters’ (left) and defendant Planet Coffee’s marks Yes, it’s a trademark dispute involving coffee. But no, it’s not being fought out in Seattle. This one’s in southern California. Last year, Planet Coffee Roasters, Inc...

All the Cool Band Names Are Gone, the Wall Street Journal Reports

Posted on March 02, 2010
Former Led Zeppelin bassist John Paul Jones recently complained to The Wall Street Journal that it’s getting harder for new bands to find cool names that haven’t already been taken. “Think of a great band name and Google it, and you’ll find a French-Canadian jam band with a MySpace page,” he said...

Court Finds Domain Names are Located Where Registry and Registrar are Located

Posted on February 28, 2010
In December 2000, Office Depot, Inc., obtained a judgment against John Zuccarini under the Anticybersquatting Consumer Protection Act (ACPA) arising out of Mr. Zuccarini’s registration of offic-depot.com as a domain name. Office Depot was unable to collect on its judgment and eventually assigned it to DS Holdings, LLC...

Information about Trademarks Not Protectable as a Trade Secret

Posted on February 25, 2010
Plaintiff K.S. and her guardian ad litem sued Ambassador Programs, Inc., and other defendants in the Eastern District of Washington. Plaintiffs alleged that defendants made false representations about the People to People Student Ambassador Program, including that defendants misrepresented to plaintiffs that they had selected K...

"Worm Factory" Bench Trial Results in Permanent Injunction

Posted on February 23, 2010
The header says it all. The Cascade Manufacturing Sales, Inc. v. Providnet Co. Trust trademark dispute between competing sellers of worm composting products has been tried to conclusion. As folks may recall, this case involved Cascade’s complaint that Providnet’s use of GUSANITO WORM FACTORY infringed Cascade’s WORM FACTORY trademark...

Adult Entertainment Company Sues Intelius over "Date Check" Trademark

Posted on February 23, 2010
Intelius’ (top) and DCAEV’s DATECHECK trademarks Nevada’s DCAEV, Inc., has sued Bellevue’s Intelius, Inc., in the District of Nevada for trademark infringement. DCAEV owns www.Date-Check.com, a Web site that serves as a “venue and directory for its users to locate and screen various adult-oriented companion and escort services...

Senate Bill Proposes Study on Trademark Bullies

Posted on February 22, 2010
Sen. Patrick Leahy (D-Vermont) has introduced a bill that’s aimed at trademark bullies. Or at least studying trademark bullies. The bill, the “Trademark Technical and Conforming Amendment Act of 2010” (S-2968), arises out of Hansen Beverage Co...

Canadian Trademark Blog Curls Its Way to Gold!

Posted on February 18, 2010
Did you catch Blawg Review #251? It’s timely hosted by our friends at the Canadian Trademark Blog, who announce: “Our city, Vancouver, is one that knows a lot about hosting – whether it be blog carnivals, tourists, or currently, the Winter Olympics...

Judicial Estoppel Does Not Bar Trade Dress Theory, Ninth Circuit Finds

Posted on February 17, 2010
Plaintiff Larin Corporation’s Section 43(a) claim against Alltrade Inc. started out as one for trade dress but morphed into one for false advertising. Both parties sell hydraulic-lift stools styled like motorcycle seats. Larin Corp. claimed the photographs and coloring on the packaging in which Alltrade sells its stools are confusingly similar to the photographs and coloring on the packaging in which Larin Corp...

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