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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

Seattle Times Reports on Oral Argument in the Hendrix Electric Vodka Case

Posted on July 13, 2008
The Seattle Times yesterday reported on the July 11 oral argument in the parties’ cross motions for summary judgment in Experience Hendrix, LLC, v. Electric Hendrix, LLC. The case will decide whether the defendant can market its vodka products using the deceased musician’s name, likeness, and signature...

Sometimes It Pays to Be Pro Se

Posted on July 10, 2008
Can you imagine if an attorney tried this?In Microsoft Corp. v. Marturano, Microsoft sued John Marturano, d/b/a J & T Computers and Parts, in the Eastern District of California for allegedly distributing counterfeit and infringing software despite Microsoft’s requests that he cease and desist from such conduct...

Russian Clowns Sue Seattle Repertory Theatre Over Alleged Copycat Show

Posted on July 08, 2008
Counterfeit cat theater? Last month, father-and-son Russian clowns Yuri Kuklachev and Dimitri Kuklachev filed suit in the Eastern District of New York against alleged impostors who have passed themselves off in the United States as the plaintiffs’ Moscow Cats Theatre troupe...

Western District Trademark Lawsuits Up in First Half of 2008

Posted on July 08, 2008
The Western District saw an uptick in trademark lawsuits in the first half of 2008.From January 1 to June 30 of this year, plaintiffs filed 22 new lawsuits in the Western District that PACER recognized as being “trademark” suits. That’s up from 16 during the same period last year, though down from 30 in the first half of 2006...

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PepsiCo Shines in Gentle Demand Letter to Church

Posted on July 02, 2008
A reader emailed me a photo of her church’s new t-shirt design. It looks like Mountain Dew’s. The church’s slogan? “Do the Pew.” The reader thought something was wrong with borrowing someone else’s logo. She’s got good instincts...

Hendrix Electric Vodka Case Doesn't Settle in Mediation; Motions Pending

Posted on July 02, 2008
The parties’ trademark claims in Experience Hendrix, LLC, v. Electric Hendrix, LLC — regarding the defendants’ ability to use Jimi Hendrix’s name, likeness, and signature in connection with their vodka products — will be decided on summary judgment...

InsideCounsel Magazine Discusses the Problem of Fraud

Posted on June 30, 2008
The June issue of InsideCounsel has a nice piece on fraud on the Trademark Office. It accurately frames the problem as follows:“In the past few years, the [Trademark Trial and Appeal Board] has adopted an extremely tough attitude toward trademark filings that contain overly broad statements of use...

Will Supreme Court's Decision on Punitive Damages Affect Trademark Cases?

Posted on June 29, 2008
On June 25, the U.S. Supreme Court found in Exxon Shipping Co. v. Baker that punitive damages under maritime common law cannot exceed the amount of compensatory damages when such awards are “substantial.” Will this decision affect punitive damages awards in trademark cases? It shouldn’t under federal law — even by analogy — because the Lanham Act does not provide for punitive damages...

Seattle Law Blog Meetup Meets Up Again

Posted on June 27, 2008
A dozen Seattle law bloggers congregated tonight to talk shop. Blogs represented included the Washington Employment Advisory, Law According to Michael Rice, Trial Ad (and Other) Notes, Copyright or Wrong, China Law Blog, Employment Law Blog, Criminal Defense Law with an Apple, Speeding Ticket Blog, Seattle Trademark Lawyer, and our host, the Avvo Blog...

Seattle Law Bloggger Meetup Meets Up Again

Will a Cryptic "Juror Letter" Unravel Adidas' $300 Million Victory?

Posted on June 25, 2008
Is this another instance of jurors playing Sudoku?Cryptic docket entries about a “juror letter” and sealed court records suggest something’s gone awry in the Adidas v. Payless Shoesource case that resulted in what reportedly was the largest damages award ever in a case of trademark infringement...

Coming Full Circle in Christensen Firm v. Chameleon Data

Posted on June 24, 2008
This isn’t a strictly a trademark update, but I can’t help but come full circle in the case of The Christensen Firm v. Chameleon Data Corp. (for background see STL coverage from Feb. 14, Feb. 20, May 5, and June 1). This is the case where the law firm claimed its Web developer took over three of the firm’s domain names and disabled the firm’s email system in an effort to gain an upper hand in a dispute over the Web developer’s bill...

Failure to Allege Factors Leads Court to Find Mark Not Famous Despite Default

Posted on June 24, 2008
In Alfa Corp. v. Alfa Mortgage Inc., the plaintiff alleged that its federally-registered marks containing the word ALFA are famous and that defendant’s use of ALFA constituted dilution, among other trademark-related causes of action. Plaintiff is an Alabama-based company that uses ALFA in connection with financial services, including insurance and reinsurance services...

STL to Road Trip to Boise for Technology Law Conference

Posted on June 22, 2008
I’ll be heading to Boise, Idaho, on July 10 to speak at Law Seminar International’s Technology Law conference. I’ll be presenting on “Practical Tips for Use of Trademarks,” which the brochure describes as: “How should search engines, web linking, and new logo placement opportunities affect your trademark licensing program? What are the minimum requirements and for best practices policing trademark misappropriation on the Internet?” As the title suggests, I intend to focus on practical tips, such as essential elements in trademark licensing agreements and how to avoid having your cease-and-desist letter embarrass your client and you when it’s posted on the Internet...

Parties Settle Cybersquatting Case Involving Whitecap.com

Posted on June 21, 2008
On June 20, plaintiffs White Cap Construction Supply, Inc., and HD Construction Supply, Ltd., filed a Stipulation and Order of Dismissal of its cybersquatting case against defendants the Domain Name Whitecap.com, in rem, and the domain name registrar A W Registry, Inc...

Starbucks Trademark Dispute Brewing Over Mr. Rainier Coffee Logo?

Posted on June 19, 2008
I’ve heard rumblings about this but can’t get any confirmation. Is Starbucks suing a Japanese coffee company with a green-and-white concentric circle logo? That’s what this post from February 2006 — repackaged in another blog’s post this week — suggests:“Starbucks is also suing Japan’s Mt...

Managing IP Magazine Publishes Guide to Trademark Blogs

Posted on June 17, 2008
Managing Intellectual Property magazine recently published a “short guide to some of the more popular blogs covering trade mark and other IP law around the world,” which I’m happy to report includes STL. It’s a good resource for discovering new international trademark blogs that U...

Ninth Circuit Upholds Clothier's Fees Award If Related to Trademark Claim

Posted on June 16, 2008
On June 11, the Ninth Circuit upheld the Western District’s award of attorney’s fees on the false designation of origin claim in Derek Andrew, Inc. v. Poof Apparel Corp. However, the court cautioned that if the award included fees based on the Copyright Act, then the award was erroneous because Derek Andrew did not timely register its copyrights and, therefore, could not sustain its copyright claim for statutory damages...

Seattle Times Features Western District Judge Marsha Pechman

Posted on June 15, 2008
It’s not a trademark story, but the Seattle Times today has an in-depth feature on Western District Judge Marsha Pechman and how she is likely to run her courtroom in the City of Seattle v. Professional Basketball Club LLC trial — the case that will decide whether the Seattle Supersonics will immediately be moved to Oklahoma City...

NYT Article Illustrates How Champagne Region May Be Watering Down Its Brand

Posted on June 14, 2008
Today’s New York Times reports on the imminent expansion of the Champagne appellation in France. (NYT map here; past STL discussion here.) Most of the article discusses the reason for the expansion — to make winemakers more money...

Microsoft Sues 21 for Alleged Software Piracy -- Including Repeat Defendants

Posted on June 11, 2008
Microsoft Corp. announced yesterday it filed 21 federal lawsuits against alleged software pirates. The suits are filed in Georgia, California, Massachusetts, Ohio, South Carolina, Tennessee, Texas, Virginia, Oregon, Arkansas, Colorado, Florida, Illinois, and Washington...

Cricket Communications Sues Hipcricket for Trademark Infringement

Posted on June 11, 2008
On June 2, the Southern District of California transferred a trademark infringement case to the Western District of Washington. San Diego-based Cricket Communications, Inc., contends that Bellevue-based Hipcricket, Inc.’s HIPCRICKET name and registered mark infringes and dilutes Cricket’s CRICKET registered mark...

New York Court Again Finds that MISTER CHARBUCKS Does Not Dilute STARBUCKS

Posted on June 09, 2008
On June 5, the Southern District of New York decided that Wolfe’s Borough Coffee, Inc.’s use of MR. CHARBUCKS and MISTER CHARBUCKS in connection with coffee was not likely to cause dilution by blurring or dilution by tarnishment of Starbucks Corp...

Still No USOC Lawsuits Over Seattle-Area Use of OLYMPIC as Trademark

Posted on June 08, 2008
Not to tempt fate, but I couldn’t help but notice that the U.S. Olympic Committee has not flooded the Western District of Washington with lawsuits over Seattle-area companies’ use of OLYMPIC in their names and trademarks. (See STL posts on this issue from August 12, 2007; Jan...

Microsoft Collects on Default Judgment Against Spammer

Posted on June 04, 2008
In October 2004, Microsoft Corp. filed suit against John Does 1-50, d/b/a Myauctionbiz.biz, for alleged “unauthorized use of Microsoft’s computers and computer systems to send millions of misleading and deceptive unsolicited commercial e-mail messages, or ‘spam,’ in violation of federal and state law and Microsoft policies...

TTAB Grants Summary Judgment Against Seattle Spirits Distributor

Posted on June 03, 2008
John Welch today reports on Seattle-based Fine Spirits Distribution, LLC’s loss on summary judgment in the Trademark Trial and Appeal Board opposition proceeding that E. & J. Gallo Winery brought objecting to Fine Spirits’ application to register FALCON for distilled spirits...

Gucci Sues Alleged Local Counterfeiters

Posted on June 02, 2008
On May 27, Gucci America, Inc., filed suit against Cassandra Black, Cece’s Bargain Boutique, CecesBargainBoutique.com, and ten unknown persons for selling allegedly counterfeit Gucci merchandise. The complaint alleges that Ms. Black is a resident of Kent, Wash...

INTA Recap: Our Own United Nations

Posted on May 28, 2008
Meet the Bloggers IV: Trademark law bloggers of the world unite!It’s hard to recap a four-day conference involving thousands of trademark lawyers from around the world. Despite my nagging jet lag, I’m still energized. For me, this year’s INTA transcended the usual meeting and greeting...

See you at INTA!

Posted on May 16, 2008
Slight blogging slowdown ahead as I travel to Berlin to join thousands of other trademark lawyers from around the world at the 130th annual meeting of the International Trademark Association. What a conference! Please say hello if you see me there...

Adidas v. Payless Jury Instructions

Posted on May 15, 2008
By popular demand, here are the jury instructions in the Adidas America, Inc. v. Payless Shoesource, Inc. case. All 60 pages of them. The ten pages of instruction on dilution start on page 38. Besides a reader’s request for the instructions on dilution, everyone is commended to check out the entire instructions...

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