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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

Utah Repeals Keyword Advertising Ban

Posted on March 09, 2008
Last year, STL reported on Utah’s Trademark Protection Act, which potentially prohibited advertisers from purchasing trademarks owned by others as search engine keywords (see posts here and here). As the Google Public Policy Blog explained, “[I]f a department store like Macy’s wanted to advertise that they sell Nike shoes, under the Utah law they would not have been able to use the term ‘Nike’ to trigger an ad for their store...

Class Notes: Trade Dress Presentation

Posted on March 06, 2008
I was fortunate enough to fill in for my esteemed partner, Bob Cumbow, last night in his trademark law class at Seattle University. The subject was trade dress — one of my favorites. Here’s a copy of my PowerPoint talking points...

Western District Denies Derek Andrews' Motion for Reconsideration

Posted on March 05, 2008
Following up on my post here, on Feb. 22, the Western District denied clothier Derek Andrew, Inc.’s motion asking the court to reconsider its partial denial of Dererk Andrew’s motion for preliminary injunction against fitness drink maker Vital Pharmaceuticals, Inc...

Lifestyle Lift Sues Owner of RealSelf.com Web Site for Trademark Infringement

Posted on March 03, 2008
In January, Lifestyle Lift Holding, Inc., filed suit in the Eastern District of Michigan against Seattle-based Realself, Inc. Lifestyle licenses its registered LIFESTYLE LIFT trademark to cosmetic and plastic surgery centers. Realself owns the www...

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Western District Denies Motion to Dismiss Contributory Infringement Claim

Posted on March 02, 2008
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...

Chinese Court Redresses Trademark Infringement with Huge Damages Award

Posted on March 01, 2008
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)...

Profile of Western District Judge Benjamin Settle Published

Posted on February 27, 2008
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)...

European Court Protects Geographic Designation for Parmesan Cheese

Posted on February 26, 2008
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)...

Trademark Dilution Weekend (Part 2)

Posted on February 24, 2008
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...

Trademark Dilution Weekend (Part 1)

Posted on February 23, 2008
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...

Western District Grants Preliminary Injunction Against Fitness Drink Maker

Posted on February 21, 2008
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...

"Meet the Bloggers" Lineup Reveals Some Great Trademark Blogs

Posted on February 20, 2008
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...

Qpass Files Trademark Suit Against Kupass

Posted on February 19, 2008
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...

Cautionary Tale: Hire Trademark Attorney or Change Name -- Three Times

Posted on February 16, 2008
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...

Circuits Split Over Which Trademark Dilution Standard Applies

Posted on February 14, 2008
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...

Western District Dismisses Law Firm's Cybersquatting Claim Against Vendor

Posted on February 14, 2008
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 ownership of plaintiff’s four domain names (thechristensenfirm...

Court Grants Reconsideration of Dilution Dismissal Based on Jada Toys v. Mattel

Posted on February 12, 2008
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...

Wineries to Duke It Out Over FOOTE Trademark

Posted on February 12, 2008
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...

Western District Stays But Does Not Dismiss 1-800-JUSTICE Infringement Case

Posted on February 09, 2008
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...

WSBA's 13th Annual Intellectual Property Institute Coming March 7

Posted on February 07, 2008
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...

Florida Court Dismisses Trademark Dispute Over '80s Band Expose'

Posted on February 06, 2008
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 EXPOS� name and common law trademark...

Chinese Official Explains How His Court Calculated Infringement Damages

Posted on February 05, 2008
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...

No Judgment as a Matter of Law in Baden v. Molten False Advertising Case

Posted on February 03, 2008
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...

Wrestler "Warrior" Avoids Game Maker's Motion to Dismiss Trademark Claims

Posted on January 30, 2008
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...

No Temporary Restraining Order Enjoining Use of COMMON SENSE

Posted on January 30, 2008
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...

United States Olympic Committee Doesn't Sue "Olympic" Businesses Very Often

Posted on January 29, 2008
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...

Microsoft Wins Trademark Counterfeiting Case on Summary Judgment

Posted on January 27, 2008
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...

Network Solutions Reportedly Monitors Domain Name Availability Searches

Posted on January 24, 2008
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...

Palantir.net Gets Preliminary Injunction Against Palantir Technologies

Posted on January 24, 2008
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...

Western District Dismisses Breach of Contract Counterclaims

Posted on January 23, 2008
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...

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