Seattle Trademark Lawyer: Intellectual Property Law

Home -> Law Blog Directory -> Intellectual Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Jury Finds for Defendant in Bicycle Component False Advertising Case

Posted on June 22, 2010
The jury’s in. On June 18, the Western District jury in the Campagnolo S.R.L. v. Full Speed Ahead false advertising case found for the defendant. Campagnolo had claimed the Seattle-based maker of bicycle components made false representations about the stiffness-to-weight ratios of the parties' bicycle cranksets...

Amazon's Importing Nestle's "Smarties" Candy Upsets U.S. Candy Seller

Posted on June 21, 2010
Ce De Candies’ (left) and Nestle’s “Smarties” candies Ce De Candies, Inc., sells its popular SMARTIES tart sugar candy throughout the United States. It began such use in 1950 and obtained a federal registration for SMARTIES for candy in 1965...

Revisions to Rule 26 Will Change How Parties Work with Expert Witnesses

Posted on June 21, 2010
Unless Congress intervenes, new rules will go into effect Dec. 1 that will change how federal practitioners work with expert witnesses, including survey and other experts with whom trademark practitioners regularly work. There are two main revisions. The first requires parties to disclose a summary of the facts and opinions to be addressed by an expert witness who is not required to provide a report under Rule 26(a)(2)(B), including employee-experts and “hybrid” experts who have factual knowledge of the underlying dispute...

Georgetown Brewery to Rename "9LB Porter" to Resolve Trademark Dispute

Posted on June 16, 2010
Seattle’s Georgetown Brewery will change the name of one of its beers to resolve a trademark dispute. That’s what the Seattle Beer News blog reported yesterday. Georgetown will rename its “9LB Porter” as “Georgetown Porter...

To access this complete feed in the blog feed reader login or register for free.

Nonprofit Claims "Certified Electronics Recycler" is Generic; Seeks Cancellation

Posted on June 15, 2010
The Basel Action Network works to prevent the export of toxic electronic waste from the U.S. and other developed countries to developing countries that are not able to recycle electronic components safely. On June 7, it sued the International Association of Electronics Recyclers and its successor, the Institute of Scrap Recycling Industries, Inc...

"Texas Toast" Generic for Big Croutons

Posted on June 10, 2010
Plaintiff’s (left) and defendant’s use of “Texas Toast” with croutons Not a Western District case, but an interesting one nonetheless. T. Marzetti Co. sued Roskam Baking Company in the Southern District of Ohio, alleging that Roskam’s use of “Texas Toast” in connection with its croutons infringed Marzetti’s TEXAS TOAST trademark for croutons...

No Summary Judgment Dismissal in Pull-Tab Trade Dress Case

Posted on June 08, 2010
Plaintiff’s (left) and defendant’s pull-tab designs Plaintiff Bonanza Press, Inc., and defendant Arrow International, Inc., sell pull-tab tickets used in games of chance. A pull-tab ticket has at least one perforated section that can be removed or lifted to reveal a symbol indicating whether the ticketholder is a winner...

Court Finds Copyright Act Preempts CPA Claim but Not Lanham Act Claim

Posted on June 07, 2010
Oldcastle Precast, Inc., brought suit in the Western District against Granite Precasting & Concrete, Inc. Oldcastle designs and manufactures precast concrete products, including vaults that typically house electrical or metering equipment. It registered a number of copyrights for drawings of its products...

Western District Grants Summary Judgment Against HendrixLicensing.com

Posted on June 03, 2010
Having obtained a preliminary injunction against HendrixLicensing.com, Ltd., and its affiliates last July, Jimi Hendrix’s licensing company, Experience Hendrix, L.L.C., and its affiliates moved for summary judgment. (Previous STL post here.) On May 19, the plaintiffs got their wish...

Bench Trial Finds "Spiderlift" Infringes "Spider" for Hoisting Equipment

Posted on June 02, 2010
Plaintiff SafeWorks, LLC, sells and rents lifting and hoisting equipment for use in construction under its SPIDER registered trademarks. Defendant Teupen America, LLC, rents and sells track-mounted aerial lift machinery in connection with the term “spiderlift” and applied to register the mark THE SPIDERLIFT COMPANY...

Later Evidence Can Satisfy Amount-in-Controversy Requirement for Removal

Posted on June 01, 2010
General Dentistry for Kids, LLC, sued Kool Smiles, P.C. in Arizona superior court for trademark infringement and unfair competition under state law. Kool Smiles removed to federal court. The District of Arizona denied General Dentistry’s motion to remand, and ultimately granted Kool Smiles’ motion for summary judgment...

No INTA, Beantown, for STL After All

Posted on May 24, 2010
Despite this post, STL’s not heading to INTA after all. I inherited a case that needs me here. I decided this weekend I can’t make it to Boston as planned. I’ll see you in person at INTA next year — at the latest!

Sur La Table Sues Burberry for Noninfringement Over Apron Design

Posted on May 24, 2010
The Children’s Pink Plaid and Poodle Apronsold at (at least until recently) at Sur La Table On May 21, Seattle-based kitchen store Sur La Table, Inc., filed suit in the Western District against Burberry Limited (U.S.) and Burberry Limited (U...

Prevailing Party Denied Lanham Act Fees, But Gets Consumer Protection Act Fees

Posted on May 20, 2010
In the Western District’s WORM FACTORY case, plaintiff Cascade Manufacturing Sales, Inc., n/k/a Nature’s Footprint, Inc., succeeded in its trademark case against competitor Providnet Co Trust. (Previous post here.) Having done so, it requested an award of fees...

Mt. St. Helens: Great as a Volcano, Not So Great as a Trademark

Posted on May 19, 2010
Not much of a trademark, it turns out: Mt. St. Helens 30 years ago today Big day in Washington history: 30 years ago today, Mt. St. Helens blew up. Quite a day. I remember it well. My Dad was hiking nearby at the time and came home covered in ash. I was ten...

Saks Fifth Avenue Cries Foul Over Olympia's Salon Fifth Avenue

Posted on May 17, 2010
Salon Fifth Avenue’s (left) and Saks Fifth Avenue’s logos I actually heard about this while I was getting my hair cut. Saks Fifth Avenue reportedly is unhappy with an Olympia salon’s use of the name “Fifth Avenue Salon,” including the salon’s script design...

Court Denies Cross Motions for Summary Judgment in False Advertising Case

Posted on May 13, 2010
Since I’ve covered it here, here and here, I might as well report that the Western District denied the parties’ cross-motions for summary judgment in Campagnolo S.R.L. v. Full Speed Ahead, Inc., a false advertising case between competing bicycle component manufacturers...

Seattle's Best Coffee Unveils New Trademark

Posted on May 12, 2010
Seattle’s Best Coffee logos — Old and new Seattle’s Best Coffee has been changing its market strategy. Now it’s changing its brand. What started as a lighter version of Starbucks coffee has taken a different tack. Now the Starbucks-owned brand is sold mostly in Borders bookstores, Subways, Burger Kings, and AMC Theaters...

Ninth Circuit Finds Statements Don't Support False Advertising Claim

Posted on May 11, 2010
Competing appliance recycling companies slugged it out in Appliance Recycling Centers of America, Inc. v. JACO Environmental, Inc., a false advertising case the Ninth Circuit decided on May 4. The Central District of California granted the defendant summary judgment...

First-Sale Doctrine Does Not Allow Use of Third-Party Logo on License Plates

Posted on May 10, 2010
Au-Tomotive Gold, Inc., takes genuine Volkswagen badges and puts them on its upscale license plates. The plates aren’t from Volkswagen, but the logos are. Au-Tomotive Gold packages its plates with a disclaimer saying the plates are not produced or sponsored by Volkswagen...

Prosecute Your Case or Risk Being Sanctioned

Posted on May 05, 2010
If you want to go to trial, you’d better prosecute your case. That’s what the magistrate judge told the plaintiff last week in Guru Denim, Inc. v. Hayes, a counterfeiting case in the Central District of California. Plaintiff sued defendant, then pretty much stopped participating in the case...

Sean O'Connor Joins Graham & Dunn

Posted on May 04, 2010
Today, STL’s favorite law firm landed a big catch — Sean O’Connor of the University of Washington School of Law. He joins the firm of counsel. Mr. O’Connor brings a lot of experience to the firm — he teaches intellectual property and securities law, and is the founding director of UWSL’s Entrepreneurial Law Clinic, which matches deserving startups with lawyers, law students, and business students...

Mark Your Calendar for Meet the Bloggers VI at INTA - Boston!

Posted on May 03, 2010
The best-looking group at INTA — photo from Meet the Bloggers V It just keeps getting bigger and bigger. And better and better. This year’s Meet the Bloggers event at INTA is set for 8 p.m. on Monday, May 24, at Lucky’s Lounge, 355 Congress Street in Boston — a few blocks from the Convention Center...

Ninth Circuit Finds "Would You Rather?" Not Descriptive as a Matter of Law

Posted on April 28, 2010
Plaintiff Zobmondo’s WOULD YOU RATHER …? trademark By the time of suit, both plaintiff and defendant had sold millions of dollars worth of competing books and board games under similar WOULD YOU RATHER? trademarks. In 2006, plaintiff Zobmondo Entertainment, LLC, sued Falls Media, LLC, in the Central District of California for trade dress infringement...

This Court's Getting a Little Tired of Defendant's Motions for Reconsideration

Posted on April 28, 2010
In Adidas America, Inc. v. Calmese, the District of Oregon denied the pro se defendant’s motion for reconsideration. In fact, it’s getting a little tired of his motions. The introduction to the court’s order says it all: “For the reasons that follow, the Court DENIES Defendant’s Second Motion for Leave to File a Third Motion for Reconsideration and further ORDERS Defendant not to make, file, or seek leave to file any additional motions with respect to any of the rulings, opinions, or orders addressed in this Order or related to the Court’s adoption of Magistrate Judge Stewart’s Amended Findings and Recommendation in this matter and ORDERS Defendant not to file any motion to reconsider this Opinion and Order...

Court Finds No Trademark Acquiescence Through "Apparent Authority" Theory

Posted on April 27, 2010
In Scentsy, Inc. v. deDisse, wickless candle maker Scentsy filed a trademark infringement suit in the District of Idaho. It claimed its former independent sales person, Mary deDisse, melted down its candle wax, repackaged it in smaller containers, affixed Scentsy’s logo, and sold the altered product to Scentsy’s authorized sales persons for resale...

Is "Law Society" Generic for Bar Associations?

Posted on April 25, 2010
In 1999, S.H. Inc. registered lawsociety.com as a domain name. The Law Society is one of the U.K.’s bar associations. It describes itself as the “representative and regulatory body for the solicitors' branch of the legal profession in England and Wales...

Seven Year Delay, Coupled with Witness' Death, Leads to Dismissal for Laches

Posted on April 22, 2010
In Matsunoki Group, Inc. v. Timberwork Oregon, Inc., plaintiff home builder claimed that defendant home builder infringed its HAIKU HOUSES trademark by displaying a confusingly similar mark on its Web site. The problem was, plaintiff first asserted those claims in 2001, but filed suit in 2008...

Does EKOLAB for Clothing Infringe ECOLAB for Pest Control Services?

Posted on April 21, 2010
Screen shot featuring one of Helly Hansen’sEKOLAB-branded shirts above; Ecolab’s ECOLAB mark below On April 14, Helly Hansen (U.S.) Inc., filed suit in the Western District against Ecolab USA, Inc., seeking a declaration that its use of EKOLAB does not infringe Ecolab’s rights in its ECOLAB registered trademark...

Ninth Circuit Finds Lanham Act No Workaround to FDCA's Bar to Suit

Posted on April 20, 2010
On April 14, the Ninth Circuit considered whether a medical device manufacturer that is not permitted to bring a private right of action to enforce the Food, Drug, and Cosmetic Act (FDCA) may nevertheless maintain a suit under the Lanham Act based on a claim that a competitor violated the FDCA by misrepresenting that its product had received FDA clearance when it had not...

Previous | Next

Related Law Bulletins

Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License
1. He steals your money.2. He steals your money.3. He steals your ...

Immigration Lawyer And Assistant Found Guilty Of Visa Fraud
The United States Attorney's Office for the Southern District of T...

Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains
Have you ever felt that you were wronged? Maybe you noticed it whe...

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him
THIS IS A TRUE STORYA call came in the other day. A hysterical wom...

2 Questions Every New York Malpractice Lawyer Needs To Ask
A potential client calls the office with a story that rambles on a...