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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

An Outrageously Good Post on the Freecycle Naked Licensing Case

Posted on December 07, 2010
Outrage is right. Property, intangible’s Pamela Chestek expresses it over the Ninth Circuit’s treatment of naked licensing in the FreecycleSunnyvale v. The Freecycle Network case that STL discussed last week. Shows you who I hang out with, but two different friends mentioned Ms...

Professionalism's Easy. Don't Be a Jerk.

Posted on December 05, 2010
Don’t be a jerk. It’s that simple. A big part of professionalism is common courtesy. I’m no expert, but I know being a lawyer is so much more fun and rewarding when the jerk factor’s at a minimum. Showing respect...

Seattle's U.S. Attorney's Office Seizes Domain Names Linked to Counterfeiting

Posted on December 01, 2010
The U.S. Attorney’s Office in Seattle says it seized the domain names of four Web sites suspected of selling counterfeit Nike and Timberland footwear, NFL jerseys, and illegal downloads of copyrighted movies. (Press release here; Seattle P-I story here...

Ninth Circuit Affirms Dismissal of Trademark Claim Based on Naked License

Posted on November 28, 2010
FreecycleSunnyvale belongs to The Freecycle Network, an organization that facilitates the recycling of goods. FreecycleSunnyvale (FS) filed suit against The Freecycle Network (TFN) seeking a judgment of noninfringement arising from a trademark licensing dispute...

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Western District Denies Injunction Against Canadian Supplement Seller

Posted on November 23, 2010
Plaintiff Preferred Nutrition, Inc., sells health supplements. It hired defendant Lorna Vanderhaeghe, a Canadian citizen, as an independent consultant to help launch a new line of women’s supplements in Canada. Each supplement in the line ends with the suffix “Sense,” such as ESTROSENSE and MENOSENSE...

Consumer Lacks Standing to Assert False Advertising Claim Against Manufacturer

Posted on November 22, 2010
Even if Hostess’ statement was untrue, a consumer had no standingto assert a false advertising claim because he wasn’t a competitor. Plaintiff Victor Guttmann filed a putative class action in the Central District of California against defendant Hostess Brands, Inc...

"Brand Name Auction"?

Posted on November 18, 2010
Trademarks for sale!! Come and get ‘em! This is bizarre. Bob Cumbow sent me a link to a Web site advertising a “brand name auction.” The site states: “Buy a priceless Trademark, including its Domain Name, and reinvent its commercial success...

We're Loyal to Our Favorite Brands Because They Become Part of Us

Posted on November 17, 2010
I woke up to this story on NPR. It’s a “Marketplace” piece talking about why consumers are so loyal to their favorite brands. Host Steve Chiotakis kicks around the idea with USC marketing professor Joe Priester. CHIOTAKIS: “I’ve got to tell you, I love Frosted Flakes...

Western District Modifies Preliminary Injunction Order Against Under Armour

Posted on November 15, 2010
A battle of batting helmets: Rawlings’ helmet (left), which Rawlingsalleges Under Armour used (right) with Under Armour’s logo On Oct. 27, Western District Judge Marsha Pechman granted Rawlings Sporting Goods Co.’s motion for a preliminary injunction against Under Armour, Inc...

Comply with Even Routine Court Orders or Risk Dismissal

Posted on November 15, 2010
In the trademark case of Baxter v. John Doe I-X, Western District Judge Thomas Zilly ordered the parties to show cause why their case should not be dismissed for failing to comply with the court’s deadline for filing a joint status report. The parties didn’t respond...

Court Denies Motion to Review Attorney's Fees Records in Camera

Posted on November 10, 2010
In April, National Products won its false advertising trial against Gamber-Johnson LLC. (Last STL post on the case here.) The court awarded it attorney’s fees. National Products then moved to submit the billing records supporting its request for fees in camera, while submitting a redacted version to Gamber-Johnson...

Ninth Circuit Finds Insurer Had Duty to Defend Trademark Infringement Claim

Posted on November 08, 2010
The Pittsburgh Steelers’ “Steel Curtain”: “Mean” Joe Greene,L.C. Greenwood, Ernie Holmes, and Dwight White Last week, the Ninth Circuit decided a relatively rare insurance coverage case involving claims of trademark infringement...

Ninth Circuit Reverses Harsh Dismissal of Claims, Encourages Attorney Civility

Posted on November 08, 2010
Wow, that’s some harsh judging. From the Ninth Circuit’s Nov. 3 decision in Ahanchian v. Xenon Pictures, Inc., which involved claims of unfair competition under the Lanham Act: “[Plaintiff/appellant] Amir Cyrus Ahanchian’s counsel moved for a one-week extension of time to file his opposition to defendants’ summary judgment motion, citing as good cause: (1) the extremely short eight day response deadline (with three of those days falling over a federal holiday weekend) created by the combination of an unusual local rule and defendants’ litigation tactics; (2) his preplanned absence, beginning the day defendants filed the motions, in fulfillment of an out-of-state commitment; and (3) the large number of supporting exhibits attached to defendants’ motion...

Priority Evidence Insufficient to Support Hana Bank's Summary Judgment Win

Posted on November 03, 2010
The Central District of California granted summary judgment against Hana Financial, Inc., in its trademark infringement suit against Hana Bank. It did so based on an advertisement that Hana Bank produced that predated Hana Financial’s first use by a year...

Ninth Circuit Affirms Dismissal of Seattle Law Firm's Cybersquatting Case

Posted on November 02, 2010
Interesting contrast to yesterday’s post. Both cases involved a Web developer who believed he was owed money, and when the money wasn’t forthcoming, took the Web site offline. The plaintiff won the suit that followed in DSPT Int'l, Inc...

Bad Faith Intent to Profit After Innocent Registration Constitutes Cybersquatting

Posted on November 01, 2010
“Even if a domain name was put up innocently and used properly for years, a person is liable under 15 U.S.C. § 1125(d) if he subsequently uses the domain name with a bad faith intent to profit from the protected mark by holding the domain name for ransom...

STL on Infringement Safari: China, Part 3

Posted on October 28, 2010
Hey, they keep me entertained, but enough’s enough. So here’s the final installment of STL’s “infringement safari” from my trip to China. (Catch up with Part 1 and Part 2) Today’s theme is coffee. Here’s the logo from Seattle’s Tully’s Coffee and an admirer from Beijing: Seattle’s Tully’s Coffee; Beijing’s Tully Coffee Ok, law school exam time...

STL on Infringement Safari: China, Part 2

Posted on October 27, 2010
I was having so much fun in China on infringement safari, I couldn’t resist a second installment. Here are some more snaps from Xi’an: The original and a fan As mentioned yesterday, this was a from brick-and-mortar store, not a back alley market...

Settlement Allows The Learning Channel to Continue Using "Cake Boss" Name

Posted on October 24, 2010
Settlement: TLC can continue using the “Cake Boss” name after all I had envisioned writing a little about trademarks in China, but that will have to wait. Back from vacation, I was greeted this morning with news that the “Cake Boss” case has settled...

No Commerical Interest Means No Standing, Seventh Circuit Says

Posted on October 06, 2010
Someone with a little too much time on her hands Yahooed! herself. To her dismay, the search results linked to Web sites and ads that the searcher found “shameful.” So Beverly Stayart did the natural thing a person with too much time (and worse yet) too much money would do...

STL Goin' to China, Back to Blogging on October 24

Posted on October 06, 2010
Great Wall of China: Hopefully I’ll get a photo like this STL will be on hiatus while I’m on vacation. Goin’ to China. Eating, drinking, and sight-seeing my way from Beijing to Xi’an to Shanghai. Back, refreshed and full of trademark updates, on Sunday, Oct...

Microsoft Files Cybersquatting Case Over Defendant's Use of "Bing"

Posted on October 04, 2010
Microsoft alleges defendant’s use of “bing” in his domain name takes Internet users to this Web page It’s been a while since STL has posted on a Microsoft cybersquatting case. The wait is over. Last week Microsoft Corp...

Your Company in Court? You Need a Lawyer. No, Really.

Posted on September 29, 2010
This week’s Puget Sound Business Journal cover story (subscription req’d) isn’t about a trademark case. But it easily could have been. The article talked about a business owner who tried to cut costs by going it alone in court...

Though Geographically Descriptive, Claim Mark Was Suggestive Not Groundless

Posted on September 28, 2010
STL posted on Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC in January, after the Northern District of California granted summary judgment in favor of the defendant on plaintiff’s trademark infringement claims. The case was interesting — two northern California companies both claiming rights in the same name, which the court ultimately found was geographically descriptive...

Alleged Confusion Over Mark Not Enough to Prevail in Google Keyword Case

Posted on September 21, 2010
Daniel Jurin owns the trademark STYROTRIM for building materials. Mr. Jurin sued Google, Inc., for false designation of origin for displaying “Styrotrim” as a commonly-searched term and making the term available for purchase to plaintiff’s competitors...

Uwajimaya Sues Over "Waji's" Trademark Filings

Posted on September 20, 2010
The Waji’s concession at Seatac. (Photo from defendant’s Web site) Who’s entitled to register WAJI’S? Plaintiff Uwajimaya, Inc., says it’s the only one who is. On Sept. 14, it filed suit in the Western District against Concourse Concessions, LLC, to establish that point...

Doesn't Happen Often, But Bankruptcy Filing Can Frustrate Trademark Case

Posted on September 15, 2010
Court’s order following the defendant’s bankruptcy filing We don’t see it very often, but a bankruptcy filing can frustrate a trademark infringement claim. Or it can be a needed escape hatch for a trademark infringement defendant. Either way, it shouldn’t be forgotten as a factor in trademark infringement litigation...

Court Grants Preliminary Injunction in Trademark Ownership Dispute

Posted on September 14, 2010
You can’t transfer more than you own. On Sept. 1, the Eastern District applied that basic tenet of property law to the issue of who likely owns the trademark RELIANCE in connection with trailers. The first party claiming to own the mark is plaintiff Pacific Coast Trailers, LLC, which licensed the mark from the Reliance Trailer Manufacturing Corporation...

Western District Grants TRO Against Trademark Infringement Plaintiff

Posted on September 13, 2010
Medical Communications Resources, Inc., sued Global Initiative for Asthma, Inc. (GINA), and Global Initiative for Chronic Lung Disease, Inc. (GOLD) in the Western District for trademark infringement, among other claims. GINA and GOLD counterclaimed for breach of contract and moved for a temporary restraining order...

Western District Denies Summary Judgment Over Trademark Ownership

Posted on September 09, 2010
Plaintiff Trade Associates, Inc., sued defendant Fusion Technologies Inc. in the Western District on various patent issues and for breaching an alleged royalty agreement. Fusion filed a counterclaim asserting an ownership interest in Trade Associates’ DURA-BLOCK mark in connection with sanding blocks for sanding automobiles...

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