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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

First Amendment Protects Grand Theft Auto Against Trademark Infringement

Posted on November 10, 2008
The First Amendment protects the makers of the Grand Theft Auto: San Andreas video game against claims of trademark infringement, the Ninth Circuit found Nov. 5. In E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., the owner of the Play Pen strip club sued the video game maker that allegedly depicted the club and its trademark in its fictional version of Los Angeles called “Los Santos...

Failure to Allege Fame Results in Denial of Default Judgment in Dilution Case

Posted on November 10, 2008
On Nov. 4, the Northern District of California provided a reminder that a dilution claim requires fame — on a nationwide basis. Failure to allege nationwide fame was sufficient reason for the court to deny the plaintiff’s motion for entry of default judgment in Corsair Memory, Inc...

Charter Construction Settles Logo Dispute with Charter Mechanical Contractors

Posted on November 06, 2008
Plaintiff Charter Construction’s logo (top), withdefendant Charter Mechanical’s old (middle) and new logos Plaintiff Charter Construction, Inc., is a Seattle-based general contractor with an office in Portland, Ore...

Will Mooberry Be Next on Pinkberry's List?

Posted on November 03, 2008
This weekend in Seattle’s Ballard neighborhood I came across Mooberry, another frozen yogurt shop that uses BERRY in its name as well as a swirl as part of its design mark. STL readers may recall that the frozen yogurt maker Pinkberry filed suit in the Western District last month against a Seattle-based frozen yogurt shop called Yoberry...

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STL Weekend Update - Developments in Peso's, Hendrix Electric Trademark Cases

Posted on October 26, 2008
Apologies for the blogging slowdown. I’ve been in depositions in the cool (and I do mean cold) city pictured above, and will return on Tuesday for more. (Hint, it’s where Seattle’s last professional sports team was moved before the Sonics went to Oklahoma City...

Peso's and Matador Settle "Restaurant Wars" Trade Dress Case

Posted on October 22, 2008
Owners of Peso’s and the Matador restaurants have settled their trade dress and unfair competition case, a lawyer involved in the trial told me today. (Last STL post on the case here.) But darn it, the Seattle Weekly scooped me with this post...

The Government's Hiring Judges!

Posted on October 16, 2008
In this down economy, there’s at least one outfit hiring — the federal government! The U.S. Patent and Trademark Office is looking for two administrative law judges to serve on the Trademark Trial and Appeal Board. Here are highlights from the job posting...

Expanded Top-Level Domain Scheme to Challenge Trademark Owners

Posted on October 14, 2008
The October issue of InsideCounsel magazine reports on ICANN’s plan to release an almost infinite number of new top-level domain names. The Internet Corporation for Assigned Names and Numbers will expand beyond the 21 generic top-level domains currently available (such as ...

Eastern District Dismisses Lanham Act Claim for Lack of Standing

Posted on October 12, 2008
Plaintiff Melvin Ott sued Ingenix, Inc., in the Eastern District for listing him as a consultant in a proposal it made to the State of Montana. The State of Montana awarded Ingenix the bid — to develop fee schedules for the state — but Ingenix did not use Dr...

Federal Trademark Office Launches "Consistency Initiative"

Posted on October 08, 2008
Ever file three trademark applications with only slight variations, only to get three different examining attorneys arrive at three different decisions? That kind of result is what the U.S. Patent and Trademark Office hopes to avoid...

Pinkberry Sues Yoberry for Federal Trademark Infringement

Posted on October 07, 2008
Berry similar? Pinkberry accuses Yoberry of ripping off its marks In September, the Pinkberry, Inc., chain of frozen yogurt shops filed a trademark infringement suit in the Western District against the Seattle-based Yoberry, Inc...

Ninth Circuit Affirms Fees Award in Counterfeit Jeans Case

Posted on October 07, 2008
In 2005, D.A.D.S. Denim, Inc., filed suit in the Central District of California against Lillian Ramirez on the ground that she had sold and offered for sale hundreds of counterfeit jeans bearing its trademark. In 2006, D.A.D.S. presented evidence at trial that Ms...

Update in Ongoing Peso's v. Matador Trade Dress Trial

Posted on October 05, 2008
On Friday, I talked with one of the lawyers representing the owners of Peso’s in their claims against the owners of the Matador in Seattle’s restaurant wars trade dress trial. (Most recent STL post on the case here.) Here’s an update: The case is about halfway through the expected six-week trial...

Western District Finds No Basis for Declaratory Judgment Claim

Posted on October 03, 2008
Excerpt from plaintiff’s Web site at kooks.com No case or controversy exists between Global DNS, LLC, and Kook’s Custom Headers, Inc. That’s what Western District Judge Robert Lasnik found on Sept. 22 when he dismissed plaintiff’s declaratory judgment claim that its registration and use of kooks...

Congress Passes Anti-Counterfeiting Bill

Posted on September 30, 2008
The “PRO-IP” bill, otherwise known as the “Prioritizing Resources and Organization for Intellectual Property Act of 2008,” passed the House on Sept. 28 and is headed for the White House. If signed, the bill would revise a number of existing statutes relating to counterfeiting, including the Lanham Act...

Mark Can Be Counterfeit Even When the Genuine Mark Is Not Used on Same Goods

Posted on September 29, 2008
On Sept. 26, the Ninth Circuit found that a mark can be counterfeit even when the genuine mark is not used on the same goods. Defendant Able Time, Inc., imported a shipment of watches bearing the mark TOMMY, which is a registered trademark owned by Tommy Hilfiger Licensing, Inc...

Washington Mutual Failure Serves as a Painful Reminder that Goodwill Is Fragile

Posted on September 28, 2008
Tough times ahead: Message from WaMu’s Web site Washington Mutual’s failure and subsequent fire sale to New York-based JPMorgan Chase will undoubtedly hurt the Seattle legal community, not to mention Seattle as a whole. WaMu was downtown Seattle’s biggest tenant...

Microsoft, Starbucks, and Amazon.com Remain Seattle's Top 3 Brands

Posted on September 25, 2008
Seattle’s three biggest brands all gained value this year, according to Interbrand Corp.’s “Best Global Brands 2008” survey. Like last year, Microsoft Corp., Amazon.com, Inc., and Starbucks Corp. were the only three Seattle-based brands to make the list...

Amici File Brief Supporting Dismissal of Jones Day's Trademark Infringement Suit

Posted on September 22, 2008
Amici Public Citizen, the Electronic Frontier Foundation, and the Citizen Media Law Project have come the rescue of Blockshopper.com, Brian Timpone, and Edward Weinhaus in their defense against law firm Jones Day’s trademark infringement suit...

Approving Corporation's Trademark Infringement Can Cause Personal Liability

Posted on September 21, 2008
The default judgment in Century 21 Real Estate, LLC v. Raritan Bay Realty, Ltd., illustrates that an officer can be personal liable for its employer’s trademark infringement. All that’s needed is authorization and approval. In Century 21, the defendant corporation entered into a franchise agreement with the plaintiff and continued to use the licensed trademarks after plaintiff terminated the agreement...

From Two Pesos to Peso's: More Local Press on Tex-Mex Trade Dress Suit

Posted on September 18, 2008
The local press is loving the restaurant trade dress war that’s being played out this week in King County Superior Court. The case pits the owners of Peso’s against the owners of the Matador in what could be a Seattle re-telling of Two Pesos v...

From Two Pesos to Peso's: More Local Press on Tex-Mex Trade Dress Suit

Adidas-Payless Court Found Decorative Design Can Cause Dilution

Posted on September 17, 2008
This case is too meaty to let go. So here’s one last bite — a rundown on how the District of Oregon analyzed the dilution claim in Adidas America, Inc. v. Payless Shoesource, Inc. The unhappy Payless moved for a new trial based in part on its claim that the Trademark Dilution Revision Act and its predecessor, the Federal Trademark Dilution Act, both require the defendant to use a trademark to blur or tarnish the plaintiff’s famous trademark...

No Unfair Competition in Trial Over Competing Spiritual Seminars

Posted on September 16, 2008
A Thurston County Superior Court jury yesterday found in favor of spiritual teacher JZ Knight and against her former student, Whitewind Weaver, local newspapers report. Ms. Knight, founder of the Ramtha School of Enlightenment in Yelm, Wash. (pictured left), sued Ms...

Adidas-Payless Court Finds No Juror Misconduct, Reduces Damages to $65M

Posted on September 15, 2008
On Sept. 12, the District of Oregon explained the mysterious “juror letter” in the Adidas America, Inc. v. Payless Shoesource, Inc., trademark infringement case and found that it did not contain sufficient grounds for a new trial...

Local Media Spotlight Restaurant Trade Dress Trial

Posted on September 13, 2008
The Peso’s vs. Matador restaurant ripoff case starts Monday. The lawsuit, which Peso?s Kitchen and Lounge owners El Diablo, Inc., and Brian Hutmacher filed against Mel-Opp & Griff LLC and the other owners of competing Tex-Mex restaurant The Matador, accuses the latter of copying the former’s distinctive menu and decor...

Ninth Circuit Finds Mustang Ranch Purchasers Have Trademark Rights

Posted on September 11, 2008
The 2003 eBay purchasers of Nevada’s Mustang Ranch have trademark rights in that mark, the Ninth Circuit has decided. The court’s Sept. 4 decision affirmed the District of Nevada’s rejection of plaintiff David and Ingrid Burgess’ claim that L...

Electric Hendrix Appeals Western District's Infringement Decision

Posted on September 09, 2008
Not surprisingly, the marketers of Hendrix Electric vodka have decided to appeal. On Aug. 7, Electric Hendrix, LLC, and the other defendants lost cross-motions for summary judgment in which Western District Judge Thomas Zilly found their HENDRIX ELECTRIC, HENDRIX ELECTRIC VODKA, JIMI HENDRIX ELECTRIC, and JIMI HENDRIX ELECTRIC VODKA trademarks infringe the AUTHENTIC HENDRIX, EXPERIENCE HENDRIX, and JIMI HENDRIX marks owned by plaintiffs Experience Hendrix, LLC, and Authentic Hendrix, LLC...

Please Bear with the Technical Difficulties

Posted on September 08, 2008
I’ve had some technical difficulties today. My apologies. Thanks for hanging in there. Things should be back to normal soon.

Bungie Sues Xtreme Beverages Over "Bungie" Mark

Posted on September 08, 2008
On Aug. 27, Kirkland, Wash.-based video game maker Bungie, LLC, filed suit in the Western District against New Jersey-based energy drink maker Xtreme Beverages, LLC, and its owners for trademark infringement. At issue are the beverages defendants market under the names “Bungie Energy Drink” and “Bungie Sugar-Free Energy Drink,” which plaintiff claims infringe its federally-registered BUNGIE trademark in connection with computer games...

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