How many trademark cases are currently pending with the Western District of Washington? As of December 17, thirty-eight. That’s 38 cases that the Western District’s PACER database identifies as being “open” and having “trademark” designated as the “nature of suit.” These cases are distributed relatively evenly throughout the bench: Seattle-based Judges Martinez, Pechman, Robart, and Zilly each has six; Judge Coughenour has five; Judge Lasnik has two; and Judge Donohue has one. In Tacoma, Judge Burgess has three and Judges Arnold, Bryan, and Leighton each has one. Nintendo of America, Inc. v. What’s On, Inc. (alleging trademark and copyright infringement) is the longest-pending trademark case at 783 days (filed October 25, 2004), followed by Microsoft Corp. v. John Does 1-50 d/b/a myauctionbiz.biz (alleging false designation of origin and violation of the CAN-SPAM Act) at 781 days. The shortest pending trademark case is Cascade Yarns, Inc. v. Crafts Americana Group, Inc. (alleging false designation of origin and dilution), filed on December 13.
By my count, from October 25, 2004 (the date Nintendo v. What’s On was filed), to December 17, the Western District closed an additional 206 trademark cases. The most litigious plaintiff? Microsoft, by far, with 124 cases filed — the overwhelming majority of which against John Doe defendants.
It would take some time, but I’d find it interesting to learn how the closed cases were disposed of. Were most of them settled? Dismissed on Rule 12 grounds? Dismissed on summary judgment? How many went to trial? How many of those were jury trials? How many did the plaintiff win?
And even more interesting (but requiring correspondingly more research): which judges granted the most preliminary injunctions? Which judges denied the most? Which were the most likely to dismiss on summary judgment? Which were the most likely to exclude experts? Hopefully I can undertake some of this research in the weeks ahead. My hunch is that the results would be worth the effort.