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Plaintiffs Make Up for Lost Time with Six Trademark Lawsuits So Far in March

After a slow start in 2007, plaintiffs are making up for lost time. Two trademark suits were filed in the Western District in January. Only one was filed in February. And in March, there already have been six. Here’s a summary of the latest:

*Evergreen Moneysource Mortgage Co., Inc., v. Lundberg, No. 07-5127 (filed March 19). The Seattle-based mortgage lender alleges that defendants’ use of EVERGREEN MORTGAGE in connection with their competing Seattle-based mortgage lending business infringes plaintiff’s trade name and service marks, including EVERGREEN MONEYSOURCE MORTGAGE COMPANY, EVERGREEN MONEYSOURCE, and EVERGREEN HOME LOANS.

*Cascade Fresh, Inc. v. Lifeway Foods, Inc., No. 07-0374 (filed March 13). Plaintiff sells health foods, including a specialty brand of smoothies under the trademark GO WITH THE FLOW. Defendant competes with plaintiff and allegedly uses the slogan “Go with the Flow” in its ads, which plaintiff alleges is likely to cause confusion with plaintiff’s mark.

*Hi-Rise Technology, Inc. v. Amatuerindex.com, No. 07-0349 (filed March 8). Plaintiff owns the registered service mark THE AMATEUR INDEX. Plaintiff alleges defendant is using plaintiff’s mark in its domain name, amateurindex.com, in violation of the Anticybersquatting Consumer Protection Act.

*Northstar Neuroscience, Inc. v. Neuronetics, Inc., No. 07-0351 (filed March 7). Both parties are medical device companies. Plaintiff alleges that defendant’s use of the marks NEUROSTAR, NEUROSTAR TMS THERAPY, NEUROSTAR and Design, and NEUROSTAR TMS THERAPY and Design infringe Plaintiff’s trade name and trademark NORTHSTAR NEUROSCIENCE.

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