In January, Seattle- and Marysville, Wash.-based Alpine Mortgage Services, Inc., filed suit in the Western District against Lake Oswego, Ore.-based Alpine Mortgage, LLC, for trademark infringement and breach of a settlement agreement.
Turns out, plaintiff sued the wrong “Alpine” entity, which led the defendant to deny liability and counterclaim seeking an award of attorney’s fees based on a prevailing-party clause in the parties’ settlement agreement. In June, after plaintiff settled with the proper “Alpine” entity, Judge Thomas Zilly granted plaintiff’s to dismiss its claims against the defendant but retained supplemental jurisdiction over defendant’s counterclaim.
It took three months, but the parties apparently worked out their dispute over fees. On Oct. 1, they filed a Stipulated Order of Dismissal dismissing all claims and counterclaims between them without an award of fees or costs to either party.
The case cite is Alpine Mortgage Services, Inc. v. Alpine Mortgage, LLC, No. 09-138 (W.D. Wash.).