Seattle Trademark Lawyer

This isn’t a strictly a trademark update, but I can’t help but come full circle in the case of The Christensen Firm v. Chameleon Data Corp. (for background see STL coverage from Feb. 14, Feb. 20, May 5, and June 1). This is the case where the law firm claimed its Web developer took over three of the firm’s domain names and disabled the firm’s email system in an effort to gain an upper hand in a dispute over the Web developer’s bill. The Western District dismissed plaintiff’s domain name misappropriation claim on summary judgment and, in a jury trial, the Web developer was vindicated. Then, the law firm moved for a new trial on the alleged ground that the Web developer offered its former attorney as a surprise witness and unfairly took advantage of an order in limine by making arguments aimed at the subjects of its own motion in limine. Today, in a minute order, Judge Thomas Zilly denied the motion. Still remaining is STL’s question about whether the Web developer will press its claim for attorney’s fees based on its argument that plaintiff’s domain name misappropriation claim was exceptional under the Lanham Act. Seems doubtful at this point, but in the interests of closure, it’d be nice to see how the court would decide that issue.

The case cite is The Christensen Firm v. Chameleon Data Corp., No. 06-337 (W.D. Wash.) (Zilly, J.)

I’ll be heading to Boise, Idaho, on July 10 to speak at Law Seminar International’s Technology Law conference. I’ll be presenting on “Practical Tips for Use of Trademarks,” which the brochure describes as: “How should search engines, web linking, and new logo placement opportunities affect your trademark licensing program? What are the minimum requirements and for best practices policing trademark misappropriation on the Internet?” As the title suggests, I intend to focus on practical tips, such as essential elements in trademark licensing agreements and how to avoid having your cease-and-desist letter embarrass your client and you when it’s posted on the Internet. When the program is over, I’ll post my slides. More info on the program here.

On June 20, plaintiffs White Cap Construction Supply, Inc., and HD Construction Supply, Ltd., filed a Stipulation and Order of Dismissal of its cybersquatting case against defendants the Domain Name Whitecap.com, in rem, and the domain name registrar A W Registry, Inc., in personam. 

The dispute centered on defendants’ registration of Whitecap.com, which plaintiffs claimed wrongly incorporated White Cap Construction’s federally-registered WHITE CAP trademark.

Plaintiffs also claimed that Whitecap.com was registered by Todd Esrey, who allegedly had registered other domain names in bad faith and in 2004 had default judgment entered against him in the Northern District of California in another cybersquatting case.

Defendants never answered plaintiffs’ complaint.

The case cite is White Cap Construction Supply, Inc. v. Whitecap.com, No. 07-1881 (W.D. Wash.).

I’ve heard rumblings about this but can’t get any confirmation. Is Starbucks suing a Japanese coffee company with a green-and-white concentric circle logo? That’s what this post from February 2006 — repackaged in another blog’s post this week — suggests:

“Starbucks is also suing Japan’s Mt. Rainier Espresso & Milk for copyright infringement. Mt. Rainier is a mountain in Seattle, which is the home of Starbucks. The Mt. Rainier logo of the Japanese company resembles the Starbucks logo.”

A Mt. Rainier coffee commercial features Scarlett Johansen and
a green-and-white concentric circle logo.

I assume the author means that Starbucks is suing Mt. Rainier for trademark infringement, given the context of the post. However, I haven’t been able to find anything else about this suit, if there even is one. I wouldn’t be surprised if there is (or was), given the the similarity between the designs and Starbucks’ vigilance in policing its mark. (Take the filing of its notice to extend time to oppose registration of Seattle’s Rat City Rollergirls’ logo, for example.)

That would be interesting, as Mt. Rainier apparently is no small-time player in the Japanese beverage market. Its commercials featuring Scarlett Johansen suggest financial muscle. (Click here to view two such commercials, one of which less interestingly also features the Seattle skyline.)

If anyone knows about this dispute — if there even is one — please share!

Managing Intellectual Property magazine recently published a “short guide to some of the more popular blogs covering trade mark and other IP law around the world,” which I’m happy to report includes STL. It’s a good resource for discovering new international trademark blogs that U.S. practitioners may not regularly read — from Afro-IP and Catch Us If You Can!!! to Lvcentinvs and Spicy IP. Remember, you can easily translate foreign language blogs using Babel Fish or Google. This collection is well worth checking out.