Eugene, Oregon intellectual property lawyers represented the Plaintiffs who sued the Defendant on a 15 U.S.C. 1125 Trademark Infringement (Lanham Act) violation theory.

15 U.S.C. 1125 provides:

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any... More...    $0 (12-10-2023 - OR)

Before this Court are two core questions: (1) can the State of Oregon limit the number of bullets to ten, that a law-abiding citizen can fire without reloading; and (2) can the State of Oregon require firearm purchasers to obtain a permit, which imposes various requirements, including a completed background check, safety training, and consideration of mental health status, before purchasing a fire... More...    $0 (07-14-2023 - OR)

Appellant Gold Medal LLC d/b/a Run Gum (Run Gum)
appeals the district court’s order dismissing its complaint.
Run Gum alleged that Appellees USA Track & Field
(USATF) and the United States Olympic Committee
(Olympic Committee) engaged in an anticompetitive
conspiracy in violation of antitrust law by imposing
advertising restrictions during the Olympic Trials for track
a... More...    $0 (08-09-2018 - OR)

Winter recreation has become increasingly popular in the
Deschutes National Forest in Central Oregon, exacerbating
parking shortages and on-snow user conflicts between
motorized and non-motorized recreationalists. In 2012, the
National Forest Service approved the building of Kapka
Sno-Park, a parking lot primarily designed for motorized
recreationalists, and issued an Envir... More...    $0 (09-08-2017 - OR)

Petitioner Kenneth Thomas appeals from judgments
of the circuit court dismissing his petition for a writ
of review and his second amended complaint seeking a
declaratory judgment.1 The proceedings arise out of petitioner’s
objections to an order of the Wasco County Board
of Commissioners granting a permit for an “outdoor mass
gathering” to petitioner’s neighbor. ORS 433.750... More...    $0 (03-01-2017 - OR)

Because this is an equitable case, the Court of Appeals, “acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.” ORS 19.415(3)(b). No party has requested that we exercise our discretion to review de novo. Nevertheless, as explained below, 272 Or App at 635, the trial court’s interpretation of the parties’ settlement agreeme... More...    $0 (08-03-2015 - OR)

Andrew Hickey (Andy) and H & H Cattle Feeders,
Inc. (H & H) appeal a general judgment, challenging two
remedies ordered by the trial court under ORS 60.952 upon
its finding that Andy had engaged in self-dealing between
Hickey Ranches, Inc. (HRI), a closely held family corporation,
and H & H, a company that Andy wholly owned.1 Denis
Hickey (Denis), Andy’s brother and a min... More...    $0 (02-25-2015 - OR)

The League of Wilderness Defenders/Blue Mountain Biodiversity Project and the Hells Canyon Preservation Council (collectively “the LOWD plaintiffsâ€�) appeal from the district court’s denial of their motion to preliminarily enjoin the Snow Basin logging project. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We affirm in part and reverse in part the district court’s order, and remand th... More...    $0 (05-08-2014 - OR)

RMSTRONG, P. J. 1
This case involves a dispute between landowners about their respective 2 ownership rights in a vacated Clackamas County road--Skyland Drive. Defendants are 3 owners of lots within a platted subdivision that contained the original dedication of 4 Skyland Drive. Plaintiffs own parcels of property located across Skyland Drive from 5 defendants' lots, but plaintiffs' parcels were... More...    $0 (01-30-2014 - OR)

2 Defendant Stiglich and plaintiff Minihan are neighbors in a residential area
3 located next to the Willamette River. Plaintiff, along with several dozen other
4 homeowners not including defendant, owns an undivided interest in a narrow lot that
5 provides access to the river. The southern border of plaintiff's access lot runs along the
6 northern border of defendant's property. A... More...    $0 (10-09-2013 - OR)

2 Plaintiff appeals a judgment for defendant on plaintiff's disability
3 discrimination claim, assigning error to an order that granted summary judgment to
4 defendant and an order that denied a motion for a stay. We conclude that the trial court
5 erred in granting summary judgment, which renders the assignment on the stay moot.
6 Accordingly, we reverse the judgment and remand.More...    $0 (10-16-2013 - OR)

2 This case concerns the scope of Clackamas County's contractual obligation
3 to provide health insurance benefits to command officer retirees of the Clackamas County
4 Sheriff's Office. A contract between the county and command officers, including
5 plaintiff, Neil James, required the county to use a particular fund to pay for a certain level
6 of health insurance benefits to comm... More...    $0 (04-11-2013 - OR)

At issue in this case is whether plaintiff has standing under the Uniform Declaratory Judgments Act, ORS 28.020, to seek a declaration that defendant Sisters School District #6 and its Board of Directors (board) lacked authority to enter into a particular form of fi nancing arrangement without a vote of the people. Plaintiff alleged that he has standing because his “status as a taxpayer and vote... More...    $0 (01-17-2013 - OR)

1 Plaintiff and defendant Derek Walker are owners of adjoining properties.
2 Plaintiff brought an action against defendants--Derek Walker and his wife, Cassondra--
3 for interference with an easement, alleging that defendants wrongfully impeded plaintiff's
4 use of a dirt access road that runs through the Walker property. Defendants moved for
5 summary judgment, and the trial co... More...    $0 (11-16-2011 - OR)

2 The parties dispute ownership of a strip of land that runs parallel to
3 defendants' driveway. Plaintiff, who owns residential property adjoining that strip of
4 land, filed suit seeking (1) a declaration that he owns the disputed strip and (2) an
5 injunction prohibiting defendants from trespassing on that property. Defendants
6 counterclaimed, asserting that they acquired the d... More...    $0 (11-02-2011 - OR)

2 These two cases are before this court on certified appeals from the Court of
3 Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's
4 (PERB or the Board) revision or reduction of benefits with respect to so-called "Window
Retirees."1 5 These cases involve the Board's efforts to recoup overpayments of benefits to
6 retirees that were predicated on a 20 p... More...    $0 (10-06-2011 - OR)

2 Plaintiff brought several claims against defendants Scott and Andrea
3 Torrance and the City of Lincoln City arising from a longstanding dispute among the
4 parties about aspects of the operation of plaintiff's landscaping business that resulted in
5 the deposit of windblown dust and dirt onto adjoining property owned by the Torrances.
6 Among other claims, plaintiff sought a pre... More...    $0 (07-13-2011 - OR)

Plaintiffs appeal from a judgment regarding the boundary between their parcel and defendants' parcel. The boundary dispute arises from the existence of two possible locations for a section corner: the "BLM corner" or the "Buckingham corner."(1) The boundary between plaintiffs' and defendants' parcels depends on the corner's location, resulting in a disputed area of .12 acres. Finding for defendant... More...    $0 (06-15-2011 - OR)

In 2004, the City of Portland resolved to update its Greenway Plan for the land along the Willamette River. As part of that process, the city divided the river into three sections: the North Reach, the Central Reach, and the South Reach. The North Reach, a 12-mile stretch between the Broadway Bridge and the confluence with the Columbia River, was the first phase of the update, and in April 2010, t... More...    $0 (06-22-2011 - OR)

Plaintiff is the Architectural Control Committee of Hawkins View, a planned neighborhood in Eugene. Defendants own a lot in Hawkins View that is subject to the Conditions, Covenants, and Restrictions (CCRs) of Hawkins View. Plaintiff initiated this case, seeking a declaration that the CCRs preclude defendants from building more than one house on their lot and an injunction enjoining defendants fro... More...    $0 (03-02-2011 - OR)

The trial court granted defendant's motion to set aside a default judgment on plaintiffs' personal injury claim pursuant to ORCP 71 B(1)(a) ("mistake, inadvertence, surprise, or excusable neglect"), and plaintiffs appeal, contending that defendant failed to establish a basis for relief from the default judgment. Defendant argued to the trial court that relief should be allowed because of his mist... More...    $0 (09-29-2010 - OR)

Plaintiffs brought this action for interference with easement, alleging that defendants had blocked their access to a driveway easement across defendants' property in Deschutes County. Defendants responded with counterclaims alleging that the easement had been extinguished either by abandonment or by adverse possession. The trial court ruled in defendants' favor on both counterclaims and entered... More...    $0 (09-09-2009 - OR)

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.

ORTEGA, J.

This is a dispute over electrica... More...    $0 (09-09-2009 - OR)

Plaintiff appeals from a limited judgment dismissing her common-law claim for wrongful discharge. She based that claim on the allegation that defendant, her employer, fired her in retaliation after she contacted the Oregon Occupational Safety and Health Division (OR-OSHA) to report health and safety violations at employer's place of business. The trial court granted defendant's motion to dismiss... More...    $0 (08-19-2009 - OR)

Plaintiff, a longshore worker, appeals the trial court's dismissal, on summary judgment, of his wrongful discharge claim against his former employer, a ship repair yard. Plaintiff contends that the trial court erred in determining that plaintiff's common-law claim for wrongful discharge was displaced by the existence of an adequate statutory remedy afforded to workers under section 49 of the Long... More...    $0 (04-22-2009 - OR)

Plaintiff brought this action against her former employer, Ann Sacks Tile & Stone, Inc. (ASTS), and its parent company, Kohler Co. She alleged that defendants discriminated against her on the basis of sexual orientation and terminated her employment in retaliation for her complaints about unlawful discrimination. A jury found for defendants on plaintiff's unlawful discharge claim under the Portl... More...    $0 (12-03-2008 - OR)

Defendant appeals a declaratory judgment stating that the conditions, covenants, and restrictions (CCRs) attached to a plat of land in Deschutes County preclude further subdivision or partition of the platted land, and an injunction enjoining defendant and future owners from seeking subdivision or partition of the land. Defendant seeks a reversal of that judgment, arguing that (1) the trial court ... More...    $0 (10-29-2008 - OR)

This appeal arises from an action in equity in which plaintiff sought, among other relief, a declaration that a noncompetition agreement was unenforceable. Defendant counterclaimed for an accounting, for specific enforcement of a contractual right to exercise an option to purchase plaintiff's truck, and for a declaration that the noncompetition agreement was enforceable. Also, each party sought an... More...    $0 (08-13-2008 - OR)

These consolidated appeals bring us once more to the Pacific Northwest, for another round in the complex and longrunning battle over salmon and steelhead listed under the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531-1544. In this ESA action brought by the National Wildlife Federation and other plaintiffs (collectively "NWF"), we consider a November 2004 Biological Opinion ("2004 BiOp") ... More...    $0 (04-25-2008 - OR)

Plaintiff, an attorney, appeals a judgment dismissing his claims for wrongful initiation of civil proceedings. Those claims allege that defendants, attorneys Rein and Teicher and their respective law firms, prosecuted an action against him in federal court without probable cause and with an improper purpose. The trial court granted defendants' motions for summary judgment on the ground that p... More...    $0 (09-26-2007 - OR)

Plaintiff, a corporation that manufactures a product called corrugated high density polyethylene pipe (C-HDPE), brought this action against the City of Portland seeking a declaration that the city's refusal to authorize the use of C-HDPE for its storm sewers violated plaintiff's right to equal treatment under the Oregon and United States Constitutions, and also seeking to enjoin the city from c... More...    $0 (08-22-2007 - OR)

The Tillamook County Creamery Association, the maker of the Tillamook brand of cheese for nearly a hundred years, has a beef with a company called Tillamook Country Smoker, a purveyor of smoked meats and jerky. In 1976, Tillamook Country Smoker began selling its meat products under its name. The cheese people had actual knowledge of Tillamook Country Smoker's activities, but never said a ... More...    $0 (10-12-2006 - OR)

This case concerns the intersection of two First Amendment rights: on the one hand, the classic right of an individual to speak in the town square; on the other hand, the interest organizations have in not being compelled to communicate messages not of their choosing. Plaintiff Edward Gathright is an evangelical Christian who preaches outdoors to the general public. In recent years, he has... More...    $0 (03-01-2006 - OR)

This case concerns the intersection of two First Amendment rights: on the one hand, the classic right of an individual to speak in the town square; on the other hand, the interest organizations have in not being compelled to communicate messages not of their choosing. Plaintiff Edward Gathright is an evangelical Christian who preaches outdoors to the general public. In recent years, he has... More...    $0 (03-01-2006 - OR)

American Coalition of Life Activists and thirteen others (collectively, ACLA)1 appeal the decision of the district court on remand that the $108.5 million in punitive damages awarded by a jury in 1999 for violations of the Freedom of Access to Clinic Entrances Act (FACE), 18 U.S.C. § 248, comports with due process. Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition ... More...    $526336 (09-09-2005 - OR)

The defendants appeal the district court's grant of a preliminary injunction, based on a violation of the Endangered Species Act (or "ESA"), 16 U.S.C. §§ 1531-1544, requiring the United States to pass a specified amount of water through the spillgates of four dams on the Snake River, and one dam on the Columbia River during the summer months of 2005, rather than passing the water through... More...    $0 (07-27-2005 - OR)

Portland police stopped petitioner Yancy for jaywalking. In the course of that contact, the police searched petitioner and discovered less than an ounce of marijuana. The police then issued petitioner a citation that excluded him from two Portland city parks for a period of 30 days. Petitioner timely appealed to the City of Portland Hearings Officer, which affirmed the exclusion. After the excl... More...    $0 (09-16-2004 - OR)

in June 2003 to become vice president of U.S. footwear sales and merchandising at Reebok, one of Nike's competitors. Nike sought a preliminary injunction to prevent McCarthy fro... More...    $0 (08-10-2004 - OR)

Plaintiffs (appellees here) include A.J. Madison, a mentally incapacitated criminal defendant who was detained in a county jail while awaiting transfer to OSH, and two nonprofit organizations that represent such defendants. Plaintiff Oregon Advocacy Center ("OAC") is a federally authorized and funded law office established under the Protection and Advocacy for Mentally Ill Individuals Act ... More...    $0 (03-06-2003 - OR)