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Latest from Miller Nash Graham & Dunn LLP

Speaking today at a seminar sponsored by the University of Oregon, Senator Michael Dembrow and Representative Karin Power stated that they intend to introduce cap and invest legislation by the end of this month. The system is aligned with the Western Climate Initiative, the members of which include California and Quebec. The general idea is to set a limit on carbon emissions from certain sectors of the economy, including power generation and transportation. Regulated entities in…
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, continues to be amended to address errors and omissions in the original regulations. Proposition 65 applies to all businesses in the chain of commerce in California and requires all businesses to provide a “clear and reasonable” warning before knowingly and intentionally exposing any individual in California to one of nearly 1,000 listed chemicals. While Proposition 65 has been on the…
In early November, we reported that the U.S. Supreme Court was considering whether to hear Olivia de Havilland’s appeal of the dismissal of her right-of-publicity and false-light privacy claims against the producers of the popular television miniseries Feud, in which de Havilland didn’t care for the way she was depicted. We predicted that, in light of prior cases protecting film producers against such claims under the First Amendment, “the U.S. Supreme Court is likely to…
The U.S. Supreme Court has agreed to hear arguments in the case of Iancu v. Brunetti. This, as you may recall, is an appeal regarding the constitutionality of the Lanham Trademark Act’s section 2(a) provision precluding registration of “immoral” or “scandalous” trademarks. In the wake of the much-discussed 2017 Supreme Court decision in Matal v. Tam, finding that the “disparaging marks” provision of that same section violates the First Amendment, the U.S. Patent and Trademark…
Stormwater overflows and similar accidents are a frequent source of damage in Oregon and the Pacific Northwest generally. Insurers often deny coverage for resulting damage under the “surface and flood” waters exclusion. A recent case out of the U.S. District Court of Oregon held that surface and flood water insurance exclusions do not apply to man-made sources. In Veloz v. Foremost Ins. Co. Grand Rapids, Mich. (2018), the court held that surface and flood water…
Miller Nash Graham & Dunn LLP construction attorney James Walker was recognized as a 2018 Phenom by the Daily Journal of Commerce Oregon (DJC Oregon) on December 13 in Portland, Oregon. DJC Oregon’s newest award program honors local building industry’s longtime leaders while recognizing the up-and-coming professionals expected to share the future of architecture, engineering, construction, development, transportation, energy, and sustainability in the region. Click here to read the press release.…
In my September 11 blog post, Give Me Liberty, or Give Me Death?, I noted that the First Circuit’s decision in Tempnology—that rejection of a trademark license in bankruptcy divested the nondebtor licensee of its right to use the trademark—was subject to the licensee’s pending petition for certiorari. On October 26, 2018, the United States Supreme Court granted that petition and is expected in 2019 to resolve the circuit split on the effect of…
A California cannabis company can sue in Washington State for infringement of its trademark by a Washington marijuana producer, according to an October 29 opinion issued by Washington’s Court of Appeals, Division One. Headspace International had sued to protect its rights in its trademark THE CLEAR against a Washington marijuana business’s use of the same mark in connection with its own sales of cannabis products. The trial court had dismissed the suit, finding that Headspace…
The Federal Circuit ruled on October 30 that the International Trade Commission had applied the wrong analysis in adjudicating plaintiff Converse’s trademark claims against Skechers and New Balance arising from the design of an athletic shoe. The holding remands the case and keeps Converse’s suit against its competitors alive. But more usefully, the opinion offers a clarification—some might say a revision—in how courts will examine whether an alleged trade dress has acquired the requisite secondary…
Sometime this month, the United States Supreme Court will announce whether it will grant certiorari to hear an appeal of Olivia de Havilland’s case against the producers of the popular television miniseries Feud. The series dramatized the legendary animosity between old Hollywood superstars Joan Crawford and Bette Davis. De Havilland—portrayed by Catherine Zeta Jones—was a minor character in the series. She didn’t care for the way she was presented and sued the producers, FX Networks,…