 Cascade's Portland, Oregon head office. |
Forklift attachments manufacturer Cascade Corp prefers to use a velvet glove in protecting its intellectual property but, as needed, vigilantly pursues litigation against infringers.
"We value our innovations and intellectual property and do pursue protecting that intellectual property via the legal systems, patents, trademarks and standard protection," says Kevin Kreiter, Cascade vice president of engineering. "We will enforce those patents and protections of intellectual property to the limits of the law if forced to."
Recently, an outside law firm representing Cascade has issued letters to several US importers, buyers and resellers of a fork hanger and latch pin assembly that infringes one of the relevant US, Canadian or European patents issued to Cascade.
"Several Chinese companies are exporting infringing forks to North America and Europe," says Peter Staples, an attorney representing Cascade. "Cascade wrote letters to the importers advising them of Cascade's patent rights and seeking assurances that they have not, or will not in the future, purchase or sell infringing forks." As of 6 August, "all US companies who have responded to Cascade's letters are co-operating". Staples is a patent attorney with the law firm Chernoff, Vilhauer, McClung & Stenzel, LLP of Portland, Oregon.
Staples indicates that Cascade "prefers to resolve infringement problems with courteous letters advising infringers of Cascade's patent rights and seeking an amicable resolution. It has been our experience that most infringers do not mistake courtesy for lack of resolve."
Cascade sued Texas limited liability company Trading Point LLC on 29 July 2008 for infringement of the Cascade trademark, false advertising and unfair competition and requested a jury trial in the US District Court in Portland
(Forkliftaction.com News #373). A summons was served on Trading Point's registered agent on 8 August 2008.
The lawsuit cited Trading Point advertisements for "sideshift bearings, segments and slides" in the February 2008 and August 2008 issues of the monthly magazine
Material Handling Wholesaler of Dubuque, Iowa. The ads falsely implied that the displayed Chinese-manufactured products "were genuine Cascade parts", according to the court filing.
A final judgment on consent between Cascade and Trading Point was filed 21 July 2009.
Under the court-ordered consent agreement, Trading Point was required to advertise the settlement agreement and release, pay Cascade USD16,000 and deliver its remaining inventory of non-Cascade replacement parts to Cascade. The agreement says Trading Point admits no liability for any claims for relief from the Cascade court filing.
Earlier, Cascade filed a lawsuit against forklift attachment maker Durwen Maschinenbau GmbH of Plaidt, Germany to enforce a Cascade patent relating to the infringement of a Durwen fork positioner and load clamp that was manufactured in Germany. "In the middle of the trial, the lawsuit settled in Cascade's favour," Staples says.
Cascade's preventative actions may extend to customers who are importers, buyers or resellers of infringing forks and other attachments and products.
"With great reluctance, Cascade will assert its intellectual property rights against customers who infringe," Staples noted. "Although Cascade will file a lawsuit under certain circumstances, it rarely finds it necessary to do so."
Fairview-based Cascade reported profit of USD1.3 million on sales of USD534.2 million for the fiscal year ended 31 January and had about 2,000 fulltime employees as of 31 March.