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Ken

Kenneth R. Davis II

ShareholderJapan Team Co-Chair

Ken Davis is Co-chair of Lane Powell’s Japan Team. He represents major software and internet companies in intellectual property disputes. He is recognized as a top litigator in his practice by World Trademark Review 1000, which describes him as “an astute courtroom operator who can hammer out favorable results in even the most intricate of conflicts.”

Ken focuses his practice in:

Complex commercial litigation,
Intellectual property litigation,
- Internet,
- Copyright,
- Patent,
- Trademark and trade secret, and
Antitrust.

Ken has tried a number of cases as lead counsel in both state and federal courts and has argued before the Washington State Supreme Court.

Experience

Attachmate Corporation v. Celcom Axiata Berhad
Case No. 2:2010cv00526U.S. District Court, Western District of Washington
Successfully represented the largest cellular phone company in Malaysia and obtained a complete victory against claims brought by Seattle-based software company Attachmate Corporation. Attachmate had sued Celcom for copyright infringement and breach of contract arising out of the alleged over-installation of software. Attachmate sought damages of more than $5 million. Celcom moved to dismiss the complaint based on copyright doctrines of extraterritoriality and preemption, as well as personal jurisdiction. Judge Ricardo Martinez granted Celcom’s motion in its entirety.
FLIR Systems, Inc. v. Sierra Media, Inc. et al
Case No. 3:2010cv00971U.S. District Court, District of Oregon
We represented Fluke Corporation against false advertising claims filed by a competitor, FLIR Systems, Inc., in a nine-day jury trial at the U.S. District Court of Oregon.
Defended Trademark Infringement Claims for a Global Nutrition and Weight Management Company
U.S. District Court, District of Oregon
Represented global nutritional products company in suit involving alleged trademark infringement and breach of contract.
adidas America, Inc. et al v. Skechers USA, Inc.
Case No. 3:15-cv-01741-HZU.S. District Court, District of Oregon
Defending Skechers, as local counsel, against trademark and trade dress infringement, dilution, unfair competition and breach of contract claims asserted by adidas.
Attachmate Corporation v. Tarmac Ltd.
Case No. 2:2008cv01370U.S. District Court, Western District of Washington
Defended Tarmac Ltd. in a multi-million dollar defense of a software copyright infringement lawsuit.
Carbon Materials Company In re Graphite Electrodes Antitrust Litigation
Case No. 97-CV-4182U.S. District Court, Eastern District of Pennsylvania
Defend cartel investigations in the US, Japan, EU, Brazil and Canada. Follow on civil litigation including 30+ class actions in the U.S. and Canada.
Chevron Corporation Unfair Competition and Trademark Matters
Represented Chevron in a series of unfair competition; trademark infringement and dilution; and deceptive and unlawful trade practices suits.
Collegenet, Inc. v. Google, Inc.
Case No. 10-cv-01211U.S. District Court, District of Oregon
Acted as co-counsel successfully defending Google in a trademark infringement suit brought by CollegeNet over a Speedbook mark. After CollegeNet moved for a preliminary injunction and Google cross-moved for a pre-answer dismissal, the parties agreed to stay the case and later to dismiss the case with prejudice.
Chevron U.S.A., Inc. v. Pelican Butte Oil, LLC
Case No. 1:10-cv-03063U.S. District Court, District of Oregon
Represented Chevron in a series of unfair competition; trademark infringement and dilution; and deceptive and unlawful trade practices suits.
Golden Tea Management Advice In re Golden Temple of Oregon Litigation
Case No. 0909-13281 and 1010-14518Multnomah County Circuit Court
Defended GTM, the manager and majority owner of Golden Temple of Oregon, LLC (GTO), the leading tea manufacturer in the natural foods sector, against multiple challenges to the 2007 transaction that gave GTM control of GTO.
Golden Temple of Oregon, LLC v. Puri
Case No. 12-10-03055U.S. District Court, District of Oregon
Represented Golden Temple in this case involving a demand to inspect records pursuant to a licensing arrangement, an inspection of which our clients disputed the scope as too broad.

Intellectual Property Litigation

Heart, LLC v. Heart Pizza, LLC
Representing award-winning coffee chain enforcing its trademark rights against infringing chain of pizza restaurants that established its flagship restaurant less than two blocks away from one of our client’s primary cafés.

Professional Experience

Preston Gates & Ellis, Associate (1992-1996)

Community Involvement

Member, Multnomah Bar Association

Member, International Trademark Association, Various Litigation Committees

Oregon State Bar Association

Past Chair
Member, Antitrust Section
Member, Computer and Internet Law Section

Washington State Bar Association

American Bar Association

Intellectual Property and Antitrust Sections
Federal Trial Practice and Procedure Committee, Intellectual Property Law Section

President, Cleveland Youth Baseball

Past Executive Committee and Board Member, Classroom Law Project

Past Executive Committee, Eastmoreland Community Garden

Thought Leadership

February 24, 2020News
K. Davis, Jagla and Swanson Recognized in 2020 World Trademark Review 1000
Awards & Honors
August 15, 2019News
The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
Awards & Honors
July 5, 2019News
Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
April 26, 2019News
Lane Powell Again Ranked Among Top Firms in 2019 Chambers® USA
Awards & Honors
March 26, 2019News
Antitrust Team Wins GCR’s ‘Litigation of the Year – Cartel Defense’ Award
Awards & Honors
October 12, 2018News
Lane Powell Highly Recommended in Benchmark Litigation 2019
Awards & Honors
August 15, 2018News
The Best Lawyers in America© 2019 Recognizes 62 Lane Powell Attorneys
Awards & Honors
February 13, 2018News
IP Teams Recognized by World Trademark Review 1000 for Fifth Consecutive Year
Awards & Honors
October 26, 2017News
Lane Powell Highly Recommended in Benchmark Litigation 2018
Awards & Honors
August 15, 2017News
Fifty-nine Lane Powell Attorneys Named in The Best Lawyers® in America 2018
Awards & Honors
July 10, 2017News
Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
January 25, 2017News
Lane Powell and Attorneys Davis, Mehrbani, Jagla and Swanson Listed in 2017 World Trademark Review 1000
Awards & Honors
October 20, 2016News
Lane Powell Highly Recommended in Benchmark Litigation 2017
Awards & Honors
August 17, 2016News
Fifty-one Lane Powell Attorneys Named in The Best Lawyers in America® 2017
Awards & Honors
July 11, 2016News
Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
January 20, 2016News
Lane Powell and Attorneys Davis, Mehrbani, Jagla and Swanson Named as ‘Top’ in 2016 World Trademark Review 1000
Awards & Honors
October 27, 2015News
Lane Powell Highly Recommended in 2016 Benchmark Litigation
September 11, 2015Event / CLE
Overview of Federal Criminal Antitrust Enforcements and Tips On Effectively Responding to the Same
Federal Bar Association | Salt Lake City, Utah
August 17, 2015News
Forty-eight Lane Powell Attorneys Named in The Best Lawyers in America® 2016
Awards & Honors
July 8, 2015News
Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Four Named as ‘Oregon Rising Stars’
Awards & Honors
January 26, 2015News
Lane Powell, Davis, Mehrbani, Jagla and Swanson Listed in 2015 World Trademark Review 1000
October 20, 2014News
Eleven Lane Powell Attorneys Recognized as “Litigation Stars;” Two Named as “Future Stars” in 2015 Benchmark Litigation Legal Guide
August 18, 2014News
Fifty-One Lane Powell Attorneys Named in The Best Lawyers in America® 2015
Awards & Honors
July 9, 2014News
Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Five Named as ‘Oregon Rising Stars’
Awards & Honors
March 11, 2014News
Lane Powell, Davis, Mehrbani and Swanson Listed in 2014 World Trademark Review 1000
Awards & Honors

Ken's Bios

Primary
Antitrust

Practices & Industries

Antitrust, Competition, & Trade
Class Actions
Commercial Litigation
Intellectual Property Litigation
International Arbitration
Japan Practice

Education

University of Puget Sound School of Law, J.D., cum laude, 1992
Whitman College, B.A., Spanish, 1989

Admissions

Oregon
Washington
U.S. District Court, District of Oregon
U.S. District Court, Eastern and Western Districts of Washington
U.S. District Court, Northern District of California
U.S. District Court, Eastern District of Michigan
U.S. Court of Appeals, Third and Ninth Circut

Language

Spanish (Fluent)

Honors

"Leading Trademark Professional," World Trademark Review 1000 (2013-2018, 2020)

Chambers® USA: America’s Leading Lawyers for Business, Intellectual Property (2019)

"Local Litigation Star," Benchmark Litigation, Antitrust, Commercial Litigation, Intellectual Property (2015-2019)

"Oregon Super Lawyer," Thomson Reuters, Intellectual Property Litigation (2009-2019)

Multnomah Bar Association Pro Bono Honor Roll (2005, 2008)

The Legal 500 (United States): Volume II (Intellectual Property, Technology, Media & Telecoms) and The Legal 500 (United States): Volume III (Litigation) (2007)

"IP Star," Managing Intellectual Property, Patent and Trademark

AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™

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