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Paul D. Swanson Photo

Paul

Paul D. Swanson
Shareholder
Seattle
D 206.223.7391
C 206.335.5263
swansonp@lanepowell.com

Paul Swanson’s track record speaks for itself: the World Trademark Review 1000 lists Paul as a top individual in the trademark practice, describing him as a “very smart IP litigator who brings decades of courtroom experience to the table.” He is the only Washington attorney to be awarded Lexology's 2017 Client Choice Award in the field of trademark law. 

Paul’s food/intellectual property law practice provides astute counsel regarding the intellectual property foundations of your food-related business ventures. His guidance is especially vital for agribusiness clients with intellectual property rights in formerly unbranded fresh fruit and vegetable produce. As the industry has shown, the reputation and goodwill of agribusinesses and foodservice companies is bound up in the quality of their products and services and the brand recognition generated through the diligent efforts of company employees and their predecessors.

Having worked on cases that now authoritatively control legal outcomes in matters of agribusiness commerce, Paul has a deep understanding of the complex legal issues faced by his clients. He regularly speaks on and writes about intellectual property issues and is principal contributor to the firm’s “Earth and Table” Law Reporter blog, devoted to analyzing the interplay between intellectual property and food commerce.

Paul is a Former Chair of the Washington State Bar Association’s Intellectual Property Section. He also chaired a WSBA/IP trademark committee whose work significantly revised Washington trademark law, and is a member of the International Association of Culinary Professionals (IACP).

Paul served as a Board Member of the Neighborhood Farmers Market Alliance, a community-based, nonprofit organization that operates seven farmer/food-only markets in Seattle neighborhoods. His article regarding the history and legal status of organic and natural food labels entitled “We Are What We Eat” appears on the website of Gastronomica: The Journal of Food and Culture.

Experience

  • Rad Power Bikes v. Lectric Cycles
    Represented Rad Power Bikes in a USPTO trademark dispute over rights to the RAD family of marks in connection with electric bikes; case settled during pretrial discovery.
  • Plant Patent Advice and Counsel
    Provided advice and counsel regarding plant patent rights in connection with a trademark dispute over certain patented and trademarked varietal plant names.
  • Expert Witness Consulting Regarding Food Composition Patenting
    Prepared expert witness consulting and expert witness report regarding the patentability of a U.S. food composition patent application in connection with a patent legal malpractice claim.
  • Benson v. NFC Data, Inc.
    Case No. 1:12cv1161, 2013 U.S. Dist. LEXIS 63115
    Lead defense counsel in patent ownership proceeding in the Virginia Eastern District Court (“rocket docket”) and prevailed for client in preliminary injunction proceedings.
  • Gerawan Farming, Inc. v. Prima Bella Produce, Inc
    Case No. 1:10-cv-00148-LJOU.S. District Court, Eastern District of CaliforniaFresno, California
    Lead defense counsel in a case involving the mark PRIMA and its use of trademark and as U.S. plant patent titles
  • Taltech Ltd v. Esquel Enterprises Ltd
    Local trial counsel in patent infringement lawsuit involving the largest apparel manufacturers in the world; client obtained a judgment of non-infringement, inequitable conduct and attorneys’ fees of around $6.8 million.
  • Van Well Nursery v. MONY Life Insurance Company
    Case No. 421 F.Supp.2d 1321; 362 F.Supp.2d 1223U.S. District Court, Eastern District of Washington
    Represented agricultural lending/financing defendant in test case of the scope of plant patent and  trademark rights; plaintiffs’ claims were all dismissed through summary judgment.
  • Attachmate Corporation v. Health Net, Inc.
    Case No. 2:09-cv-01161U.S. District Court, Western District of Washington
    Local trial counsel in defense of alleged software copyright infringement and breach of contract claims.
  • Krivosha v. Walgreen Corp. and Jupitermedia Corp.
    Represented defendants against right of publicity claims arising out of an image used in national advertising.
  • Thermion, Inc. v. Thermion Metalizing Systems, Ltd.
    Case No. 3:05-cv-05409U.S. District Court, Western District of Washington
    Patent and trademark infringement claims and counter claims; defendant’s successful preliminary injunction cross-motion is reported at 423 F.Supp.2d 1146.
  • National Licensing Association v. Inland-Joseph Fruit Company
    Case No. 361 F.Supp.2d 1544U.S. District Court, Eastern District of Washington
    Motion authored by Paul resulted in the dismissal of all lawsuits filed by the NLA; case involved apple plant patents and trademarks.
  • Votivo v. Target Corp.
    Defense of trademark infringement and unfair competition claims.
  • Rosie O’Donnell v. Entercom Portland
    Defense of trademark infringement and dilution and right of publicity claims and pursuit of antitrust and unclean hands affirmative defenses.
  • Bostwick Laboratories v. Cortex Medical Management Systems
    Multiple claims related to software systems designed for pathology laboratories.
  • Callison Architecture Inc. v. Cordax Inc.
    Software development and trade secret dispute.
  • Wade Cook v. Tony Robbins
    Defended Robbins Research, Inc. and Tony Robbins in infringement and trade secrets case in state court in Washington brought by Wade Cook Seminars. Case settled favorably.
  • Shell v. Lindal Cedar Homes
    Won an arbitration award and judgment for copyright infringement for architectural works against a leading manufacturer of homes.
  • Sever v. Alaska Pulp Corporation
    Case No. 978 F.2d 1592; 941 P.2d 354 Alaska Supreme Court
    Defense of a corporation and its officers against RICO and a host of other federal and state law claims; the dismissal of all federal claims was affirmed by the Ninth Circuit.
  • North by Northwest Productions v. ILF Media
    Trade secret TRO and preliminary injunction action.
  • Precor v. Life Fitness
    Complex patent litigation involving a number of key patents covering the designs and technologies incorporated into “high-end” exercise treadmills.
  • Elegant Gourmet v. Traverse Bay
    Defense of trade secret misappropriation and trade dress infringement claims.
  • Enterprises International, Inc. v. International Knife & Saw, Inc.
    Case No. C12-5638 BHS, 2014 U.S. Dist. LEXIS 101375; Copy. L. Rep. (CCH) ¶ 30,641, recons. denied, 2014 U.S. Dist. LEXIS 124221U.S. District Court, Western District of Washington
    Defended International Knife and Saw, a South Carolina-based manufacturing company, against claims for the misappropriation of intellectual property.

Professional Experience

Perkins Coie LLP, Associate (1983-1985)

Minnesota Supreme Court, Law Clerk (1982-1983)

Community Involvement

Washington State Bar Association

  • Chair, Intellectual Property Section (2000-2001)
  • Chair, Intellectual Property Section Model State Trademark Review Committee (the committee’s work culminated in the enactment of SB5122 in 2003, revising Washington trademark law)
  • Member, Cyberspace Law Committee, analyzing and reporting on the proposed Uniform Computer Information Transaction Act (UCITA)

American Inns of Court, Seattle Intellectual Property Chapter, Member

5th and 6th Annual Intellectual Property Institutes sponsored by the WSBA/IP Section, Co-Chair (2000, 2001)

Neighborhood Farmers Market Alliance, Board Member (2012-2016)

International Association of Culinary Professionals, Member (2001-Present)

Thought Leadership

  • August 18, 2022News

    The Best Lawyers in America© 2023 Recognizes 90 Lane Powell Attorneys

    Awards & Honors
  • August 20, 2020News
    The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
    Awards & Honors
  • May 13, 2020Blog
    Promoting Scientific Agricultural "Progress" Through Novels
    "Earth & Table" Law Reporter
  • February 24, 2020News
    K. Davis, Jagla and Swanson Recognized in 2020 World Trademark Review 1000
    Awards & Honors
  • February 7, 2020Blog
    On Monopolies, Fine Dining and Feeding the Masses in California's First Gilded Age
    "Earth & Table" Law Reporter
  • September 26, 2019Blog
    What's in a Name?: On Filberts, Hazelnut Milk, Shredded Wheat and Food Identity Standards
    "Earth & Table" Law Reporter
  • August 15, 2019News
    The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
    Awards & Honors
  • May 8, 2019Blog
    The Copyrightable Firepower of Hedonic Food Consumption
    "Earth & Table" Law Reporter
  • April 30, 2019News
    Swanson Quoted in LA Times Article ‘A Legal Conflict Brings a Sour Note to the Sweet History of California Strawberries’
    In the News
  • April 9, 2019News
    Swanson Quoted in Bloomberg BNA Article ‘Driscoll’s Strawberry Dispute Could Sweeten Plant Patent Case Law’
    In the News
  • January/February 2019Publication
    Olney vs. Nelson vs. Beard: The Recipe Copyright Bout of the 20th Century
    IP Litigator
  • November 15, 2018Blog
    The Recipe Copyright Title Bout of the 20th Century: Olney vs. Nelson vs. Beard
    "Earth & Table" Law Reporter
  • August 28, 2018Blog
    The Scientific-Sounding Bar to Patenting Food Compositions and Marketing Around Innate Rejection of Novel Foods
    "Earth & Table" Law Reporter
  • July 19, 2018Blog
    On Oregon Black Truffles, Scent Marketing and Neuropsychological Food Cravings
    "Earth & Table" Law Reporter
  • March 28, 2018Blog
    A Bourbon Pecan Pie Fest of Plant Patents, Copyright "Originality" and Soiled Chef Brands
    "Earth & Table" Law Reporter
  • February 13, 2018News
    IP Teams Recognized by World Trademark Review 1000 for Fifth Consecutive Year
    Awards & Honors
  • January 31, 2018Blog
    The Intellectual Property Allure of Truffle Mushrooms
    "Earth & Table" Law Reporter
  • November 20, 2017Blog
    A Thanksgiving of Patentable Nuts and Vintage Nutcrackers
    "Earth & Table" Law Reporter
  • November 1, 2017Publication
    How Apple Plant Patents Liberated the American Palate
    Oregon Business Magazine
  • September 20, 2017Blog
    From Honeycrisp to SweeTango: How Apple Plant Patents Liberated the American Palate
    "Earth & Table" Law Reporter
  • September 5, 2017News
    Swanson Featured in NPR ‘The Salt’ Blog Post ‘The Rise of Mock Meat: How Its Story Reflects America’s Ever-Changing Values’
    In the News
  • July 20, 2017Blog
    A Toxic Pairing: Discovery Misconduct and Juror Neuropsychology in a Plant Patent Trial
    "Earth & Table" Law Reporter
  • May 30, 2017Blog
    How Intellectual Property Rights Shape Neuropsychological Demand for Orange Flavors
    "Earth & Table" Law Reporter
  • May 11, 2017Event / CLE
    Some Pros and Cons of Litigating Patent Cases in the Eastern District of Texas
    Seattle IP American Inn of Court | Seattle
  • February 23, 2017Blog
    Wild Introgressions: The Tomato Genome's Impact on Plant Patenting and Trademark Branding Prospects
    "Earth & Table" Law Reporter
  • February 9, 2017News
    Swanson Wins IP/Trademarks Lexology Client Choice Award
    Awards & Honors
  • January 25, 2017News
    Lane Powell and Attorneys Davis, Mehrbani, Jagla and Swanson Listed in 2017 World Trademark Review 1000
    Awards & Honors
  • November 15, 2016Blog
    Palate Pleasing Zucchinis Dominate Squash Patenting
    "Earth & Table" Law Reporter
  • September 30, 2016Publication
    No Small Potatoes: Patenting Spuds in an Era of Gene Silencing
    Landslide
  • September 27, 2016Blog
    GMO Food Labels, Our Emotions and the "Rationalist's Delusion"
    "Earth & Table" Law Reporter
  • June 20, 2016Blog
    Patenting the Quest for a More Perfect Veggie Burger
    "Earth & Table" Law Reporter
  • May 24, 2016Blog
    Compensating "Disgust": Psychoanalyzing Emotional Distress Claims Involving Food Products
    "Earth & Table" Law Reporter
  • March 16, 2016Blog
    Starlet Marketing, Patenting and Branding of the California Artichoke
    "Earth & Table" Law Reporter
  • February 23, 2016Blog
    The Genetics of Date Palm Patenting
    "Earth & Table" Law Reporter
  • February 10, 2016Blog
    Patenting the Avocado: A California Story with a Classic Recipe
    "Earth & Table" Law Reporter
  • January 20, 2016News
    Lane Powell and Attorneys Davis, Mehrbani, Jagla and Swanson Named as ‘Top’ in 2016 World Trademark Review 1000
    Awards & Honors
  • January 14, 2016Blog
    Novel Potato Chips: The Patentable Art of Processing Potatoes
    "Earth & Table" Law Reporter
  • November 25, 2015News
    Swanson Quoted in Law360 Article Regarding IP Malpractice Suits
    In the News
  • September 11, 2015Blog
    Patenting the Potato: "Not All Taters are Created Equal"
    "Earth & Table" Law Reporter
  • May 4, 2015Publication
    Back to the ‘Useful Arts’ — Supreme Court Reins in the Expansive Interpretation of Patent Eligibility
    Seattle Business
  • April 28, 2015Blog
    Transgenic Salmon: A Primer on FDA Food Safety Regulations
    "Earth & Table" Law Reporter
  • March 13, 2015Event / CLE
    Building Sustainable Regional Foodsheds
    Lewis & Clark Law School | Portland, Oregon
  • March 11, 2015Publication
    The ‘Legalities’ of Ambient Scent Marketing
    SoFAB Magazine
  • February 26, 2015Publication
    POM Wonderful: The New Prescription for False Advertising
    World Trademark Review
  • February 9, 2015Publication
    Assessing the Validity of Food Processing Patents, Post-Alice
    Lane Powell White Paper
  • January 26, 2015News
    Lane Powell, Davis, Mehrbani, Jagla and Swanson Listed in 2015 World Trademark Review 1000
  • January 16, 2015Blog
    Assessing the Validity of Food Processing Patents, Post-Alice
    "Earth & Table" Law Reporter
  • December 30, 2014Publication
    The Challenges of Regulating Food Safety and Litigating Food Mislabeling and False Advertising Claims
    Recent Developments in Food and Drug Law
  • November 24, 2014Blog
    Trademarks as a Barometer of Change: A Pop Quiz
    "Earth & Table" Law Reporter
  • November 7, 2014Event / CLE
    The ‘Legalities’ of Scent Marketing
    Southern Food and Beverage Institute | New Orleans, Louisiana
  • November 5, 2014Blog
    Breaking Up is Hard to Do: The California Strawberry Commission's Claim to University Plant Breeding Research
    "Earth & Table" Law Reporter
  • November 4, 2014Publication
    Why Plant Patenting Floats Free of GMO Crop Controversies
    Oregon Business magazine
  • September 23, 2014Publication
    The Power of Smell: Scent Marketing Meets the Future of Gaming and Internet Surfing
    Seattle Business
  • June 6, 2014News
    Swanson Quoted in Law360 Article Regarding POM v. Coca-Cola Lanham Act Ruling
    In the News
  • May 12, 2014Blog
    Not-So-Sweet Smell of Success: When Does Ambient Scent Marketing Become a Deceptive Trade Practice?
    "Earth & Table" Law Reporter
  • March 27, 2014Publication
    Core Issues — New Patents in the World of Apples
    Seattle Business magazine
  • March 11, 2014News
    Lane Powell, Davis, Mehrbani and Swanson Listed in 2014 World Trademark Review 1000
    Awards & Honors
  • March 5, 2014Blog
    Strawberry Patent Rights, Forever
    "Earth & Table" Law Reporter
  • January 13, 2014Blog
    Will the Recent Scientific Attack on Vitamin Use Spawn a New Wave of False Advertising Litigation?
    "Earth & Table" Law Reporter
  • August 27, 2013Blog
    "Faux" Foods and False Advertising Claims: A New Recipe for Whipping Up Lawsuits
    "Earth & Table" Law Reporter
  • March 14, 2013Blog
    Why Does Food Mislabeling Outrage Consumers?
    "Earth & Table" Law Reporter
  • December 5, 2012Blog
    Antitrust Monopolization Considerations in Licensing Cutting-Edge Food Technology Patents
    "Earth & Table" Law Reporter
  • October 10, 2012Blog
    So, Are Organic Foods Really Safer and Healthier For Us After All?
    "Earth & Table" Law Reporter
  • July 9, 2012Blog
    The Growing Allure of Plant Patenting for Brand Differentiation
    "Earth & Table" Law Reporter
  • June 20, 2012Blog
    Patenting Enhanced Taste and Food Processing: Some Engaging Current Developments
    "Earth & Table" Law Reporter
  • June 11, 2012Blog
    The FDA Rejects Renaming of HFCS as "Corn Syrup"
    "Earth & Table" Law Reporter
  • June 11, 2012Blog
    Fruit Juice Misbranding Claims Lose Their Lanham Act Bite
    "Earth & Table" Law Reporter
  • Award_WH-SwansonP-WorldTrademark
  • Earth and Table Law Reporter | A Law Blog
  • Awards_2023 Best Lawyers America

Paul's Bios

  • Primary
  • Copyright

Practices & Industries

  • Antitrust, Competition & Trade
  • Commercial Litigation
  • Food, Beverage & Hospitality
  • Intellectual Property Litigation
  • Intellectual Property Transactions

Education

  • University of Minnesota, J.D., cum laude, 1982
  • St. Olaf College , cum laude, 1979
    • Phi Beta Kappa
    • President, Iota Tau Chapter of Alpha Phi Omega (1977-78)

Admissions

  • Washington
  • U.S. District Court, Eastern and Western Districts of Washington
  • U.S. Court of Appeals, Ninth Circuit
  • Minnesota (Inactive)

Honors

The Best Lawyers in America©, Trademark (2020-2023)

"Leading Trademark Professional," World Trademark Review 1000 (2014-2018, 2020)

America’s Top 100 High Stakes Litigators®, Washington (2018)

"Client Choice Award," Lexology, Intellectual Property: Trademarks – Washington (2017)

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

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