Ken Davis is Practice Leader of the firm’s Japan practice. He represents major software and internet companies in intellectual property disputes. He has been recognized as a top litigator in his practice by Chambers USA and 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 on:
- Complex commercial litigation
- Intellectual property litigation
- Internet
- Copyright
- Patent
- Trademark and trade secret
- Antitrust
Experience
Representative Matters
Attachmate Corporation v. Celcom Axiata Berhad
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
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: Represented global nutritional products company in suit involving alleged trademark infringement and breach of contract
Adidas America, Inc. et al v. Skechers USA, Inc.
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.
Defended Tarmac Ltd. in a multimillion dollar defense of a software copyright infringement lawsuit
Carbon Materials Company, In re Graphite Electrodes Antitrust Litigation
Defend cartel investigations in the United States, 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
Chevron U.S.A., Inc. v. Pelican Butte Oil, LLC
Represented Chevron in a series of unfair competition; trademark infringement and dilution; and deceptive and unlawful trade practices suits
Collegenet, Inc. v. Google, Inc.
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.
Golden Tea Management Advice, In re Golden Temple of Oregon Litigation
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
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 Highlights
Professional Activities
Multnomah Bar Association
International Trademark Association, Various Litigation Committees
Oregon State Bar Association, Past Chair; Antitrust; Computer and Internet Law
Recognition & Accomplishments
Chambers USA: Intellectual Property, 2019-2024; Litigation: General Commercial, 2020-2024
The Best Lawyers in America, Intellectual Property Litigation, 2012-2021, 2023-2025; Commercial Litigation, 2019-2025
World Trademark Review 1000, "Leading Trademark Professional," 2013-2018, 2020, 2023-2024
Board Memberships & Community Service
Eastmoreland Community Garden, Past Executive Committee
Credentials
Education
University of Puget Sound School of Law (J.D., cum laude, 1992)
Whitman College (B.A. 1989)
Languages
Spanish – Fluent
Admissions
Oregon
Washington
U.S. District Court for the District of Oregon
U.S. District Court for the Eastern and Western Districts of Washington
U.S. District Court for the Northern District of California
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the Third and Ninth Circuit