A headshot of Paul Swanson.

Paul D. Swanson

Special Counsel
Seattle

Having worked on cases that now authoritatively control legal outcomes in matters of agribusiness commerce, Paul Swanson has a deep understanding of the complex intellectual property issues faced by clients. Paul's intellectual property practice offers strategic guidance on the IP foundations essential to 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.

Software copyright litigation is Paul’s forte, having litigated many such claims brought by Attachmate. In his lead role in Enterprises Int’l v. IKS, he achieved a landmark decision in the region, setting a precedent for copyright protection of industrial designs in useful articles. His strategic counsel and litigation background are well-suited to safeguard a company’s valuable copyright assets.

Experience 

Representative Matters

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.
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
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
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.
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.
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
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
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.
Defended International Knife and Saw, a South Carolina-based manufacturing company, against claims for the misappropriation of intellectual property.

Professional Highlights

Professional Activities

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

American Inns of Court, Seattle Intellectual Property Chapter

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

Recognition & Accomplishments

The Best Lawyers in America, Trademark Law, 2020-2025

World Trademark Review 1000, "Leading Trademark Professional," 2014-2018, 2020, 2023-2024

America's Top 100 High Stakes Litigators, Washington, 2018

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

AV Preeminent in Martindale-Hubbell Peer Review Ratings

Minnesota Supreme Court, Law Clerk, 1982-1983

Board Memberships & Community Service

Neighborhood Farmers Market Alliance, 2012-2016

International Association of Culinary Professionals, 2001-present

Credentials 

Education

University of Minnesota (J.D., cum laude, 1982)

St. Olaf College (B.A., 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 for the Ninth Circuit