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Paul

Paul D. Swanson

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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 15, 2024News
The Best Lawyers in America© 2025 Recognizes 128 Lane Powell Attorneys
Awards & Honors
February 7, 2024News
Connors, K. Davis, Swanson, and Winters Recognized in 2024 World Trademark Review 1000
Awards & Honors
August 17, 2023News
The Best Lawyers in America© 2024 Recognizes 123 Lane Powell Attorneys
Awards & Honors
February 7, 2023News
Connors, K. Davis, Swanson, and Winters Recognized in 2023 World Trademark Review 1000
Awards & Honors
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

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

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

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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