ABG EPE IP, LLC v. AtoZ Global et al, Civil Action No. 1:22-cv-1662-SEG (N.D. Ga. May 24, 2022)
Plaintiff ABG filed suit against Defendants AtoZ et al. on April 27, 2022 in the Northern District of Georgia (Atlanta Division) asserting claims of (1) federal trademark infringement in violation of 15 U.S.C. § 1114, (2) federal unfair competition, false designation of origin, and false description in violation of 15 U.S.C. § 1125(a), and (3) common law trademark infringement and unfair competition. According to the Complaint, ABG purchased all trademark rights of Elvis Presley’s estate in November 2013 and is the current owner of the late Elvis Presley’s global trademark portfolio. The numerous named foreign Defendants, as alleged in the Complaint, advertise and sell a variety of goods through their virtual storefronts on various e-commerce marketplaces. The Complaint primarily alleges that Defendants sell goods bearing marks that infringe on various marks within Elvis Presley’s global portfolio.
On April 28, 2022, the Court entered a Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause against the Defendants. The Court also ordered Defendants to appear at a hearing on May 23, 2022 to demonstrate good cause why a preliminary injunction should not issue. Defendants failed to appear and on May 24, 2022, Judge Sarah E. Geraghy granted ABG’s Motion for Preliminary Injunction.