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Trademark Defendant who Lost on Summary Judgment Files Appeal with Eleventh Circuit, but Special Master May Still Assess Monetary Recovery

A defendant whom the U.S. District Court for the Northern District of Florida adjudicated a trademark infringer on summary judgment, and liable for attorneys’ fees as well as profits, filed an appeal from that court’s judgment on February 11, 2013.  However, an order of appointment of a Special […]

Southeast Clinical Nutrition Centers, Inc. Sues Mayo Foundation over Diet-Related Service Marks

On February 27, 2013, Tucker, Georgia-based Southeast Clinical Nutrition Centers, Inc. (“Southeast”) filed a complaint in the U.S. District Court for the Northern District of Georgia, Atlanta Division, against the Mayo Foundation for Education and Research (“Mayo Foundation”), alleging that the Mayo Foundation infringed Southeast’s service marks related […]

Eleventh Circuit Finds Exclusion Insufficient for Insurance Companies to Avoid “Advertising Injury” Coverage for Copyright Infringement

Introduction and “Exclusion 13” Although federal appellate courts issue “unpublished” opinions relegated to the status of merely persuasive precedent and not binding precedent,[1] occasionally even an “unpublished” opinion may strike upon an issue of first impression or otherwise set forth judicial reasoning that still makes it noteworthy.  On […]

Not Coming to a Theater near You

This action for declaratory judgment centered on a planned movie, The Snow White Ladies of the Third Week (“Ladies”). Based on a decision issued on January 30, 2013, from the U.S. District Court for the Northern District of Georgia,[1] it appears unlikely that Ladies will be coming to […]

Insurance Company Files DJ Action to Avoid Coverage for Defendant in Lawsuits Brought by George Clooney and Julia Roberts

In a prior post, we reported on an October 2012 right-of-privacy (right to publicity) lawsuit filed in the Northern District of Georgia by celebrities George Clooney and Julia Roberts against Kennesaw-based Digital Projection, Inc. (“DPI”), a seller of projectors and related items.  With service of the summons having been waived […]