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Acacia Subsidiary Automated Facilities Management Corporation Files Patent Suit Against Ventyx

On November 8th, 2012, Automated Facilities Management Corporation (AFMC), a Texas corporation, filed suit against Ventyx USA, Inc., a Georgia corporation with a principal place of business in Colorado, for the manufacture and sale of Ventyx’s “Ellipse” product, an asset management program which, according to the complaint, infringes […]

Trademark Infringement Asserted in Complaint by Warmtone Corp. d/b/a WebWire Against Brittany Race for Use of Marks WEBWIRE and GOWEBWIRE

Warmtone Corp. d/b/a WebWire (“Warmtone”) initiated suit in the Atlanta Division of the Northern District of Georgia on November 8, 2012, against Brittany Race (“Race”) for infringement of the registered mark “WEBWIRE” – U.S. Reg. No. 2,177,196.   According to its complaint, Warmtone provides Internet marketing services promoting visibility […]

Counterfeit Merchandise Sales Result in Summary Judgment of Infringement, but Not of “Trademark Counterfeiting”; Middle District of GA Clarifies Statutory Damages Standards

Introduction As puzzling as it may first seem, a seller of merchandise bearing counterfeit trademarks might not be found liable for “trademark counterfeiting.”  Selling such merchandise does not establish counterfeiting liability without a showing of intent.  Nevertheless, a defendant’s use of a counterfeit mark, regardless of intent, allows […]

Wall Street Journal Law Blog Praises Middle District of Georgia Judge for His Common Sense

The July 12, 2012 debut of this blog happened to cover a decision by U.S. District Judge Clay D. Land, of the U.S. District Court for the Middle District of Georgia, resolving a patent case preliminary injunction motion.  Subsequent entries covered decisions by other Middle District judges in other intellectual property (“IP”) matters […]