Introduction With a recent order that issued from the Southern District of Georgia, Savannah Division, Coach, Inc. and Coach Services, Inc. (collectively “Coach”) continue to add to the body of case law from Georgia federal courts on trademark and copyright issues.[1] On December 19, 2012, in an […]
In a complaint filed in the Atlanta Division of the Northern District of Georgia on January 4, 2013, Wika Instrument Corporation (“WIKA”) seeks lost profits, treble damages, and to enjoin allegedly false statements about the flammability and safety of its market-leading XSEL® pressure gauges by a competitor, Ashcroft, […]
In a dispute between golf cart manufacturers E-Z-GO and Club Car, Judge J. Randal Hall of the Southern District of Georgia has denied Club Car’s motion seeking attorney fees pursuant to 35 U.S.C. § 285, holding that under the Federal Circuit’s standard E-Z-GO’s suit and litigation conduct did not warrant […]
The plaintiff, Tatia Morsette (“Morsette”), acting as a representative of PM7 Entertainment Int’l, LLC (“PM7”) filed suit in the Northern District of Georgia, Atlanta Division, on January 2, 2013, against Chester A. Brewster (“Brewster”). Suit was originally brought in the Superior Court of DeKalb County, Georgia, on December […]
Charles Schwab & Company’s ad campaign exhorts viewers to Talk to Chuck® for financial advice. A plaintiff that sued Charles Schwab & Company in Georgia for patent infringement, however, will have to talk to Charles Schwab about its case elsewhere. Our August 23, 2012 post discussed three lawsuits filed […]
On December 28, 2012, plaintiff Brandywine Communications Technologies, LLC (“Brandywine”) filed a patent infringement complaint against Nahunta, Georgia-based BTC Communications, Inc. (“BTC”), in the Brunswick Division of the U.S. District Court for the Southern District of Georgia. This appears to be Brandywine’s first foray into Georgia, though to […]
On December 21, 2012, plaintiff Brittni Pope filed a complaint in the U.S. District Court for the Northern District of Georgia against Orion Restoration, LLC and related parties (collectively, “Orion”), seeking a declaratory judgment of copyright ownership in certain works and remedies for copyright infringement. Ms. Pope alleges […]
IntroductionScore one for McDowell’s and its “Golden Arcs.” [1] In a dispute between two sports bar and restaurant chains, the Eleventh Circuit has affirmed a grant of summary judgment in favor of the defendant, Boynton Carolina Ale House, LLC (“Boynton Carolina”), whom plaintiff Miller’s Ale House, Inc. (“Miller’s”) had […]
Introduction In a decision entered on December 18, 2012, the U.S. Court of Appeals for the Eleventh Circuit, on its own motion, vacated the September 11, 2012 opinion summarized in our September 18 post. The 11th Circuit substituted a new opinion for its September 11 opinion. The new […]
In a complaint filed in the Atlanta Division of the Northern District of Georgia on December 19, 2012, James Williams and Laurie Williams (“Williams”) filed a complaint against the Columbus Bar Association (“Columbus”) seeking cancellation of Columbus’ trademark registration, damages, and an injunction. To avoid confusion, we disclose […]
Georgia IP Litigation 