Category: false advertising

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp (“Clapp”) (collectively Dynamic and Clapp are referred to as “Defendants”).  The complaint asserts claims for trademark infringement, false designation of […]

Order Pierces Allegations Unsupported By Receivable Evidence In Granting Summary Judgment To All Parties In IP Dispute

This blog post is authored by Kirk Watkins and posted by the Womble Carlyle Team.In 2011 EarthCam, Inc. (“EarthCam”) brought suit against Richard Hermann (“Hermann”), OxBlue Corporation, Chandler McCormarck, John Paulson, and Brian Mattern (collectively “OxBlue”) asserting corporate espionage to misappropriate trade secrets.  OxBlue filed counterclaims for copyright […]

VitaminsOnline.com Files False Advertising Action Over Competitor’s Online Dietary Supplement Offerings and Claims

Guest post: This post was authored by summer associate Emily Scheible.  Thanks to Emily for her contribution! On May 6, 2014 VitaminsOnline, Inc., a Delaware corporation (“VOI”), filed a complaint against Dynamic Industries, LLC, a Nevada limited liability company, and Christopher Wilson, a resident of Georgia (collectively “Dynamic”), […]

Select Management Seeks Redress From Title Credit Over Use Of “Loan Max” Mark

On April 1, 2014, Select Management Resources, LLC of Alpharetta, Georgia (“Select”) filed a complaint against Title Credit Acceptance, LLC of Duluth, Georgia (“Title”) alleging state and federal trademark and trade dress infringement and dilution, wrongful business practices, unfair competition, and false advertising. According to the complaint, Select […]

Ganz USA and Noelle LLC file copyright complaint against Transpac, Inc.

On January 10, 2014 Ganz USA LLC (“Ganz”) of Marietta, Georgia and Noelle LLC (“Noelle”) of Cannon Falls, Minnesota (collectively, “plaintiffs”) filed a complaint against Transpac Imports, Inc.(“Transpac”) of Vacaville, California, alleging copyright infringement and Federal trade dress infringement, unfair competition and false advertising under 15 U.S.C. § […]

Penhall Company Files Complaint Against Competitor Southeast Grinding and Grooving Over “SGG” Mark

On September 12, 2013 Penhall Company (“Penhall”) of Anaheim California filed a complaint against Southeast Grinding and Grooving, LLC (“Southeast”) of Marietta, Georgia and Stefan Frame, also of Marietta, Georgia alleging trademark infringement under Section 32(1) of the Trademark Act of 1946 [15 U.S.C. § 1114(1)], unfair competition […]

11th Circuit Affirms District Court Ruling in Favor of Defendants in Stormwater Filtration “Baffle Boxes” Trademark Case

The U.S. Court of Appeals for the Eleventh Circuit has issued its ruling in a trademark dispute between two competing manufacturers of baffle boxes — stormwater filtration devices that “remove debris, trash, oil and other pollutants from stormwater before the stormwater reaches lakes, rivers, and streams.”[1]  The Court […]