Category: Judge Murphy

Beaulieu Group Floored by Competitor Mohawk’s Application and Use of New Mark for Residential Carpet

On September 30, 2015, Beaulieu Group, LLC(“Beaulieu”), a Georgia Corporation, brought a trademark infringement action against Mohawk Carpet Distribution, Inc. (“Mohawk”), a Delaware corporation with a principal place of business in Calhoun, Georgia. The complaint asserts claims for trademark infringement, false designation of origin and unfair competition (state […]

EPIC Battle Launched Between Flooring Companies Over Trademark Infringement

On August 21, 2014, Shaw Industries Group, Inc. (“Shaw”), a Georgia corporation, and Columbia Insurance Company (“Columbia”), a Nebraska corporation, brought a trademark infringement action against Carlisle Wide Plank Floors Inc. (“Carlisle”), a Delaware corporation, in the Northern District of Georgia.  The complaint asserts claims for trademark infringement, […]

Complaint Asserts Copyright Infringement over Hardwood Floor Pattern on Vinyl Wallcovering

U.S. Vinyl Manufacturing Corporation (“USV”) initiated an action for copyright infringement on March 12, 2014, against Colour & Design, Inc. (“Colour”), National Wallcovering, Inc. (“Wallcovering”), Larry and Michael Bixler (“Bixlers”). USV is a Texas corporation headquartered in LaFayette, Georgia.  The defendants are residents of Arkansas.  Both USV and […]

Georgia Knife Companies Cross Swords in Complaints by Bud K and United Cutlery Alleging Copyright and Trademark Infringement Against Mutual Competitor Wholesale Gallery

On October 8, 2013 United Cutlery Corporation (“UC”) and Bud K World Wide, Inc. (“Bud K,” collectively, “plaintiffs”), both of Moultrie, Georgia filed separate suits against Wholesale Gallery Inc., (“Wholesale Gallery”) of Dallas, Georgia.  Both complaints allege trademark infringement, dilution, copyright infringement and unfair competition, and both complaints request injunctive relief.  […]

Shaw Industries Files Declaratory Judgment Action Against Hershey Over KISSES® Marks

In a case that has already drawn considerable publicity, carpet giant Shaw Industries Group, Inc. (“Shaw”), of Dalton, Georgia, filed a complaint in the Northern District of Georgia against The Hershey Company, of Hershey, Pennsylvania, and Hershey Chocolate and Confectionary Corporation, of Wheat Ridge, Colorado (collectively, “Hershey”), asking the […]