On April 5, 2013, RE/MAX, LLC (“RE/MAX”) filed a trademark lawsuit in the Northern District of Georgia against Cumming, Georgia-based McFarland Realty Enterprises, Inc. and two of its principals (collectively, “McFarland”). The complaint lists federal counts of trademark infringement and unfair competition, and state law counts of dilution, […]
On March 20, 2013, Lawrenceville, Georgia-based Essential Ingredients, Inc. (“EI”) filed a complaint in the Northern District of Georgia against California-based E. T. Horn Company (“Horn”). EI alleges that Horn, after having entered into a 2008 settlement agreement promising to stop using the term ESSENTIAL INGREDIENTS GROUP or […]
Introduction What impact, if any, does a federal service mark registration for the stylized logo shown at left have concerning asserted rights to a subset of words recited in that logo, where those words were disclaimed in the registration? If none, does a supplemental registration for the words […]
Out of three patent infringement cases filed in August 2012 by Joao Bock Transactional Systems, LLC (“JBTS”) in the Northern District of Georgia, one case was transferred to the Northern District of California, one case has just now been transferred to the Northern District of Illinois, and one […]
A new employment agreement for a key role at The Pedowitz Group, LLC (TPG) quickly went south as the employee went north in less than a month, allegedly with trade names, confidential information, and a propensity to talk and write about them and his former employer. TPG and […]
An audit of a franchisee’s records, which allegedly revealed sales activity outside licensed territory and evidence of efforts to conceal that activity, has spawned a new trademark lawsuit. On March 19, 2013, California Closet Company (“CCC”) filed a complaint in the Northern District of Georgia against Lawrenceville, Georgia-based […]
Introduction Motion for sanctions. Motion for contempt. Motion to set aside default. Motion for permanent injunction. Motion to dismiss counterclaims. March 29 Order to Show Cause. All currently stand as pending in the U.S. District Court for the Middle District of Florida. The March 12 appeal of a […]
Ronaldo Designer Jewelry (Ronaldo) asserts copyright infringement, trade dress infringement, unfair competition and unfair trade practices under the Lanham Act, and unfair and deceptive trade practices under the Georgia Fair Business Practices Act against The Southern Link of Georgia, Inc. (“The Southern link”), John Does d/b/s New Dimensions, and […]
Whitestone Marketing Group, LLC (“Whitestone”), sued ProGraphics Communications, LLC (“ProGraphics”), for federal and common law trademark infringement, false designation of origin and misrepresentation in commerce, false advertising, unfair competition, dilution, and misappropriation. Whitestone creates marketing campaigns for independent retail outlets based on commonality of products from a single supplier. The marketing program […]
Danish companies LEGO Juris A/S and LEGO Systems A/S (collectively “LEGO”) have sued a Georgia-based company that they allege is an ex-licensee that continued to sell LEGO-themed products after the expiration of a sell-off period specified in a licensing agreement. On March 20, 2013, LEGO filed a complaint in […]
Georgia IP Litigation 