On October 26, 2012, New York-based Coach, Inc. and Coach Services, Inc. (collectively “Coach”) filed a complaint in the Waycross Division of the Southern District, alleging that defendant Teresa J. Moore d/b/a Douglas Gold Buyers & Jewelry Store sold counterfeit merchandise bearing “Coach Trademarks,” and that Ms. Moore […]
A summary of recent patent case filings in the Northern District of Georgia is below. Pedicure Business Sues Former Partner Over Foot Tub Design Patent On October 23, 2012, Salon Spa Supply LLC (“SSS”) of Norcross, Georgia, filed a Verified Complaint for Injunctive Relief and Damages against Touspa, […]
Classic rock fans may readily associate the name Gretsch with the late George Harrison’s Beatlemania-era “Duo Jet” electric guitar, a design reproduced as a limited-edition controller for The Beatles: Rock Band video game. However, it is another Gretsch guitar design, associated with an even earlier rock pioneer, that […]
Very different factual and procedural backgrounds in two Northern District of Georgia cases led to the same result: denial of a motion brought under 28 U.S.C. § 1404(a) to transfer the action to another district court. Motions to Transfer Venue in the Eleventh Circuit A district court may transfer a […]
The U.S. District Court for the Northern District of Georgia has seen continued activity in the filings of trademark cases, adding to the considerable number of such cases filed in Georgia federal courts in September and covered in several blog entries, including our October 1 entry. Abstracted below are the October 2012 trademark […]
On September 19, 2012, California-based Fantasia Distribution, Inc. (“Fantasia”), a defendant in a trademark case, filed an appeal with the Eleventh Circuit. The court below, the U.S. District Court for the Southern District of Florida, had entered judgment against Fantasia, permanently enjoining it from using the mark SURFER ON […]
On October 3, 2012, Anvil International, LLC (“Anvil”) of Portsmouth, New Hampshire, and Mueller Water Products, Inc. (“Mueller”) of Atlanta, Georgia, filed a complaint against Victaulic Company (“Victaulic”) of Easton, Pennsylvania, in the Northern District of Georgia seeking a declaration that the claims of Victaulic’s U.S. Patent No. […]
On October 3, 2012, Park Industries, Inc. (“Park Industries”) of St. Cloud, Minnesota, filed a complaint in the Northern District of Georgia against Eurostone Machine, LLC (“Eurostone”) of Atlanta, Georgia, alleging that certain corner saws imported and sold by Eurostone in the United States that are made overseas […]
In a July 23 entry, we summarized the Eleventh Circuit’s ruling upholding a “pay for delay” agreement between pharmaceutical companies to settle patent litigation.[1] That agreement had been attacked by the Federal Trade Commission (“FTC”) as violating antitrust laws. We characterized conflicting approaches between federal appellate courts on how […]
Introduction Occasionally, intellectual property owners find themselves doing battle in proceedings conducted before boards administered by USPTO, rather than in the court system, such as in cancellation proceedings before the Trademark Trial and Appeal Board (TTAB), in which a trademark owner petitions to cancel another’s federal trademark registration. […]
Georgia IP Litigation 