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 […]
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 […]
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”), […]
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 […]
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 […]
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 […]
Introduction On November 26, 2012, Mr. Michael Chow and other plaintiffs affiliated with the MR CHOW restaurants doing business in New York, London, Miami, and Beverly Hills (and soon in Las Vegas) filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit of a judgment […]
In a complaint filed in the Atlanta Division of the Northern District of Georgia on October 29, 2012, Wika Instrument Corporation (“WIKA”) seeks to enjoin allegedly false statements about its commercial and industrial pressure gauges relating to product warranties, materials, accuracy, and design by a competitor, Winter’s Thermogauges […]
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 […]
Religious orders both tracing their lineage to the island of Malta, and using “Malta” in their names, are waging a trademark battle that resulted in a September 11, 2012 decision by the U.S. Court of Appeals for the Eleventh Circuit addressing the defense of trademark fraud, the multi-factor […]
Georgia IP Litigation 