On the surface this appears to be a fairly straightforward diversity removal of a superior court action to federal court based on full diversity between the parties under 28 U.S.C. § 1338. AirWatch, LLC (“AirWatch”) is alleged to be an LLC with its principal place of business in […]
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, […]
Certainly the recent design patent litigation between Apple and Samsung in the Northern District of California garnered significant media attention. Design patents now reside in the media spotlight once again, but this time through East Coast litigants. The president of a New York-based maker of women’s control tops that is a […]
Those who watch “Housewives”-themed television shows are doubtless familiar with the oft-repeated scenes of reality-TV stars engaging in verbal warfare with one another. The newest battle between reality stars from Real Housewives of Atlanta, however, occurs off-camera, extending beyond mere verbal warfare and into the legal realm. The […]
On February 26, 2013, RMS Titanic, Inc. and Premier Exhibitions, Inc. (collectively “RMST”) initiated suit in the Northern District of Georgia, Atlanta Division, against Thomas Zaller, Imagine Exhibitions, Inc., and Imagine Exhibitions PTE, Ltd. (collectively “Zaller”), for conversion, contractual breach, unjust enrichment, fraud and fraudulent inducement, trade dress […]
In an order entered on February 6, 2013, the Northern District of Georgia denied both a plaintiff’s motion to dismiss its own patent infringement claim and a defendant’s motion for summary judgment on its counterclaim for a declaratory judgment of patent invalidity (obviousness). In denying the plaintiff’s motion, […]
“Almost five years ago,” explained an April 2012 Wall Street Journal article, “the computer and mobile-phone industries collided. Technological advances turned phones into minicomputers, complete with email, Web access and other features.” [1] Since then, according to that article, participants in the smartphone industry have been “engaged in […]
The title of Zac Brown Band’s album You Get What You Give, released in September 2010, may prove ironically prophetic if a new copyright lawsuit results in an award of sought remedies. The complaint, filed on November 30, 2012 by creative leatherworker Kyle Landas, alleges that Landas personally presented […]
On November 15, 2012, Atlanta-based Pursen, LLC (“PurseN”), claiming exclusive rights to a purse organizer insert, sued QVC, Inc. and two Florida-based corporations (Great Innovations, Inc. and For Life Products, Inc.) for patent infringement, trade dress infringement, and related state law causes of action. PurseN is the owner […]
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 […]
Georgia IP Litigation 