Here is the first of two surveys of recent trademark cases filed in the Georgia District Courts. Franchise Operating Under New Name, but Using the Same Technique On June 25, 2013, SmallBizPros, Inc. d/b/a Padgett Business Services (“Padgett”), with its principal place of business in Athens, Georgia, filed […]
Seven may not be a such lucky number, after all, for convenience store operators that have been using the name “7-SEVEN” for their stores in Macon, Georgia. On March 11, 2013, 7-Eleven, Inc. (“7-Eleven”) filed two complaints in the Macon Division of the U.S. District Court for the […]
In a prior post, we detailed a copyright lawsuit filed on January 22, 2013 by Broadcast Music, Inc. (“BMI”) and various music publishers against an establishment in northern Georgia. BMI and 11 music publishers (collectively “Plaintiffs”) have sued another establishment, this time in middle Georgia, marking BMI’s second […]
“A declaratory action allows a party ‘who is reasonably at legal risk because of an unresolved dispute, to obtain judicial resolution of that dispute without having to await the commencement of legal action by the other side.’”[1] In the patent litigation context, declaratory judgment actions are frequently brought […]
Introduction As puzzling as it may first seem, a seller of merchandise bearing counterfeit trademarks might not be found liable for “trademark counterfeiting.” Selling such merchandise does not establish counterfeiting liability without a showing of intent. Nevertheless, a defendant’s use of a counterfeit mark, regardless of intent, allows […]
Copyright troll.[1] Extortionist.[2] Predator.[3] John Steele has been called many things as he brashly wages a nationwide war against individual IP address owners on behalf of adult video production companies (or purported holders of copyrights in adult video content). None of the names have deterred him and, in fact, Steele proudly […]
The July 12, 2012 debut of this blog happened to cover a decision by U.S. District Judge Clay D. Land, of the U.S. District Court for the Middle District of Georgia, resolving a patent case preliminary injunction motion. Subsequent entries covered decisions by other Middle District judges in other intellectual property (“IP”) matters […]
On September 24, 2012, the U.S. District Court for the Middle District of Georgia issued an order dismissing a cyberpiracy claim under the Anticybersquatting Consumer Protection Act (“ACPA”) asserted against a defendant corporation. However, the ACPA claim against individual defendants will remain in the case, at least for the time […]
On July 25, 2012, defendants in a case with multiple claims, including trademark infringement and cyberpiracy under the Lanham Act, filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit. The defendants are appealing a final judgment rendered on July 10, 2012 by Senior Judge Hugh Lawson […]
On June 29, 2012, the U.S. District Court for the Middle District of Georgia, Athens Division, in an opinion and order authored by Judge Clay D. Land, granted a Motion for Preliminary Injunction barring the manufacture, sale, and offering for sale in, and importation into, the United States […]
Georgia IP Litigation 