Epic Tech, LLC v. SpinX Games Limited, Civil Action No. 1:22-cv-02043-SCJ (N.D. Ga., Apr. 13, 2023) Northern District Judge Steve Jones granted in part Defendant SpinX’s Motion to Dismiss claims for trademark dilution in a case involving social casino games using the name “Ca$h Bash.” Plaintiff Epic Tech, […]
Northern District Judge grants Plaintiff’s motion to strike Defendants’ motions in a trade secret case between a franchisor of soft and hard flooring products and a former franchisee alleged to have begun a competing business after the franchise agreement expired.
Hometown Pool & Spa, LLC v. Cheek, Civil Action No. 2:22-CV-RWS (N.D. Ga. June 8, 2022) Plaintiff Hometown Pool & Spa, LLC filed suit against Defendant Doug Cheek on March 30, 2022 in the Northern District of Georgia (Gainesville Division) asserting claims of (1) federal trademark infringement, unfair […]
The latest order in a patent case in the Northern District of Georgia delves into the procedural niceties of federal practice, illustrating both how form continues to have power over substance and how the Court can nevertheless point the parties to a viable, low-cost solution. This case involves […]
In an earlier post today we reported on the Third Amended Complaint filed by Lisa Duer (“Duer”), a resident of Woodstock, Georgia, alleging patent infringement, trademark infringement, copyright infringement, and trade dress infringement action against Bensussen Deutsch & Associates, Inc. (“BDA”), a Washington corporation, and Eli Lilly and […]
Judge Batten denied a motion brought by Carré Technologies, Inc. (“Carré”) to dismiss[i] apatent infringement action brought by Sarvint Technologies, Inc. (“Sarvint”) for lack of personal jurisdiction. The Court began by incorporating discussions from its Order in the sister case of Sarvint v. OMsignal, on which we recently reported. The accused […]
In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc. (“OMsignal”) filed in connection with the complaint of Sarvint Technologies, Inc. (“Sarvint”) […]
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 […]