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 […]
As reported here, Special Master Sumner C. Rosenberg undertook construing certain claims of United States Patent Nos. 7,950,384 (the ‘384 patent) and 8,282,390 (the ‘390 patent) pursuant to an Order of April 25, 2013, entered by District Judge Amy Totenberg. Plaintiffs Coprecitec, S.L., Copreci, S. Coop., and Mandragon […]
Folks owns and operates eleven Folks Southern Kitchen restaurants in the north Georgia after starting with one in 1978. Folks began using the mark “GOOD TO GO” no later than 1994 according to the complaint (the “GTG Mark”). The GTG Mark was registered on May 26, 1998, and […]
The Refrigiwear, Inc. (“Refrigiwear”) complaint asserts trademark counterfeiting, trademark infringement, and unfair competition under state and federal law and copyright infringement against Sixty International S.A., Sixty Group SPA, and Sixty SPA (collectively “Sixty”) relating to Refrigiwear’s trademarks used on the insulated clothing, accessories, and protective equipment it manufactures. […]
Lee Hutson, Sr., Miami, Florida resident and former frontman of 1970s R&B group The Impressions, filed a complaint on August 27, 2013 in the Northern District of Georgia against Jay Jenkins, known in the music world as Young Jeezy, as well as Donald Earl Cannon and Cannon Music, […]
A few tips worth considering:1. Do not describe pre-filing investigation documents as “corporate espionage.”2. Do not send internal e-mails instructing employees to “rob whatever we can from any good product ideas they have.”3. Do not pursue a claim for misappropriation of trade secrets when the product of your […]
On August 6, 2013, Tensar International Corporation (“Tensar”) filed a complaint in the Northern District of Georgia asserting false advertising, Georgia Deceptive Trade Practices Act violations, and violations of Georgia statutory and common law relating to it geogrid product “TriAx®” against James Penman (“Penman”) acting individually or on […]
On August 2, 2013, Verint Systems, Inc. (“VSI”) of Melville, New York, and Verint Americas, Inc. (“VAI”) of Alpharetta, Georgia (collectively “Verint”), filed a complaint in the Northern District of Georgia against Interactive Intelligence, Inc. (“Interactive”) of Indianapolis, Indiana, alleging infringement of a host of patents generally directed […]
On July 31, 2013, Emerson Electric Co. (“Emerson”) of St. Louis, Missouri, Fisher-Rosemount Systems, Inc. (“Fisher-Rosemount”), a wholly-owned subsidiary of Emerson based in Round Rock, Texas, and Rosemount, Inc. (“Rosemount”), a wholly-owned Emerson subsidiary based in Chanhassen, Minnesota (collectively, “Plaintiffs”), filed a complaint in the Northern District of […]
Here is the second of two surveys of recent trademark cases filed in Georgia District Courts. Tory Burch Sues Alleged Counterfeiter On May 31, 2013, River Light V, L.P. and Tory Burch LLC (collectively “Tory Burch”), both based in New York, New York, filed suit against Golden Stella, […]
Georgia IP Litigation 