In a complaint filed in the Atlanta Division of the Northern District of Georgia on November 28, 2012, Clark Equipment Company d/b/a Bobcat Company (”Bobcat Company”) against Nighthawk Machinery, LLC (“Nighthawk”) seeks to recover from Nighthawk for infringement of its DURACORE trademark. For a history of the Clark […]
With one recent Northern District of Georgia action under its belt (see our October 31 and November 16 posts), 3form, Inc. (“3form”) has launched a nationwide campaign to enforce its design patents, utility patents, and trademark relating to architectural wall designs and products. On November 20, 2012, Utah-based 3form and Swiss-based Hunter Douglas […]
Our posts of September 6, September 24, and October 16 covered cases involving holdover licensees, all in the context of hotel franchises. The latest addition to the list of holdover licensee cases involves the restaurant business. In a complaint filed in the Atlanta Division of the Northern District […]
Warmtone Corp. d/b/a WebWire (“Warmtone”) initiated suit in the Atlanta Division of the Northern District of Georgia on November 8, 2012, against Brittany Race (“Race”) for infringement of the registered mark “WEBWIRE” – U.S. Reg. No. 2,177,196. According to its complaint, Warmtone provides Internet marketing services promoting visibility […]
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 […]
Below, we update the status of four intellectual property cases that had been filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Three of them have been terminated, and the fourth, while not terminated, includes a recent entry of a consent injunction.ARAC and […]
On November 2, 2012, D.H. Pace Company, Inc. (“Pace”) of North Kansas City, Missouri, doing business as the Overhead Door Company of Atlanta, filed a complaint in the Northern District of Georgia against AOD Group, LLC (“AOD”) and its principal owner and officer, Garrett Waldrop, both of Lawrenceville, […]
According to three consecutive suits filed on October 26, 2012 in the Atlanta Division of the Northern District, since 1998 Mark Rice d/b/a Games to Remember has been the purveyor of a board game for children 4 to 10 years old known as the FUNKY MONKEYS®, for which […]
The U.S. District Court for the Northern District of Georgia has seen continued activity in the filings of trademark cases, adding to the considerable number of such cases filed in Georgia federal courts in September and covered in several blog entries, including our October 1 entry. Abstracted below are the October 2012 trademark […]
On September 19, 2012, California-based Fantasia Distribution, Inc. (“Fantasia”), a defendant in a trademark case, filed an appeal with the Eleventh Circuit. The court below, the U.S. District Court for the Southern District of Florida, had entered judgment against Fantasia, permanently enjoining it from using the mark SURFER ON […]
Georgia IP Litigation 