Tag: Trademark

Trademark Defendant who Lost on Summary Judgment Files Appeal with Eleventh Circuit, but Special Master May Still Assess Monetary Recovery

A defendant whom the U.S. District Court for the Northern District of Florida adjudicated a trademark infringer on summary judgment, and liable for attorneys’ fees as well as profits, filed an appeal from that court’s judgment on February 11, 2013.  However, an order of appointment of a Special […]

Southeast Clinical Nutrition Centers, Inc. Sues Mayo Foundation over Diet-Related Service Marks

On February 27, 2013, Tucker, Georgia-based Southeast Clinical Nutrition Centers, Inc. (“Southeast”) filed a complaint in the U.S. District Court for the Northern District of Georgia, Atlanta Division, against the Mayo Foundation for Education and Research (“Mayo Foundation”), alleging that the Mayo Foundation infringed Southeast’s service marks related […]

Shaw Industries Files Declaratory Judgment Action Against Hershey Over KISSES® Marks

In a case that has already drawn considerable publicity, carpet giant Shaw Industries Group, Inc. (“Shaw”), of Dalton, Georgia, filed a complaint in the Northern District of Georgia against The Hershey Company, of Hershey, Pennsylvania, and Hershey Chocolate and Confectionary Corporation, of Wheat Ridge, Colorado (collectively, “Hershey”), asking the […]

Travel Spike, LLC Re-Files Service Mark Infringement and Cyberpiracy Complaint in Northern District of Georgia

A service mark infringement and cyberpiracy lawsuit has reappeared on the Northern District of Georgia’s docket. The Current Lawsuit On January 30, 2013, Smyrna, Georgia-based Travel Spike, LLC (“Travel Spike”) filed a complaint (“the January 30 Complaint”) against New York City-based Travora Media, Inc. (“Travora”), asserting several counts […]

Battle for the Beltline: Atlanta Beltline Sues Andrew Realty Group Over BELTLINE domain names

On January 10, 2013, Atlanta Beltline, Inc. (“Atlanta Beltline”), a Georgia non-profit corporation, filed a complaint in the Northern District of Georgia against Andrew Realty Group, Inc., a Georgia corporation based in Sandy Springs, Georgia, and Alan Andrew (collectively, “Andrew Realty”), alleging that Andrew Realty is using domain […]

Eleventh Circuit Raises its Glass to the Public Domain, Affirms Summary Judgment Entered Against Miller’s Ale House on Trademark, Trade Dress, and Copyright Claims

IntroductionScore one for McDowell’s and its “Golden Arcs.” [1]  In a dispute between two sports bar and restaurant chains, the Eleventh Circuit has affirmed a grant of summary judgment in favor of the defendant, Boynton Carolina Ale House, LLC (“Boynton Carolina”), whom plaintiff Miller’s Ale House, Inc. (“Miller’s”) had […]