On April 5, 2013, RE/MAX, LLC (“RE/MAX”) filed a trademark lawsuit in the Northern District of Georgia against Cumming, Georgia-based McFarland Realty Enterprises, Inc. and two of its principals (collectively, “McFarland”). The complaint lists federal counts of trademark infringement and unfair competition, and state law counts of dilution, […]
On March 20, 2013, Lawrenceville, Georgia-based Essential Ingredients, Inc. (“EI”) filed a complaint in the Northern District of Georgia against California-based E. T. Horn Company (“Horn”). EI alleges that Horn, after having entered into a 2008 settlement agreement promising to stop using the term ESSENTIAL INGREDIENTS GROUP or […]
Introduction What impact, if any, does a federal service mark registration for the stylized logo shown at left have concerning asserted rights to a subset of words recited in that logo, where those words were disclaimed in the registration? If none, does a supplemental registration for the words […]
An audit of a franchisee’s records, which allegedly revealed sales activity outside licensed territory and evidence of efforts to conceal that activity, has spawned a new trademark lawsuit. On March 19, 2013, California Closet Company (“CCC”) filed a complaint in the Northern District of Georgia against Lawrenceville, Georgia-based […]
Introduction Motion for sanctions. Motion for contempt. Motion to set aside default. Motion for permanent injunction. Motion to dismiss counterclaims. March 29 Order to Show Cause. All currently stand as pending in the U.S. District Court for the Middle District of Florida. The March 12 appeal of a […]
Danish companies LEGO Juris A/S and LEGO Systems A/S (collectively “LEGO”) have sued a Georgia-based company that they allege is an ex-licensee that continued to sell LEGO-themed products after the expiration of a sell-off period specified in a licensing agreement. On March 20, 2013, LEGO filed a complaint in […]
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 […]
Introduction Florida- and Utah-based providers of home alarm technology services are now complying with an order to cease uses of their acronym trademark following recent rulings against them rendered by the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the […]
A Mrs. Winners® franchisee said to be operating in Henry County, Georgia faces multiple trademark counts arising from alleged refusal to sign a new proposed licensing agreement. On March 1, 2013, Mrs. Winners Brand Management LLC (“Winners Brand”) filed a complaint in the Gainesville Division of the U.S. […]
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 […]
Georgia IP Litigation 