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 […]
On February 21, 2013, Elite Dogstands Ltd. (“Elite”) of Harlow, United Kingdom, filed a complaint in the Northern District of Georgia against For The Earth Corporation (“FTEC”) of Phoenix, Arizona, and BJ’s Wholesale Club, Inc. (“BJ’s”) of Westborough, Massachusetts, alleging causes of action for design patent infringement, trademark […]
Who was “Jack the Rapper”? Answering that question requires a glimpse into a part of Atlanta’s history. Recent use of that name precipitated a trademark lawsuit and a motion for a temporary restraining order (“TRO”). However, the lawsuit may be short-lived, as an early exchange of settlement terms […]
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 […]
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 […]
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 […]
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 […]
On December 10, 2012, Cumming-based Mattress Safe, Inc. filed a complaint against New Jersey-based Hospi-Tel Manufacturing Co. (“Hospi-Tel”) in the U.S. District Court for the Northern District of Georgia, alleging trademark infringement and related causes of action. Mattress Safe is the named owner of record of the following […]
Introduction On November 26, 2012, Mr. Michael Chow and other plaintiffs affiliated with the MR CHOW restaurants doing business in New York, London, Miami, and Beverly Hills (and soon in Las Vegas) filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit of a judgment […]
On November 30, 2012, Plaintiff Avion Pharmaceuticals, LLC (“Avion”), which claims to have an exclusive license to trademarks comprising the term PRENATE in whole or in part (“the PRENATE Marks”), filed suit for infringement against Lawrenceville, Georgia-based TherapeuticsMD, Inc. and Boca Raton, Florida-based BocaGreenMD, Inc. (stated to be […]
Georgia IP Litigation 