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, Inc. (“Golden Stella”) and Jay Eun (“Eun”) (collectively “Golden Stella”), both based in Atlanta, Georgia, alleging trademark counterfeiting, trademark infringement, trademark dilution, copyright infringement, and unfair competition.
Tory Burch alleges that Golden Stella’s reproductions are likely to cause confusion or mistake and could damage Tory Burch’s reputation for quality products. Tory Burch alleges that, due to their extensive sales and marketing nationally and abroad, its marks have received widespread recognition, to which Golden Stella is unfairly reaping the benefits. Tory Burch asks the Court to enjoin Golden Stella from using their Trademarks in any manner and award them the profits Golden Stella received by using the Tory Burch marks.
The case is River Light V, L.P. v. Golden Stella, Inc. et al., Case No. 1:13-cv-01839-TCB, United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Timothy C. Batten.
Gyro Kings Fight for the Throne
On June 15, 2013, Gyro Enterprises, LLC d/b/a Gyro King (“Gyro Enterprises”), based in Atlanta, Georgia, filed a trademark and service mark infringement action against Gyro King Limited, Nabil A. Saleh and Stylianos Michael Kyriacou (collectively “Gyro King”), based in Atlanta, Georgia. Both businesses specialize in providing Greek cuisine, such as gyros, chicken wraps and pitas, falafel wraps, and other Greek inspired dishes.
Gyro Enterprises asserts that Gyro King’s use of their mark violates Sections 32 and 43 of the Lanham Act, by infringing on a federally registered mark and engaging in unfair competition, respectfully. It asks the Court to enter judgment that Gyro King has infringed its rights to the GYRO KING trademark and to enjoin Gyro King from further use of the mark.
The case is Gyro Enterprises LLC v. Gyro King Ltd. Case No. 1:13-cv-02011-JEC, United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Julie E. Carnes.
American Deli Seeks TRO Against Alleged Infringer
On July 10, 2013, American Deli International, Inc. and American Deli Plus, Inc. (collectively “American Deli”), with a principle place of business in Riverdale, Georgia, filed suit against Jay & Young Group, LLC, (“JYG”) located in Stone Mountain, Georgia, two officers of JYG, three managers of the allegedly infringing restaurant and the original owner of the restaurant, claiming trademark infringement, unfair competition and false designation arising under sections 32 and 43 of the Lanham Act.
One day after filing the complaint, American Deli filed a motion for temporary restraining order, asking the Court to stop JYG from continuing to operate their business until the matter had been addressed. A hearing on the TRO motion was scheduled for July 12, but the Plaintiff voluntarily cancelled the hearing. JYG did not file a response to the TRO motion within the time prescribed by the Local Rules, so the motion has been submitted to Judge Jones for consideration.
The case is American Deli Int’l, Inc. v. Jay & Young Group, LCC, Case No. 1:13-cv-02302-SCJ, United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Steve C. Jones.
Yanmar Targets Grey Market Tractors
On July 22, 2013, Yanmar America Corporation (“YAC”), based in Adairsville, Georgia, filed a complaint against Anthony Mills, individually, and d/b/a Mei Farm Equipment (“Defendant”), based in Elberton, Georgia, for trademark infringement under Sections 42 and 43(b) of the Lanham Act (Importation of Goods Bearing Infringing Marks), and Section 43(a) of the Lanham Act (False Designation of Origin).
In 2012, YAC and YCL were involved in litigation after a 1977 grey market tractor was sold to an individual in the U.S. by a company who had purchased the tractor from another company who imported these grey market tractors. Those tractors are not intended for US terrain, and unfortunately rolled over and killed the man operating it, leading to his wife filing suit. Ultimately the Supreme Court of Arkansas determined there was no personal jurisdiction over YCL. The Court also determined that YAC owed no duty to the deceased because YAC was not involved in importing the tractor into the U.S. or in the design and manufacture of the tractor.[1]
Due to cases like this, YAC emphasizes to the court the importance of not allowing importation of tractors intended for the Japanese market. Therefore, YAC asks the Court to enjoin the Defendant from importing the tractors and to order them to notify each of their previous purchasers of the material differences between the Japanese and US market tractors.
The case is Yanmar America Corp. v. Anthony Mills, Case No. 1:13-cv-00081-CAR, United States District Court for the Middle District of Georgia, Athens Division, and is assigned to Judge C. Ashley Royal.
Emily Scheible also contributed to this article.
[1] Yanmar Co., Ltd. v. Slater, 2012 Ark. 36 (Ark. 2012).