Tuesday, September 11, 2012, 7:13 PM

New Complaint Filings in the Northern District of Georgia

(Updated September 13)

The Northern District of Georgia docket has seen a flurry of intellectual property-related activity in the last two weeks.  Below is a summary of recent filings:

Vehicle Tracking Patent Suits

On September 6, 2012, Telematics Corporation ("Telematics") filed a complaint against CarrierWeb, LLC ("CarrierWeb") of Smyrna, GA, alleging that CarrierWeb's "ALWAYS-On Mobile Communications Platform and related software and/or hardware" infringe eight Telematics patents, including U.S. Patent Nos. 5,428,546; 5,594,650; 5,636,122; 5,758,313; 5,884,216; 5,904,727; 5,922,040; and 6,088,648, which generally relate to methods and apparatuses for tracking vehicle location.  Telematics asks the Court to enjoin CarrierWeb's alleged infringement and award damages, costs, and attorneys' fees.

The case is Telematics Corporation v. CarrierWeb, LLC, No. 1:12-cv-03126-RWS, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Richard W. Story.

Telematics followed up the above suit with another filing on September 10, 2012.  Telematics filed a virtually identical complaint against Webtech Wireless, Inc., of British Columbia, Canada, and Webtech Wireless (USA) Inc., of Carson City, NV (collectively "Webtech"), alleging that Webtech's Quadrant, Interfleet, and NextBus systems infringe the same eight patents asserted against CarrierWeb.  Telematics asks the Court to enjoin Webtech's alleged infringement and award damages, costs, and attorneys' fees.

The case is Telematics Corporation v. Webtech Wireless, Inc. et al., No. 1:12-cv-03159-RWS, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Richard W. Story.

Longchamps Handbag Declaratory Judgment Action

On September 7, 2012, The Paradies Shops, LLC ("Paradies") of Atlanta, GA, filed a declaratory judgment action against S.A.S. Jean Cassegrain ("Cassegrain") of France, and Longchamp USA, Inc. ("Longchamp") of Robbinsville, NJ, asking the Court to declare that its "travel tote bags" do not infringe trademarks and trade dress covering Longchamps "Le Pliage" line of handbags and to declare those trademarks invalid.  Paradies apparently filed the suit in response to Longchamp's threat of filing a trademark infringement suit in the Southern District of New York on September 10, 2012.

The case is The Paradies Shops, LLC v. S.A.S. Jean Cassegrain et al., No. 1:12-cv-03137-AT, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Amy Totenberg.

LED Lighting Patent Suit

On September 7, 2012, Cooper Lighting, LLC ("Cooper") of Peachtree City, GA, filed a complaint against Cree, Inc. ("Cree") of Durham, NC, and Ruud Lighting, Inc. ("Ruud") of Racine, WI, alleging infringement of U.S. Patent No. 8,210,722, entitled "LED Device for Wide Beam Generation."  Cooper alleges that Cree and Ruud manufacture and sell certain LED streetlights incorporating optics products that infringe the '722 Patent.  Cooper asks the Court to enjoin Cree and Ruud's alleged infringement and award damages, costs, and attorneys' fees.

The case is Cooper Lighting, LLC v. Cree, Inc. et al., No. 1:12-cv-03149-CAP, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Charles A. Pannell, Jr.

Conflict Over Conflict Resolution Materials

On September 7, 2012, Dr. Richard J. Voyles, a resident of Georgia, filed a complaint for copyright infringement against Carol Rice, Karen Walters, The Dayrunners, LLC ("Dayrunners"), Conflict Resolution Academy, LLC ("CRA"), and Conflict Resolution Academy Resources, LLC ("CRAR"), all of Smyrna, GA.  According to the complaint, Voyles, an experienced mediator and author of conflict resolution books and materials, was "locked out" of his joint venture with the Defendants and the Defendants thereafter continued to use his copyrighted materials.

The case is Voyles v. Rice et al., No. 1:12-cv-03146-SCJ, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Steve Jones.

IT Staffing Services Trademark Dispute

On September 11, 2012, TEKsystems, Inc. ("TEKsystems"), of Hanover, MD, filed a complaint against S2 Teksystems LLC ("S2") alleging trademark infringement, false designation of origin, and unfair competition under the Lanham Act.  TEKsystems, a worldwide IT staffing company, claims ownership of a number of federally registered trademarks for "temporary and permanent staffing services in the field of information technology...", including TEKSYSTEMS, Reg. No. 2287071.  TEKsystems claims that S2 provides identical IT staffing services under a name, S2 Teksystems, that is nearly identical to TEKsystems' marks and is likely to mislead and cause confusion among consumers.  TEKsystems asks the Court to enjoin S2's use of TEKSYSTEMS and award damages for the alleged infringement.

The case is Teksystems, Inc. v. S2 Teksystems LLC, No. 1:12-cv-03180-MHS, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Marvin H. Shoob.

Search Engine Sabotage

On August 30, 2012, Sterling Currency Group LLC ("Sterling") of Atlanta, GA, an online money services and currency exchange business, filed a complaint against John Doe, an unknown defendant, alleging that the Defendant had purposefully purchased "bad links" incorporating Sterling's trademarks to harm Sterling's search engine rankings and online reputation.  The complaint includes counts for federal trademark infringement and false designation of origin under the Lanham Act and tortious interference with business relationships.

The case is Sterling Currency Group LLC v. Doe, No. 1:12-cv-03022-RWS, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Richard W. Story.

Billboard Trademark Suit

On September 11, 2012, Sign & Graphics Operations, LLC and Sign & Graphics Holdings, LLC (collectively, "S&G"), both of Plymouth, MI, filed a complaint against Roscoe Cox, Sign Me Up, Inc., Jerry Rankin, JRRC, LLC, and JRANK LLC d/b/a Signs of Buckhead (collectively, "Defendants"), all of Atlanta, GA, alleging infringement of S&G's trademarks where Defendants continued to use the marks after the termination or breach of a franchise agreement.

The case is Sign & Graphics Operations, LLC et al. v. Cox et al., No. 1:12-cv-3190-JEC, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Chief Judge Julie E. Carnes.

Furniture Trademark Suit

On September 12, 2012, Jysk Bed'n Linen, Inc. d/b/a By Design Furniture ("By Design Furniture"), a Delaware corporation based in Norcross, GA, filed a complaint against Monosij Dutta-Roy, a resident of Atlanta, GA, alleging that Dutta-Roy's use of Internet domain name www.bydesignfurniture.com amounts to unfair competition, cyber squatting, and dilution of By Design Furniture's trademarks.

The case is Jysk Bed'n Linen v. Dutta-Roy, No. 1:12-cv-03198-TWT, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Thomas W. Thrash, Jr.

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