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Call Now: 904-383-7448Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at any time at common law.
(Ga. L. 1952, p. 134, § 18; Ga. L. 1963, p. 463, § 13.)
- Claims for service mark infringement under the federal Lanham Act, the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., and the Georgia law of unfair competition turn on the same question - confusion of similar names. Jellibeans, Inc. v. Skating Clubs of Ga., Inc., 716 F.2d 833 (11th Cir. 1983).
- Customer was denied summary judgment as to a copyright owner's common law trademark infringement action because O.C.G.A. § 10-1-452 expressly preserved common law trademark rights and the owner produced sufficient evidence to raise a question of fact on the claim as to the likelihood of confusion. SCQuARE Int'l, Ltd. v. BBDO Atlanta, Inc., 455 F. Supp. 2d 1347 (N.D. Ga. 2006).
Cited in India-American Cultural Ass'n v. iLink Professionals, Inc., 296 Ga. 668, 769 S.E.2d 905 (2015).
- 74 Am. Jur. 2d, Trademarks and Tradenames, § 41 et seq.
- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 1, 198.
- Right of one to protection of tradename which he does not use, 48 A.L.R. 1257.
Common-law copyright in the spoken word, 32 A.L.R.3d 618.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2015-03-02
Snippet: good faith at any time at common law.” OCGA § 10-1-452. However, what registration of a service mark
Court: Supreme Court of Georgia | Date Filed: 2015-03-02
Citation: 296 Ga. 668, 769 S.E.2d 905
Snippet: good faith at any time at common law.” OCGA § 10-1-452. However, what registration of a *672service mark