Whitmyer IP Group filed an action for declaratory judgment of no trademark infringement on behalf of its client, a leading quick service restaurant franchisor. The defendant had previously made repeated claims of willful trademark infringement and sought substantial damages, despite the fact that WHIPgroup’s client had prominently used its trademark on a national basis for more than ten years without evidence of confusion or notice of the third party’s rights. WHIPgroup attorney Walter Welsh filed the declaratory judgment, which seeks a determination of noninfringement on several grounds, to protect the client from further harassment.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]