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October 31, 2005 |

Nestle Catches A Break With Kit Kat Trademark

European Court Allows Trademark Owners To Protect Partial Slogans

1 minute read

Chhina Family Partnership LP v. S.K. Group of Motels Inc.

Publication Date: 2005-10-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Michael C. Hall, Albany, for appellant.
for defendant: . Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellee.
Case Number: A05A0926

Merger clause in a sales contract for the purchase of a motel did not defeat the buyer's fraud claim, since the buyer based that claim on misrepresentations contained in the contract i

Williams v. Chick-fil-A Inc.

Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: James M. Thompson and Larry I. Smith Thompson & Smith PC, Augusta, for appellant.
for defendant: . Ashley F. Cummings, Matthew J. Calvert Hunton & Williams, Atlanta, and William T. Casey Jr. Hicks, Casey & Barber PC, Marietta, for appellees.
Case Number: A05A0105

There was no evidence showing that the corporate defendant and the operator of one of its restaurants were in a joint venture or other agency relationship at the time the operator ran a stop sign in

Buckner v. Douglas County

Publication Date: 2005-07-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: J. Kevin Moore Moore, Ingram, Johnson & Steele, Marietta, for appellant.
for defendant: Paul B. Frickey and Dana K. Maine Freeman, Mathis & Gary, Atlanta, for appellees.
Case Number: A05A0881

The Board of Commissioner's letter to the plaintiff agreeing to allow him to develop property in accordance with prior zoning amounted to an agreement to amend the county's zoning ordinance in viola

Folsom v. City of Jasper

Publication Date: 2005-05-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Fletcher, Norman S.
Attorneys: For plaintiff: Steven K. Leibel and Guy H. Weiss Casey Gilson Leibel PC, Atlanta, for appellant.
for defendant: . Will H. Pickett Jr. Pickett, Pickett & Pickett PC, Jasper, for appellees.
Case Number: S05A0021

The city of Jasper's Alcoholic Beverages Ordinance contains a blanket prohibition against truthful, non-misleading speech about a lawful product in violation of the First Amen

City of Atlanta v. Corey Entertainment Inc.

Publication Date: 2004-10-29
Practice Area:
Industry:
Court: Supreme Court
Judge: Fletcher, Norman S.
Attorneys: For plaintiff: Linda K. DiSantis, City Attorney, Jerolyn W. Ferrari and Stacy Y. Cole, Atlanta, for the city of Atlanta. Judson H. Simmons, William V. Hearnburg Jr. Smith, Gambrell & Russell LLP, Atlanta, for Barbara Fouch d/b/a Creative Media Displays of Ga. Michael J. Bowers, J. Matthew Maguire Jr., Alexandra E. Chopin Balch & Bingham LLP, Gregory H. Worthy, John W. Harbin and Roger B. Hatcher Jr. Powell, Goldstein, Frazer & Murphy LLP, Atlanta, for Corey Entertainment Inc. and others.
for defendant:
Case Number: S04A0932; S04A0934

The appellee had the right, under the Open Records Act, to disclosure of the appellant's tax returns, which were used to qualify her for certification as a Disadvantaged Business Enter

Hammond v. Carnett's Inc.

Publication Date: 2004-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, Roy E. Barnes and John F. Salter Jr., Marietta, for appellant.
for defendant: Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellee. Other party representation: Robert B. Hocutt, Mark D. Lefkow Nall & Miller LLP, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta.
Case Number: A03A2487

The trial court abused its discretion in finding that the plaintiff failed to satisfy the numerosity, commonality, typicality and superiority requirements for class certification in her action broug

Mid-Georgia Envtl. Management Group LLLP v. Meriwether County

Publication Date: 2004-04-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Fletcher, Norman S.
Attorneys: For plaintiff: James L. Paul, Matthew J. McCoyd Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, Steven M. Fincher and Murray J. Weed Fincher & Hecht LLC, Jonesboro, for appellant.
for defendant: Daniel W. Lee, LaGrange, Dana K. Maine, Kelley R. Purdie Freeman, Mathis & Gary LLP, Atlanta, and Thomas H. Morton Morton, Morton & Assocs. LLC, Zebulon for appellees.
Case Number: S03A1487

The county could not be compelled to grant approval for the plaintiff to build a solid waste landfill on 240 acres of county property that was not zoned for landfil

Union County v. CGP Inc.

Publication Date: 2003-12-05
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Dana K. Maine and Paul B. Frickey Freeman, Mathis & Gary LLP, Atlanta, for Union County. John W. Harbin, Simon H. Bloom and Bryan E. Busch Powell, Goldstein, Frazer & Murphy, Atlanta, for CGP Inc.
for defendant:
Case Number: S03A0669; S03X0670

A county's flood ordinances are not subject to municipal zoning regulations since they apply to all property in county subject to specified physical phenomenon-periodic flooding in this

Pabey v. State

Publication Date: 2003-08-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
for defendant: Stephen D. Kelly, District Attorney, and Jacquelyn L. Johnson, Assistant District Attorney, Brunswick, for appellee.
Case Number: A03A0299

The defendant was entitled to summary judgment in the civil forfeiture action brought against her under the RICO statute because the state's evidence was insuffi