 | The Flag Company, Inc. of Acworth, Georgia, has filed a lawsuit in
Atlanta Federal Court, making allegations against a competitor and former customer, Five Star Flags of Costa Mesa, California.
Demand: stop using 'farming flags'
The complaint names the owner of Five Star Flags, Steven Chan.
According to Chan, prior to filing the suit, Mr. Tucker Barr of Arnall Golden and Gregory, in Atlanta, Georgia, sent a cease and desist letter Five Star Flags and Chan stop marketing American flags to REALTORŪ at the websites www.farmflags.com and www.farmflag.com. The
venerable Knobbe Martens Olson and Bear of Newport Beach, California
responded to the cease-and-desist letter pointing out the generic
nature of the term, easily discovered using LEXIS/ NEXIS and other archive data services. He states: "We certainly take this allegation seriously. We immediately removed items brought to our attention that
stated 'farming flag', in an abundance of caution."
That did not stopped the 100-attorney law firm from first demanding a $15,000 payment, and also a 'restraining order' of words! "They wanted me to sign off on not having the words 'farm, or farming, or farms',within five words of each other" states Chan.
The case is proceeding in Atlanta. Federal Judge Charles Pannell is presiding.
Five Star Flags is headquartered in Costa Mesa, California. The
enterprise manufactures US flags in a variety of sizes, anufactures
custom flag pole kits, and is a US Government supplier.
About Arnall Golden and Gregory: Based in Atlanta, Georgia.
100-attorney law firm. Arnall Golden Gregory LLP, Attorneys at Law. 171 17th Street NW - Suite 2100, Atlanta, GA 30363-1031, 404.873.8500 |