Atlanta Braves File Suit Against Local Taxi Company for Trademark Infringement

Credit – Ricky Leroux – Marietta Daily Journal

Credit – Ben Brasch – The Atlanta Journal-Constitution

A local Marietta based taxi company, Braves Taxi, who carries a logo closely resembling that of the Atlanta Braves baseball team has found itself on the opposite side of a lawsuit for federal trademark infringement.  The suit filed November 1, 2018 states that the services is using, “identical and confusingly similar iterations of the Atlanta Braves’ trademarks” on its vehicles.”

The complaint goes on to state that “(Braves Taxi is) intentionally freeriding on the success and popularity of the Atlanta Braves by brazenly copying the Atlanta Braves’ trademarks in an effort to dupe unwitting fans or other Atlantans into believing the taxi company is owned by, associated or affiliated with or sponsored or endorsed by the Atlanta Braves.”

It is worth noting that the taxi company’s logo includes typeface identical to that of the (ball club) Brave’s logo as well as a tomahawk.  The attorney for the company, Braves Taxi, has so far denied many of the allegations according to court filings.

The original complaint states that the taxi company started operating “virtually in the shadow of SunTrust Park.”  Records show, however, that the taxi company has been registered with the state since 2015, and in business long before that in the area surrounding the current Braves stadium.  Many argue that they were in the area long before the Braves made their way to Cobb County.

The Braves further argue in their filing that the company is “inflicting irreparable harm to the goodwill symbolized by the Braves’ marks.”  They also mention potential harm to their extensive sponsorship agreement with Uber to provide all ride sharing to and from the stadium.  Federal court cases can take years to resolve; it is expected that this will be completed sometime in late 2019.

Do you operate a business and have concerns as to whether or not you are unwittingly engaged in trademark infringement or some other legal offense?  Thrift & McLemore’s attorneys can help you to ensure that you are at all times on the right side of the law.  Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150.

Purchasing a Franchise in Georgia as a Career Change

We recently stated on our blog that 1 in 7 businesses in the U.S. operate as a franchise.  It makes sense, as anyone with a healthy amount of working capital can purchase an interest in a turnkey operation and simultaneously become their own boss.  Also recently, Forbes published an article titled, “Laid off, Why Now Could be the Best Time to Franchise.”  It offered a fresh take on what is surely a devastating time in anyone’s life, and suggested an opportunity to spurn working for someone else, and go into the business of yourself.

 

While I would caution anyone who recently lost their job against haphazardly disregarding the years spent advancing in their given field, and honing the specific skill sets acquired, the article does present the reader with some compelling points for evaluation.  What was the level of satisfaction with the prior career?  What is the reader’s age and/or opportunities for continued advancement?  Will employment be easy to obtain, or was the layoff a product of a larger industry shift?

While the article focused on the finer points in franchise ownership, before committing to a newfound career in franchise operations, it is important to evaluate all factors to ensure that this will be a good fit.  The would-be franchisor must first assess things critically, such as their financial position, business acumen and skillset, business and personal goals, and the type of franchise that would do well in the local marketplace.

The first, and arguably most defining factor involved is the franchisee’s access to capital.  All franchises carry an initial franchise fee.  This is how the franchisor makes money, and is typically in addition to royalties on continued financial success.  Without access to this capital, which can typically run up to $1,000,000 for the most established franchise models, the would be franchisee will not be able to make it past the application phase

The second factor involves the skillset and goals of the individual purchasing the franchise.  Perhaps you are an accountant, and possess the business knowledge to keep the entity profitable, but you hate the smell of fast food.  Similarly, if you are allergic to animals then a pet sitting franchise may not be in your best interest.  Luckily, there are resources designed to match potential owners with available franchises that provide the best fit.

The final factor, and arguably the most important of them all, is the preparation and execution of purchasing a franchise.  The purchase of a franchise is a detail intensive process with many agreements and legally binding documents.  It requires a complete understanding of the Franchise Disclosure Document (FDD) and the Franchise Agreement with the entity you will be franchising with.  While Franchises are regulated under Federal law, there are differences from state to state, with Georgia being no different.

If you are considering a career change into franchise operations, and would like help understanding the critical elements of the process, please reach out to us.  Thrift & McLemore’s attorneys will assist you in every phase of the agreement, and provide critical reviews along the way.  Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150 to discuss how we can help you today!

Collecting on your Georgia Commercial Debt through Garnishments

As a creditor in Georgia, and especially one experiencing delinquent debts, your first objective is to pursue any legal means to obtain satisfaction of the debt owed to you.

Lawyer Atlanta GA

There are many ways for creditors to collect this delinquent debt, with varying degrees of difficulty, all of which depend on how hard the debtor intends to fight payment.

The easiest and most commonly adopted approach involves the use of a qualified attorney or debt collection agent.  This individual or entity will begin by sending either a demand letter or otherwise attempting to contact the delinquent debtor to amicably resolve the debt and get the creditor paid.  Unfortunately, this approach has mixed success.

More common in Commercial debt collection matters, due to the sophistication of parties, and contractual nature of the agreements, the creditor must go to court and receive judgement on delinquent debt in their favor, which then entitles them to act in regards to compel payment.  This judgement is a declaration by the court that the debt is valid, and the creditor can now seek to enforce the debt.

The most common tool used by these newly appointed “Judgement-Creditors” is Garnishment.  Georgia Garnishment Law is found in Title 18 Chapter 4 Article 4 of the Georgia Code, and follows the federal rules generally.  Specifics on the process can be found in OCGA 18-4-4 which outlines the process and period of Garnishments in the state.  There are two ways to enact a garnishment on a delinquent debt once judgment has been granted or the debt otherwise perfected.

The most common of these is a Summons of Garnishment, or simply a bank garnishment.  If a bank is served with this garnishment, they must immediately place a hold on the debtors account and may to the court all funds on deposit at the time of service, plus any additional funds that may be deposited into the account within the next 30 days.  After this thirty-day period, the garnishment is no longer in place.

Although less common, Georgia also allows the perfected creditor to garnish a debtor’s wages by way of a Continuing Garnishment.  After receiving service of a Continuing Garnishment, the employer of the delinquent debtor must pay into the court 25% of the debtor’s net take home pay.  This garnishment remains in place for the lesser of 180 days or the full extent of the debt has been satisfied.  Georgia also allows for renewal of this garnishment, but it must be again filed with the court.

Garnishments are generally filed in the Magistrate Court in the county for which the garnishee is physically located.  Costs may vary county to county, but are typically around $50 for filing, plus the cost for summons of service.

If you have questions regarding a delinquent debt of any kind and are at a loss for how to move forward with collecting it, let us help!  Thrift & McLemore’s attorneys are qualified in the State of Georgia to collect debts on behalf of their clients.  Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150 to discuss how we can help you and your organization collect on your receivables and delinquent debts.

Atlanta’s No. 2 home builder Century Communities merging with builder UCP

David Allison
Editor
Atlanta Business Chronicle

Century Communities Inc. (NYSE: CCS), the No. 2 homebuilder in metro Atlanta, said today it will merge with builder UCP Inc. (NYSE: UCP) in a deal valued at $336 million, including the payment of certain indebtedness.

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