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Inkaholiks Luxury Tattoos Georgia LLC v. Parton

The trial court abused its discretion to the extent its interlocutory injunction protecting the plaintiffs' trade name extended beyond the metropolitan area in which the plaintiffs established that they had achieved secondary meaning in the name before the defendants began using a confusingly similar name.

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James Parton and Inkaholics, LLC Parton’s tattoo studio sued Inkaholiks Luxury Tattoos Georgia, LLC and its owner, Uchechukwu Nwaneri, alleging trade name infringement. The suit alleged that the plaintiffs had protected rights in the name Inkaholics for their tattoo business, which operated in the metro Atlanta area, and that the defendants subsequently infringed on the name and damaged the plaintiffs’ business by using a confusingly similar name, Inkaholiks, to establish a competing tattoo business in the same area. The plaintiffs sought to permanently enjoin the defendants from using the name Inkaholiks, and the award of damages, under three counts based on the Uniform Deceptive Trade Practices Act UDTPA OCGA § 10-1-370 et seq.; the Fair Business Practices Act FBPA OCGA § 10-1-390; and the trademark infringement law at OCGA § 10-1-440 et seq.

The defendants appeal from the trial court’s pre-trial order granting the plaintiffs an interlocutory injunction which, pending final resolution of the case, enjoined the defendants from using the name Inkaholiks. We find under the circumstances of this case that the trial court did not abuse its discretion and affirm to the extent the court granted the interlocutory injunction for the metro Atlanta area in which evidence showed the plaintiffs operated their business. To the extent the court granted the interlocutory injunction beyond the metro Atlanta area in which the plaintiffs business operates, we find no basis for the injunction and reverse.

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