Weiss Zarett Defeats Preliminary Injunction Application Related To Client’s 11 Year Use Of Trade Name

By Michael D. Brofman, Esq. & Joshua D. Sussman, Esq.
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The motion, called a preliminary injunction application, was heard Tuesday before the United States District Court for Eastern District of New York within three days of lawsuit being commenced. At argument before the Judge, after the Court noted that the competitor had not disclosed material facts to the Court about the trade name’s history and the parties’ relationship and dealings, the Court found that the competing business did not establish it would be harmed if the client continued to use the name and that the movant failed to convince the Court that it had any protectable interest related to the name. In citing to the lead Second Circuit case quoted in the Weiss Zarett memorandum of law, the Court also determined that the competitor’s lengthy delay in seeking to enforce its purported rights also precluded the Court from granting the preliminary injunction. The Court’s decision is a victory not only for our client, but for open and fair competition.

Should you need the assistance of skilled and experienced counsel to assist you in litigation, do not hesitate to contact Michael D. Brofman at mbrofman@weisszarett.com and Joshua D. Sussman at jsussman@weisszarett.com.