Attorney successfully defended a Motion for Preliminary Injunction in a trademark infringement action in a six (6) day hearing before a Magistrate Judge
Attorney successfully defended a Motion for Preliminary Injunction in a trademark infringement action in a six (6) day hearing before a Magistrate Judge. Since 2006 our client, a non-profit corporation that assists seniors with living independently at home, has held a fund raise. Plaintiff, our client's former volunteer and chairperson for the Show, alleged that she was the owner of the Show and its trademark . Plaintiff filed a Motion for a Preliminary Injunction to enjoin our client from continuing to hold the Show. Plaintiff had left our client's nonprofit entity and intended to hold her own Show for another organization. Our client disputed that plaintiff was the owner of Show and filed its own Motion for a Preliminary Injunction to enjoin plaintiff from using the mark. The matter was hotly contested in a full six (6) day hearing before a federal Magistrate Judge. The Magistrate Judge's report and recommendations found for our client and recommended denying plaintiff's Motion and instead granting our client's Motion for a Preliminary Injunction. Both parties filed objections to the Report and Recommendations. The District Court Judge recently entered an Order in which he approved and adopted the Magistrate Judge's Report and Recommendations. Furthermore, the District Judge granted the vast majority of our client's objections and denied all of Plaintiff's objections. Therefore, the District Court enjoined plaintiffs from using the mark or any other similar name or mark in the production of any future antiques show.