Burrell Law Helps Protect Client’s Trademarks by Obtaining Preliminary Injunction against Infringing Shoe Wholesaler
On February 16, 2018, Burrell Law obtained a preliminary injunction, which is an emergency court order to stop a party from committing a certain act, against a shoe wholesaler for infringing on plaintiff’s service marks and trademarks (collectively, “Intellectual Property”). The relief sought prohibits the infringing defendants from using the Intellectual Property while the case is being litigated therefore helping reduce additional business losses as a result of defendants’ misuse of the Intellectual Property.
Preliminary Injunction in Trademark Disputes
In order to obtain a preliminary injunction in a trademark dispute, a party must show (1) irreparable harm, (2) either a likelihood of success on the merits or “sufficiently serious questions going to the merits to make them a fair ground for litigation”, and (3) a balance of hardships tipping decidedly toward the party requesting the preliminary injunction” (citation omitted). Specifically for trademark infringement, a party is entitled to an injunction if the party shows the infringer’s use of the party’s trademark is likely to cause confusion, mistake, or deception (citations omitted).
Why Seek a Preliminary Injunction?
Preliminary injunctions in trademark disputes can be an effective way to force a defendant to cease infringing on a plaintiff’s trademark while the litigation is being resolved. Typically, the costs associated with such orders may provide the incentive for the infringing party to negotiate a resolution while reducing the trademark owner’s future losses of customers or business due to confusion or brand destruction.
Find Eric Shoes, Inc. v. Eric Comfort Shoe 1942 et al., index number 608268-2017 (New York Supreme Court, Nassau County) for the court’s decision on the Burrell Law motion.
