Brief by the owners of Pissedconsumer.com in opposition to the motion by Classic Brands, LLC, whose complaint was consolidated with the complaint of Ascentive, LLC, to "supplement the record" on its pending application for a preliminary injunction to censor consumer complaints about the company on the website.
We argued that rather than supplement the record, plaintiffs are seeking to entirely change the theory of recovery to one sounding in secondary trademark infringement -- and that they still fall far short of meeting the necessary legal standard of showing a likelihood of success on the merits needed for an injunction.
As of July 2011, the court had not ruled on Ascentive's preliminary injunction motion -- but evidently was not moved by its irreparable harm claim.
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