Ascentive, LLC v. Opinion Corp.

Memorandum of Law in Opposition to Plaintiff Classic Brand's Motion to Supplement


Brief by the owners of 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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Published In: Business Torts Updates, Civil Procedure Updates, Communications & Media Updates, Constitutional Law Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Prejudgment Remedies | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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