Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction


Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the website.

The companies' legal complaints seek relief based on trademark infringement, unfair competition, extortion, commercial bribery and civil RICO. Judge I. Leo Glasser in the Eastern District of New York analyzes each claim and the record, including two evidentiary hearings as well as a supplemented record based on a preliminary grant of expedited discovery.

Judge Glasser finds plaintiffs failed to demonstrate a likelihood of success on the merits for each claim and therefore denied the preliminary injunction application on these grounds.

The opinion also features an extension discussion of likelihood of confusion in the Internet context and criticism of the doctrine of initial interest confusion.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Decision | 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, Archer & Greiner, PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.