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 PissedConsumer.com 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.