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EDNY: 5 Months Is Too Long To Bring Prelim Motion

By Marty Schwimmer on January 12, 2010

Not really an unusual decision but a reminder about the need for speed when bringing preliminary injunction motions. Plaintiff learned of complained-of behavior in June, didn’t file the proposed order to show cause until November. It’s three reasons for delay: (1) waiting for the expedited copyright reg’ns; (2) it granted an extension to the defendant to answer; and (3) defendant behaved in dilatory fashion; were held to be insufficient reasons to dispel the point that plaintiff’s delay belies its argument that the harm is irreparable.
Decision EDNY Unreasonable Delay PI Motion

  • Posted in:
    Intellectual Property, Trademark
  • Blog:
    The Trademark Blog
  • Organization:
    Martin Schwimmer
  • Article: View Original Source

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