Unprecedented Injunction in Trademark Dispute

The firm obtained an extraordinary preliminary injunction to protect the trademarks of one of its clients, a software company. The firm presented the court with evidence that our client’s competitor directly copied the marks as part of a scheme to confuse, and ultimately steal, customers and potential customers. The court agreed with our argument that the deliberate copying supported an inference of secondary meaning because the competitor also sought to confuse consumers into believing they were perusing our client’s website instead of the defendant’s site. The court’s order, which adopted nearly verbatim our arguments, enjoined the competitor from engaging in the complained-of conduct, including the use of our client’s trademarks in URLs, as key words to generate search results and as metadata.