Intellectual Property Law

EDNY: 5 Months Is Too Long To Bring Prelim Motion

By Marty Schwimmer

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

Full post as published by Trademark Blog on January 12, 2010 (boomark / email).