Bergeson, LLP Team Defeats Motion For Preliminary Injunction

The United States District Court for the District of Colorado has denied Plaintiff’s motion for preliminary injunction filed against Bergeson, LLP’s client in a trademark infringement action.  Plaintiff argued that Defendant’s use of the marks (1) creates a high probability of confusion, causing harm to Plaintiff’s goodwill; and (2) causes a loss of control over its business reputation.  The Court found that “Plaintiff’s speculative and conclusory arguments do not show irreparable injury” and that Plaintiff has not shown “that confusion is likely to occur despite the vast differences between the parties’ businesses.”  The Court noted in its Order that “Plaintiff has fallen well short of showing it has a clear and unequivocal right to relief.”   Daniel J. Bergeson, Caroline McIntyre, and Susan Bower represent Defendant in the action.