A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

Preliminary Injunction Vacated after Plaintiff Fails to Show Continuing Likely Success on the Merits

In a June 11, 2013 ruling, Judge J. Paul Oetken vacated a preliminary injunction after denying the plaintiff’s motion for judgment on the pleadings on its Anti-Cybersquatting Consumer Protection Act (ACPA). The Court found that although the plaintiff “has shown irreparable harm, it cannot demonstrate a likelihood of success merits or sufficiently serious questions going to the merits to make them a fair ground for litigation.” Judge Oetken noted that the “Court maintains an ongoing duty to ascertain whether preliminary injunctive relief is warranted,” and vacated the injunction without prejudice in light of the plaintiff’s inability to show likely success on the merits.
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