Page:Bourne v. Walt Disney (S.D.N.Y. 1992).pdf/1

1974

Action by American Speedy Printing Centers Inc. against Sir Speedy Inc. for trademark infringement, dilution, and unfair competition. On plaintiff’s motion for a preliminary injunction, Motion denied.

Nimmons, J.

Before the Court for consideration is the Plaintiff’s Motion for Temporary Restraining Order and/or Preliminary Injunction (Dkt. #2). The Plaintiff, franchisor of quick printing centers, uses the expression: “It’s Right, It’s On Time, Or It’s Free Guarantee” to promote its printing services. The Plaintiff seeks to enjoin the Defendant, also a franchisor of quick printing centers, from using the phrase: “We Do It Right Or We Do It Over. We Do It On Time Or We Do It Free” in connection with the promotion of the Defendant’s services.

In order to justify the issuance of a preliminary injunction, the moving party must establish the following four criteria: "1. A substantial likelihood that the movant will eventually prevail on the merits;

2. The movant will suffer irreparable injury unless the injunction is issued;

3. The injury to the movant outweighs whatever danger the proposed injunction may cause the party opposing the injunction; and

4. The injunction, if issued, would not be adverse to the public interest."

(emphasis supplied). Canal Authority v. Callaway, 489 F.2d 567, 572-73 (5th Cir. 1974). Moreover, the issuance of an injunction is an extraordinary and drastic remedy which will not be granted unless the moving party clearly carries the burden of persuasion as to all four prerequisites. United States v. Jefferson County, 720 F.2d 1511, 1519 (11th Cir. 1983).

In Count I and Count II of its verified complaint, the Plaintiff asserts causes of action against the Defendant for trademark infringement and unfair competition in violation of 15 U.S.C. § 1125(a), and for common law trademark infringement and unfair competition. In Counts III and IV the Plaintiff alleges violations of Florida Statute Sections 495.151 and 501.204.