United States Second Circuit

Plaintiff's motion for a preliminary injunction, made during the pendency of its trademark infringement suit against owners of a New York City restaurant with a similar name, was properly denied. The fact that over 1,000 miles separate the two restaurants is a significant indicator that the likelihood of consumer confusion is slight.

Appellate Information

• Argued 10/02/2003
• Decided 02/26/2004
• Published 02/26/2004

Judges

• CARDAMONE, Circuit Judge., Before:  CARDAMONE, MINER, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward T. Colbert, Washington, D.C. (William M. Merone, Kenyon & Kenyon, Washington, D.C.;  Gregg A. Paradise, Kenyon & Kenyon, New York, New York, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Adam M. Cohen, New York, New York (Dana M. Susman, Kane Kessler, P.C., New York, New York, of counsel), for Defendants-Appellees.