Preliminary Injunction Denied

December 24, 2022 by mjpospis

Christmas Business’ Injunction Request Denied

In Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships. The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against…

Court Rejects First Amendment Challenge to NYC Executive Order Restricting Non-Essential Gatherings

In Geller v. de Blasio et al, 2020 WL 2520711 (S.D.N.Y. May 18, 2020), the court denied plaintiff’s motion for a temporary restraining order and preliminary injunction to enjoin the City of New York from enforcing an Executive Order of March 25, 2020 and its restriction on non-essential gatherings. This decision provides a primer of how…

Court Rejects Employer’s Request for Preliminary Injunction Against Departing Employee and New Employer

In a decision illustrating New York’s strong public policy favoring an employee’s right to earn a living free from contractual restrictions, an upstate New York federal court recently rejected a company’s attempt to enforce a non-competition provision against a departing employee. The decision is Veramark Technologies Inc v. Bouk, decided April 2, 2014. After one-time Veramark employee…