YA IP Holdings, LLC v. Levits Furniture Warehouse Corp. et al

MEMORANDUM DECISION AND ORDER: The current record does not demonstrate likelihood of irreparable injury or success on the merits to support the issuance of a preliminary injunction. Therefore, Plaintiff's motion for a preliminary injunction is denied. However, given that this conclusion rests, in part, on Plaintiff's non-use of the Mark since it was acquired over 34 months ago, Plaintiff's motion is denied without prejudice. Plaintiff may renew its motion should they begin using the mark to sell furniture.

S.D.N.Y.Oct 13, 2010