28 U.S.C. §§ 1334(b), 157(a), (b) and (c); 11 U.S.C. § 362; 15 U.S.C. § 1125(a); O.C.G.A. §§ 10-1-370 et. seq., 10-1-451, and 23-2-55; Court has jurisdiction over this non-core proceeding to enter interlocutory Order on preliminary injunction. Chapter 11 plaintiff’s motion for preliminary injunction to enjoin the use of its trade name and related service mark against defendant Jape is granted. Plaintiff established a prima facie trademark infringement case by showing: (1) likelihood of success on the merits by proving it has a right to use the trade name and service mark and, unless the injunction is granted, there is a high risk of consumer confusion; (2) likelihood of irreparable harm as in a trademark infringement case injury is presumed; (3) potential injury to plaintiff of the diminishment of the goodwill of its business by allowing defendant Jape to use a similar trade name and service mark weighs in favor of granting the injunction; and, (4) public interest will be served by avoiding confusion in the marketplace and granting the injunction.
File:
Date:
09/14/2007