PERSONETA, INC., Plaintiff v. PERSONA SOFTWARE, INC., Defendant., 418 F. Supp. 2d 1013

Summary

Plaintiff had been using its trade name for five years when defendant changed its name to one that was very similar. Both names began with letters that spelled "person." Plaintiff sold software to telecommunications service providers. Defendant's core software product was also used in the telecommunications industry. The court granted the motion for preliminary injunction. At the case's early stage, plaintiff only had to show that it had a "better than negligible" chance of succeeding on the merits. Plaintiff did so. The parties' names were similar, they both sold products in the telecommunications field, and there was a likelihood of confusion for potential customers sending out requests for quotes. Plaintiff also made a showing of irreparable harm in that there was a likelihood it would lose goodwill due to consumer confusion if no injunction was issued. And, while defendant might suffer some harm from not being able to use its new name, the balance of the hardships was in ...