TWO HANDS IP LLC, Plaintiff, - against - TWO HANDS AMERICA, INC. AND ABC CORPS. 1-100, Defendants., 563 F. Supp. 3d 290

Summary

HOLDINGS: [1]-In a case involving service mark infringement under 15 U.S.C.S. § 1114, unfair competition under 15 U.S.C.S. § 1125(a), and others, the court denied the plaintiff’s motion for preliminary injunction to enjoin the defendants from using the trademark and service mark “TWO HANDS” and similar variation of the mark because the record showed the plaintiff failed to demonstrate a likelihood of irreparable harm since the significant delay in bringing the preliminary injunction motion counsels against a finding of irreparable injury and plaintiff did not offer any persuasive justification for its delay; moreover, the plaintiff failed to show that it would be irreparably harmed since it had not adequately alleged that it will lose control over its reputation, nor provided sufficient evidence showing a possible loss of goodwill in the industry.