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Citation Edit

Desknet Systems, Inc. v. Desknet, Inc., 1997 WL 253246, 42 U.S.P.Q. 2d (BNA) 1954 (S.D.N.Y. 1997).

Factual Background Edit

The plaintiff had a federally registered trademark for “Desknet.” The defendant had filed for and was using “desknet.com” as its domain name. The plaintiff sued.

Trial Court Proceedings Edit

The court refused to grant a requested preliminary injunction against continued use of the domain name, ruling that the plaintiff had known of the defendant's use for over a year but had taken no action. As a result, the court held that the plaintiff had not sustained its burden of showing irreparable harm.

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