Nane Jan, LLC v. Seasalt and Pepper, LLC

Summarized by:

  • Court: Intellectual Property Archives
  • Area(s) of Law: Trademarks, Preliminary Injunctions
  • Date Filed: 10-14-2014
  • Case #: 2:14–cv–208–FtM–29CM
  • Judge(s)/Court Below: United States District Court for the Middle District of Florida
  • LexisNexis Citation: 2014 U.S. Dist. LEXIS 146309
  • Westlaw Citation: 2014 WL 5177655
  • Full Text Opinion

A preliminary injunction may be granted if the movant demonstrates (1) a likelihood of success of the underlying case; (2) irreparable harm without an injunction; (3) the injunction will not impose greater harm on the nonmovant; and (4) the injunction is not adverse to the public interest.

Opinion (Steele): Plaintiff Nane Jan, LLC and defendant Seasalt and Pepper, LLC are companies that provide bar and restaurant services. Nane Jan, LLC began using the trademark name "Sea Salt" on November 15, 2008, and registered it with the State of Florida on December 30, 2008. On November 13, 2013, Seasalt and Pepper, LLC, filed with the United States Patent and Trademark Office ("USPTO") for "Seasalt and Pepper." Nane Jan, LLC sought a preliminary injunction to enjoin Seasalt and Pepper from using "Sea Salt" in connection with restaurant and bar services. A preliminary injunction may be granted if the movant demonstrates “(1) a substantial likelihood of success on the merits of the underlying case, (2) the movant will suffer irreparable harm in the absence of an injunction, (3) the harm suffered by the movant in the absence of an injunction would exceed the harm suffered by the opposing party if the injunction is issued, and (4) an injunction would not disserve the public interest.” On the first factor,the Nane Jan, Inc. is likely to succeed on the merits because "Sea Salt" is a valid trademark and Seasalt and Pepper's trademark use would likely cause consumer confusion. On the second factor, any harm that may befall Nane Jan, Inc's reputation and good will would be difficult to calculate. On the third and fourth factors, the Court held, without explanation, that the injunction would not unduly burden Seasalt and Pepper nor be adverse to the public interest.

The Court therefore GRANTED plaintiff's motion for preliminary injunction.

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