A company's request for a preliminary injunction blocking the use of its trademark was lost for a lack of urgency, a federal judge has ruled.

Southern District Judge William Pauley (See Profile) said the attempt of Berkley Networks Corp. to block InMarket Media's use of the term “In Market” for its shopping application software platform proceeded at a “languid pace” in Berkley Networks Corp. v. InMarket Media, 14cv5145.

Pauley said that a February trial would proceed without an injunction because Berkley had failed to show it needed immediate action to prevent damage to its trademark, and “time does not appear to be of the essence to these parties.”