This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee denied a preliminary injunction to a defamation plaintiff, Judge Gary R. Brown denied a prisoner's pro se petition to have his sentence vacated under 28 U.S.C. §2255 and Judge Frederic Block denied a motion by defendants to access frozen funds in an action brought by the U.S. Securities and Exchange Commission (SEC).

Preliminary Injunctive Relief Denied in Defamation Action

In Chen v. Amazon.com, 23 CV 5324 (EDNY, Nov. 9, 2023), Judge Komitee denied a preliminary injunction to an attorney who alleged that Amazon sent emails to his clients saying they had to terminate him as a condition of entry into Amazon's Brand Registry (ABR).

Defendant Amazon runs the ABR, an online service that allows applicants to register intellectual property with Amazon and gain access to tools that report suspected trademark infringement. ABR applicants proceed through an attorney of record associated with the applicant's trademark registration at the U.S. Patent and Trademark Office (USPTO). Upon registration, Amazon sends a digital code to the applicant's counsel, who forwards it to the applicant, who must submit it back to Amazon.