A district court decision last month denying a preliminary injunction in a trademark case, Citigroup v. AT&T Svcs., No. 16-cv-433-KBF (S.D.N.Y. Aug. 11, 2016),1 is notable for several reasons, one of which is that it underscores the effect of eBay v. MercExchange, 547 U.S. 388 (2006), in eliminating the presumption of irreparable harm.
Citigroup sought to protect its trademark THANKYOU, used in its loyalty, redemption and rewards programs by enjoining AT&T over the use of the name AT&T THANKS marketing a similar rewards program for its customers. Citigroup’s mark, registered since 2004, was “incontestable,” so AT&T did not even challenge the validity of Citigroup mark.
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