MEMORANDUM AND ORDERI. INTRODUCTION Plaintiff, Mitsubishi Motors North America, Inc. (“MMNA” or “Plaintiff”) brings the instant action against Defendant Grand Automotive, Inc. d/b/a Planet Mitsubishi (“Planet” or “Defendant”) seeking damages and injunctive relief stemming from Planet’s willful and intentional operation of a Mitsubishi dealership at an unauthorized location and its improper use of Mitsubishi trade names, trademarks, and trade dress at the unauthorized location in derogation of the parties’ duly executed Dealership Agreement and in violation of 15 U.S. C. §1125(a), New York General Business Law (“GBL”) §360-k as well as under common law causes of action. See generally Complaint (“Compl.”). Presently before the Court is Plaintiff’s motion1 seeking a preliminary injunction [DE 3] in accordance with Rule 65 of the Federal Rules of Civil Procedure. For the reasons that follow, Plaintiff’s motion is GRANTED.II. FACTUAL BACKGROUNDThe facts are drawn from the Complaint, the February 12, 2018 Declaration of John McElroy [DE 5] (“McElroy Decl.”), the February 13, 2018 Declaration of Edward F. Maluf [DE 9] (“Maluf Decl.”), the February 16, 2018 Declaration of Kanhiya K. Galani [DE 18] (“Galani Decl.”), the February 19, 2018 Reply Declaration of Michael Beauchemin [DE 20] (“Beauchemin Reply Decl.”), the March 5, 2018 Declaration of Michael Beauchemin [DE 49] (“Beauchemin Decl.”) and the March 8, 2018 Declaration of Edward F. Maluf [DE 50] (“Maluf Supp. Decl.”) as well as the documents attached thereto. See Mullins v. City of New York, 626 F.3d 47, 51-52 (2d Cir. 2010) (recognizing that in adjudicating a motion seeking preliminary injunctive relief, a district court may rely on affidavits, depositions and sworn testimony even when these materials include hearsay statements since “[t]he admissibility of hearsay under the Federal Rules of Evidence goes to weight, not preclusion, at the preliminary injunction stage.”).A. The PartiesMMNA is a California corporation that maintains its headquarters and principal place of business at 6400 Katella Avenue, Cypress, California 90630. McElroy Decl.2. This location serves as MMNA’s “headquarters” from which it directs all of its business activities and at which all board meetings are held. Id. MMNA has operated in the United States since 1981 and “its association with Mitsubishi motor vehicles and Mitsubishi motor vehicle parts, is known and recognized by consumers throughout the United States.” Id.3.Planet is a New York corporation with a principal place of business located at 306 Main Street, Hempstead, New York 11550. Compl.4. Planet is owned by Kanhiya K. Galani (“Galani”) and has been operating as an authorized Mitsubishi automotive dealership since 2012. Galani Decl.
1-2; McElroy Decl.7. Planet sells both new Mitsubishi branded motor vehicles as well as used Mitsubishi and non-Mitsubishi motor vehicles. McElroy Decl.7.B. MMNA’s Business ModelSince beginning operations in 1981, MMNA has primarily been engaged in the business of distributing Mitsubishi branded motor vehicles, parts and accessories through a network of authorized retail automotive dealerships within the United States. McElroy Decl.
