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BS Premium Holdings LLC v. Premium Sweets & Desserts Inc.

Parties' Marks Dissimilar, 'Premium' Not Shown To Be Distinctive; Injunction Is Denied

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MEMORANDUM & ORDER This case concerns a trademark dispute. Plaintiff BS Premium Holdings, LLC (“BS Premium”) moves for an injunction prohibiting Defendants, Premium Sweets & Desserts Inc. (“PSD”) and its business partners,¹ from using the “Premium” name on a restaurant it is in the process of opening. As set forth below, the motion is DENIED because Plaintiff has not shown a sufficient likelihood of success on the merits. I. Background Plaintiff BS Premium owns and operates three restaurants and five grocery stores in Queens, Brooklyn and the Bronx. Second Amended Compl. (“SAC”) 1, ECF No. 43; Decl. of Babu Khan (“Khan Decl.”), Ex. 33, ECF No. 33-15 (map of parties’ business locations in NYC). These businesses opened between 2011 and 2020. SAC 14; SAC, Ex. 1 (table), ECF No. 34-1. They sell a variety of food products, with an emphasis on Bengali cuisine, under a handful of trade names that have the word “Premium” in common: “Premium Sweets”; “Premium Sweets & Restaurant”; and “Premium Supermarket.” SAC 1. Defendant PSD is a Canadian corporation with its principal place of business in Ontario. Id. 4. PSD’s Chief Executive, Mohammed Hossain, submitted a declaration stating that he and his wife began using the “Premium” name in Bangladesh in 1999 when they founded a company called Premium Sweets by Central. Decl. of Mohammed Iqbal Hossain

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