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Bel Canto Design, Ltd. v. MSS HiFi, Inc.

Bel Canto Design, Ltd. v. MSS HiFi, Inc.

United States District Court for the Southern District of New York

December 15, 2011, Decided; December 16, 2011, Filed

11 Civ. 6353 (CM)

Opinion

 [*211]  MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

McMahon, J.:

INTRODUCTION

On November 28, 2011, Plaintiff Bel Canto Design, Ltd.'s ("Bel Canto") Motion for Preliminary Injunction came on for hearing. Based upon the Motion for Preliminary Injunction, Bel Canto's Memorandum in Support of its Motion for Preliminary Injunction, the Direct Testimony of Michael McCormick in Support of Bel Canto Design's Motion  [**2] for Preliminary Injunction ("McCormick Declaration") (ECF No. 88), the Supplemental Direct Testimony of Michael McCormick in Support of Bel Canto Design's Motion for Preliminary Injunction ("Supplemental McCormick Declaration") (ECF No. 90), the Direct Testimony of P.J. Zornosa in Support of Bel Canto Design's Motion for Preliminary Injunction ("Zornosa Declaration") (ECF No. 89), and the cross-examination of Messrs. McCormick, Zornosa and Boey, and all other documents submitted, including Plaintiff's Exhibits 1 through 74, and the arguments of counsel, the Court makes the following:

FINDINGS OF FACT

1. Since 1990, Bel Canto has designed, manufactured, and sold fine audio electronic components throughout the United States and internationally. Bel Canto's broad line of audio products include preamplifiers, amplifiers, digital to analogue convertors, and virtual battery supplies. In its more than 20 years in business, Bel Canto has emerged as an industry leader and has become well known for its innovative audio systems focused on the importance of the Digital to Analogue Converter ("DAC") control center, as well as efficient, low-power consuming amplifiers and source components.

2. Bel  [**3] Canto is the owner of United States Trademark Registration Nos. 2,726,987 & 3,226,424 for "Bel Canto" and "e.One," respectively. Bel Canto manufacturers, sells, and markets for sale to the public all of its products using these trademarks.

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837 F. Supp. 2d 208 *; 2011 U.S. Dist. LEXIS 146701 **; 2011 WL 6355215

BEL CANTO DESIGN, LTD., Plaintiff, -against- MSS HIFI, INC. and JOHN BOEY a/k/a JOHNNY BOEY, Defendants.

Subsequent History: Motion granted by, in part, Motion denied by, in part, Count dismissed at Bel Canto Design, Ltd. v. MSS HiFi, Inc., 2012 U.S. Dist. LEXIS 86628 (S.D.N.Y., June 20, 2012)

CORE TERMS

products, serial number, dealer, warranty, altered, consumer, Declaration, unauthorized, customers, manufacturer, trademark, genuine, Defendants', Lanham Act, material difference, authorized dealer, Serial, selling, preliminary injunction, website, holder's, quality control, affiliation, injunction, Invoice, voltage, goodwill, Bryston, advertising, amplifier

Civil Procedure, Injunctions, Grounds for Injunctions, Balance of Hardships, General Overview, Likelihood of Success, Remedies, Preliminary & Temporary Injunctions, Trademark Law, Equitable Relief, Preliminary Injunctions, Causes of Action Involving Trademarks, Infringement Actions, Burdens of Proof, Likelihood of Confusion, Consumer Confusion, Defenses, First Use, Business & Corporate Compliance, Buyer's Damages & Remedies, Limitation & Modification, Preliminary Considerations, Federal & State Interrelationships, Antitrust & Trade Law, Consumer Protection, Deceptive & Unfair Trade Practices, State Regulation, Permanent Injunctions