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United States District Court for the Southern District of Ohio, Eastern Division
November 18, 2022, Decided; November 18, 2022, Filed
Case No. 2:22-cv-3047
OPINION & ORDER
This matter is before the Court [*2] on Plaintiff's Motion for a Preliminary Injunction. (ECF No. 5). This Court held a Preliminary Injunction hearing on September 20, 2022. For the reasons that follow, Plaintiff's Motion for a Preliminary Injunction (ECF No. 5) is DENIED.
A. Factual Background
Plaintiff Reliant Capital Solutions, LLC ("Reliant" or "Plaintiff") is an Ohio limited liability company with its principal place of business in Gahanna, Ohio. (ECF No. 1 at ¶ 4). Since 2007, Plaintiff has provided accounts receivable management services under the RELIANT mark. (Id., ¶ 15). In 2017, Plaintiff received federal registration for the mark RELIANT CAPITAL SOLUTIONS, LLC from the U.S. Patent and Trademark Office ("USPTO"), which covers the services "debt collection; debt recovery and collection agencies" and identifies the first use in commerce as January 23, 2007. (Id., ¶ 19-21). Plaintiff conducts business online and maintains a website at www.reliantcapitalsolutions.com, as well as advertising on Facebook, LinkedIn, and at various industry trade shows. (Id., ¶¶ 30-33). Plaintiff utilizes RELIANT in conjunction with its provision of the RELIANT services in different ways, including as part of the logos shown [*3] below:
(ECF No. 1 at ¶ 27).
Defendant Ram Payment, LLC ("RAM") is an independent account management and payment processing company which acts as a neutral intermediary, capable of providing payment processing services to clients in several industries. (ECF No. 15 at 2). In 2019, Defendant acquired trademark intellectual property assets from Reliant Account Management, which had provided the same services as Defendant for roughly 10 years. (Id. at 3). After the acquisition of its assets by Ram Payment, LLC, Reliant Account Management LLC, changed its name to Account Management Systems, LLC. (ECF No. 16, ¶ 6). In mid-2019, the Consumer Financial Protection Bureau ("CFPB") began investigating Account Management Systems, LLC, based on actions taken by its previous owners. (Id., ¶ 14). The CFPB investigation ultimately found fault and ordered Defendant and other respondents jointly and severally liable for over $8M in redress. (ECF No. 1 at ¶ 64). As of 2021, all individuals responsible for the actions identified by CFPB are no longer with the company. (ECF No. 15 at 3).
In April 2021, after engaging a creative firm to help redesign its website and logo, Defendant rebranded itself to Reliant [*4] and filed a U.S. Trademark Application for the mark RELIANT in connection with the following logo:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 210242 *; 2022 WL 17082525
RELIANT CAPITAL SOLUTIONS, LLC, Plaintiff, v. RAM PAYMENT, LLC, Defendant.
Prior History: Reliant Capital Sols., LLC v. Ram Payment, LLC, 2022 U.S. Dist. LEXIS 199243, 2022 WL 16569215 (S.D. Ohio, Nov. 1, 2022)
likelihood of confusion, marks, injunction, consumers, preliminary injunction, parties, argues, customers, marketing, trademark, logo, infringement, asserts, ram's, confuse, merits, debt collection, settlement, factors, likelihood of success, irreparable injury, irreparable harm, purchaser, website, weigh, instances, copied, speculative, registered, reputation