Shopping App Maker InMarket Ducks Injunction Bid In TM Suit

Law360, New York (January 2, 2015, 2:40 PM EST) -- A New York federal judge has denied a request by Berkley Networks Corp. to bar rival InMarket Media LLC from using the “inMarket” trademark for its shopping discount app for smartphones, ruling that Berkley Networks can’t get swift court action after years of “lassitude.”

U.S. District William H. Pauley III ruled in his Tuesday order that he would not grant a preliminary injunction to Berkley Networks to protect its “inMarkit” trademark, because InMarket has been doing business under a similar name for two years and Berkley only recently filed its lawsuit against InMarket and subsequently set forth its injunction bid....

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