Bush Ross Client Defeats Preliminary Injunction in Federal Trademark Case

September 5, 2013

United States District Judge Virginia M. Hernandez Covington has adopted a report and recommendation denying a local ophthalmologist’s motion for preliminary injunction against Bausch & Lomb, Inc. The report and recommendation found that the plaintiff failed to establish a likelihood of success on the merits and irreparable harm in its claim related to the protectability of the mark “See Better. Live Better.”  In her order, Judge Covington noted that the ophthalmologist had “failed to establish that he is entitled to the extraordinary relief provided by a preliminary injunction.”  

Bush Ross Shareholder Anne-Leigh Gaylord Moe is Bausch & Lomb’s Middle District of Florida local counsel in the suit, with Floyd A. Mandell, Carolyn M. Passen and Julia L. Kasper of Katten Muchin Rosenman LLP in Chicago, IL as lead counsel.

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