Offit Kurman Secures Restraining Order and Injunction in Trademark Infringement Case

New York, NY. (May 26, 2023) – Offit Kurman Intellectual Property attorneys Tony Pezzano, Matthew Asbell and Chintan Desai secured a Temporary Restraining Order (TRO) and Preliminary Injunction (PI) for their client, plaintiff Wee Care Nanny Agency, LLC, in Wee Care Nanny Agency, LLC v. WeeCare, Inc., 1:23-cv-02117-AT (S.D.N.Y.).

The case involves plaintiff’s claims of trademark infringement and unfair competition, premised upon the confusion caused by the defendant’s use of the name WEECARE in relation to childcare services when it knew of plaintiff’s incontestable registration for the mark WEE CARE NANNY and attested to the U.S. Patent & Trademark Office that it did not and would not provide such childcare services. The plaintiff established that such confusion has caused a likelihood of irreparable harm to its goodwill and reputation as well as significant safety risks to infants and toddlers using the defendant’s services, as about 90% of the service’s babysitters, nannies and tutors in at least the New York metropolitan region and surroundings are not background checked, including for criminal background.  Even so-called “verified” providers on the defendant’s website are not adequately checked, as defendant has verified fictitious providers.

On March 15, the Honorable Analisa Torres, District Judge of the United States District Court for the Southern District of New York, issued a Show Cause Order granting the TRO and PI, and after a Hearing on April 26, an Order granting the PI was issued on April 27, 2023. The case is currently pending before Judge Torres, who issued a Case Management and Scheduling Order on May 16, 2023.

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