seeking monetary damages can undercut irreparable harm claim

Rush v. Hillside Buffalo, LLC, — F.Supp.3d —-, 2018 WL 2999905, No. 18-CV-00653 EAW (W.D.N.Y. Jun. 15, 2018)Rush, pro se, alleged that he owned a registered trademark for “Crash-a-Rama,” an event “featuring men and women running old junk cars in exciting and entertaining events.” He alleged that he operated Crash-A-Rama at the Holland International Speedway for eighteen years. Hillside Buffalo recently acquired the Speedway, and offered their own “Crash-O-Rama” event. The court declined to issue a TRO enjoining it (it was scheduled for the day after the opinion issued) but allowed claims to proceed.Irreparable harm: conclusory statements about irreparable harm aren’t enough without proof that monetary damages wouldn’t be a sufficient remedy.  It is true that “[i]rreparable harm ‘exists in a trademark case when the party seeking the injunction shows that it will lose control over the reputation of its trademark…

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