A federal judge ruled that a New Jersey deer repellant maker cannot restrain an Ohio competitor, formerly licensed to use its trademarks and secret spraying techniques, as the trade secrets complaint lacks evidence of irreparable harm.
NJ Deer TRO Denial: Background of the Case
U.S. District Judge Michael A. Shipp denied New Jersey Deer Control LLC‘s bid for a temporary restraining order (TRO) against En Garde Deer Defense LLC on Monday. The ruling stated that New Jersey Deer Control failed to demonstrate irreparable harm from En Garde’s alleged use of its trade secrets after their licensing agreement expired in March.
Judge’s Decision
Judge Shipp emphasized that demonstrating harm that cannot be remedied with monetary damages is crucial for a preliminary injunction. He noted that New Jersey Deer Control had not met this requirement.
“At this nascent stage in the proceedings and without having exchanged any factual discovery, the court finds that plaintiff has not made a clear showing of immediate irreparable harm necessary to warrant injunctive relief,” Judge Shipp stated in his opinion.
NJ Deer TRO Denial: Allegations and Evidence
New Jersey Deer Control’s April complaint alleged that En Garde Deer Defense and its owner, Jeffrey Ardo, continued using its trade secrets and trademarks without permission after their agreement expired. The complaint sought a TRO to prevent En Garde from using its repellant application techniques and trademarks and to bar En Garde from operating in New Jersey.
