However, Judge Shipp criticized the evidence provided by New Jersey Deer Control. The judge noted that En Garde operates solely in Ohio, where New Jersey Deer Control does not compete, weakening the latter’s claim of market harm. Additionally, evidence of En Garde’s use of New Jersey Deer Control’s trademarks was from before the licensing agreement’s expiration, and the Ohio firm had since altered its website.
Judge’s Remarks
Judge Shipp clarified that his decision was limited to the issue of irreparable harm and did not address the merits of New Jersey Deer Control’s claims. The denial of the TRO was based primarily on the lack of evidence showing irreparable harm.
NJ Deer TRO Denial: Legal Representation
New Jersey Deer Control is represented by Christopher J. Marino, Donald F. Campbell Jr., and Brian S. Schoepfer of Giordano Halleran & Ciesla PC. En Garde Deer Defense is represented by Nathan B. Zion of Mulhall Zion LLC and Peter J. Lamont of the Law Offices of Peter J. Lamont.
Response and Future Actions
Counsel for New Jersey Deer Control did not immediately respond to requests for comment, while En Garde’s counsel declined to comment. The denial of the TRO leaves open the possibility for New Jersey Deer Control to pursue further legal actions, although they must provide stronger evidence of irreparable harm to succeed in future injunction requests.
