United States District Court, S.D. New York
June 16, 2005.
THE McGRAW-HILL COMPANIES, INC., Plaintiff,
INGENIUM TECHNOLOGIES CORPORATION, Defendant.
The opinion of the court was delivered by: JED RAKOFF, District Judge
The Court hereby enjoins plaintiff from: (1) moving any
customers of the Premium service to plaintiff's new service,
usually referred to as Platinum, before the expiration of the
customers' service contracts; (2) selling or marketing any
service styled as an upgrade or modification of Premium; (3)
purporting to have registered a trademark that includes the term
"Premium Service." In addition, plaintiff is directed to make
monthly payments to defendant in accordance with the past
practice between the companies, without discounting such payments
because of any overpayment defendant may have received in the
past, and including immediate payment of any sums already
withheld because of such alleged overpayments. This injunction
shall be in effect until after trial, which is currently
scheduled to begin September 6, 2005. Defendant's motion for a
preliminary injunction is in all other respects denied. An
opinion setting forth the reasons for these determinations will
follow in due course.
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