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THE McGRAW-HILL COMPANIES, v. INGENIUM TECHNOLOGIES CORP

United States District Court, S.D. New York


June 16, 2005.

THE McGRAW-HILL COMPANIES, INC., Plaintiff,
v.
INGENIUM TECHNOLOGIES CORPORATION, Defendant.

The opinion of the court was delivered by: JED RAKOFF, District Judge

ORDER

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.

SO ORDERED.

20050616

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