Resource Lenders, Inc. v. SOURCE SOLUTIONS, INC.

MEMORANDUM DECISION AND ORDER RE PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION (Doc. 5)

I. INTRODUCTION

Plaintiff RESOURCE LENDERS, INC. (“Plaintiff’ or “RESOURCE LENDERS”) moves for a preliminary injunction against Defendant SOURCE SOLUTIONS, INC. (“Defendant” or “SSI”), enjoining SSI from using the designations “RESource” or “R.E.Source” or “R.E.*Source” (where the * is a house or other logo), or the introductory word “resource” or any representation of the word “resource” as the introductory word in its business name or service mark, in any manner in connection with the distribution, advertisement, promotion, offer for sale and/or sale of any real estate or mortgage services. SSI opposes the motion.

II. PROCEDURAL HISTORY

This trademark infringement, unfair trade practices, and dilution action arises out of the complaint of Plaintiff, a real estate mortgage loan provider, that defendant SSI has infringed on Plaintiffs service marks, which are (1) “Resource Lenders” and (2) “Resource Lenders Your Resource For Real Estate Loans.” SSI, a real estate sales and mortgage loan company, currently uses the mark “R.E.*Source Redefining Real Estate,” (where the * is a logo of a…