Proven Methods Seminars, LLC v. American Grants & Affordable Housing Institute, LLC

ORDER RE: MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs Proven Methods Seminars, LLC, and Proven Methods Customer Service, LLC, (collectively “plaintiffs”) brought this action alleging copyright and trademark infringement against defendants American Grants & Affordable Housing Institute (“defendants”). Plaintiffs now move for a preliminary injunction against defendants’ continued use of the allegedly infringing materials and mark.

I. Factual and Procedural Background

In March of 1998, plaintiffs created a nationwide program that provides information to its customers about the various government grant, loan, and subsidy programs available to buy their first home, invest in real estate, or start/expand businesses. (Orlando Decl. ¶¶ 1-3.) Plaintiffs use “National Grants Conferences” as its trade name and service mark, promoting its program under that mark, including on its website (“www.nationalgrants.com”). (Id. ¶¶ 4-5.) Further program promotion is conducted in markets across the country via a series of free two-hour introductory seminars. (Id.) Following each seminar, plaintiffs offer for sale the program’s membership package, i.e. a series of products and services that includes…