First Franklin Financial Corp. v. Franklin First Financial, Ltd.

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

INTRODUCTION

In this action alleging trademark infringement, false designation of origin, and a violation of the Anticybersquatting Consumer Protection Act, (“ACPA”), plaintiff First Franklin Financial Corporation seeks preliminary injunctive relief. At oral argument, plaintiffs counsel emphasized that this lawsuit was provoked by a fear that defendant was planning to expand its business to California. This belief was primarily based on recent changes to defendant’s website and a trade-name application filed within the state. Subsequently, defendant voluntarily withdrew this application. At the hearing, defendant’s counsel further agreed to refrain from resubmitting its trade-name application, pending the outcome of this action. Defendant has also represented that it would be willing to voluntarily change its website to (1) eliminate the drop-down list of states, including California and (2) modify the legal disclaimer therein to clarify that Franklin First “may,” rather than “will,” submit requests to a third-party lender, if the property is located in a state for which it does not hold a mortgage-lending license.

For…