In Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships.
The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against defendants who operate a similar business.
In denying the application for preliminary injunction, the court wrote:
‘Twas the week before Christmas And at the courthouse, Some lawyers appeared set To quarrel and grouse.
More rapid than eagles Their papers had come: Declarations, a notice And memorandum.
It seems that each party Runs a holiday show, With Santa, his reindeer, And fresh mistletoe.
Defendants are alleged To’ve made quite a mess, By stealing trade secrets, And even trade dress.
“They’ve stolen our secrets That we use to function!” The plaintiff asserted While seeking injunction.
“It’s veritably Grinch-like,” Plaintiff said with some fire, “They took our ideas, and Our holiday supplier.”
Defendants respond that They’ve acted with care. “It’s all public domain, That’s found everywhere.”
To seek an injunction, One must fast beg redress, Showing irreparable harm And likely success.
Plaintiff knew of the problem Since early November, Yet waited to file till 17th December.
Plaintiff’s secrets remain Elusive at best, And there’s been little proof To establish the rest.
So while plaintiff has sounded The legal alarm, They have not established Irreparable harm.
With cases considered, And procedure applied, The preliminary injunction Must now be denied.
Many issues remain, Yet no one should fear We’ll tackle them all in The coming New Year.
The court proceeded to provide its, shall we say, less colorful analysis, noting that the above introduction was “in no way intended to undermine the seriousness of the parties’ rights and claims” but rather “this nod to the season represents an effort to lighten the mood, and perhaps encourage voluntary resolution of the dispute by the parties.”