Case: Copyrights & Trademarks/Injunctions (E.D.N.Y.)

A federal district court in New York granted Crye Precision LLC’s motion for a preliminary injunction, enjoining Concealed Carrier LLC from using the “MultiCam” marks in commerce and manufacturing counterfeits of genuine MultiCam products. The court found that Crye was likely to succeed because the two-dimensional camouflage patterns were sufficiently original and separable from the functional elements of the product, and because Concealed Carrier failed to meet its burden in demonstrating that Crye had committed fraud or that the mark had lost its status of incontestability.