CHURCH OF SCIENTOLOGY INTERN. v. ELMIRA MISSION

No. 537, Docket 85-7693.

794 F.2d 38 (1986)

CHURCH OF SCIENTOLOGY INTERNATIONAL, a corporation; Religious Technology Center, a corporation; and Scientology Missions International, a corporation, Plaintiffs-Appellants, v. The ELMIRA MISSION OF THE CHURCH OF SCIENTOLOGY, a corporation, a/k/a Church of Scientology, Mission of Elmira, a/k/a Dianetics Center, a/k/a Scientology Elmira, a/k/a Center for Creative Learning; Harry Palmer, an individual; and Avra Honey-Smith, an individual, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 23, 1986.


Attorney(s) appearing for the Case

Michael C. Elmer, Washington, D.C. (Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., Paul J. Yesawich, III, Kevin J. Arquit, Harris, Beach, Wilcox, Rubin and Levey, Rochester, N.Y., Thomas M. Small, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., of counsel), for plaintiffs-appellants.

Mark S. Nunn, Rochester, N.Y. (Weidman & Jordan, Rochester, N.Y., of counsel), for defendants-appellees.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal is from a denial of a preliminary injunction. 614 F.Supp. 500. Appellants, who had licensed appellees to use their registered trademarks, later terminated the appellees' authority. When the former licensees continued their now unauthorized use, appellants brought a Lanham Act suit and sought a preliminary injunction. The issue in this case is whether in the licensor/licensee context irreparable...

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