United States District Court, E.D. Missouri, Eastern Division. Jan. 20, 1999. Mary Ann L. Wymore, John E. Petite, Greensfelder and Hemker, St. Louis, MO, for plaintiffs. Leonard J. Frankel, Frankel and Rubin, Clayton, MO, Annette P. Heller, St. Louis, MO, for defendant.
Defendant opposes the application for issuance of a preliminary injunction.
The matter of the preliminary injunction request was heard by the Court on January 13 and 19, 1999. Defendant Internet Entertainment Group, Inc. is subject to personal jurisdiction in Missouri. Defendant's use of plaintiffs' common law trademarks and tradename as its Internet domain names tarnishes the plaintiffs' family of marks by associating them with adult entertainment venues that are inconsistent with the positive and spiritual uplifting image plaintiffs have striven to create and maintain in connection with the Pope's upcoming visit to St. Louis. Since plaintiffs have shown likelihood of success on their dilution claims, irreparable harm exists as a matter of law. The probable harm to plaintiffs from defendant's conduct outweighs any inconvenience that defendant will experience if it is required to stop using the plaintiffs' common law trademarks and tradename as its Internet domain names.