Judge Denies Injunction Against Nextel World, Retrobrands
Thursday, December 06, 2018 | Comments

A Florida district court judge denied Sprint’s request for an injunction to prevent two Florida companies from selling radio products under the Nextel brand. Because the injunction was denied, Nextel World and Retrobrands can continue to sell products under the Nextel name while a lawsuit against them moves forward.

In April, Sprint filed a lawsuit in the U.S. District Court for the Southern District of Florida against Nextel World and Retrobrands, alleging that the two companies illegally stole the Nextel trademark and are using the goodwill engendered by the trademark to sell products.

Sprint asked the court to put an injunction into place against Retrobrands and Nextel World to prevent the two companies from using the Nextel trademark to sell products while the lawsuit proceeded.

Nextel World and Retrobrands argued that they were just reviving a trademark that Sprint had abandoned. The companies filed an application with the U.S. Patent and Trademark Office (USPTO) to cancel Sprint’s remaining Nextel trademarks.

In July, Magistrate Judge Lurana Snow recommended that the court deny the injunction because Sprint had delayed too long in filing the motion — suggesting that there was not urgent harm to Sprint — and that Sprint failed to prove a likelihood it will prevail on the merits of its case. Those are two key components in determining if an injunction is appropriate.

After reviewing Snow’s recommendation and Sprint’s objections to the recommendation, U.S. District Judge Jose Martinez agreed with Snow’s recommendation and denied the injunction.

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Comments
On 12/7/18, Jason Martocchio said:
We have been selling the new Nextel for over a year now and it is a wonderful product. We have over 200 units in the field and our customers love it. From the dealer side we have had great support and love our new revenue stream.

www.nextelboston.com

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