By James Holloway - Edited by Sunnie Ning

Opinion & Injunction, The Museum of Modern Art v. MoMaCha IP LLC et al, No. 1:18-cv-03364 (S.D.N.Y. Sep. 28, 2018), opinion hosted by IPWatchdog. The Museum of Modern Art (“Museum”) prevailed in its efforts to preliminarily enjoin a New York City café from using marks the Museum alleges infringe on its “MoMA” trademark. MOMOCHA Café (“Café”) may no longer use its “MOMA” and “MOMOCHA” marks while the case is pending. Judge Louis L. Stanton of the Southern District of New York ruled that the similarity between the Museum and Café’s marks likely created consumer confusion that would cause irreparable harm to the Museum. Weighing the Polaroid factors, Judge Stanton concluded that the Café’s mark was likely to suggest that the...