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(Solution) - The NYC Triathlon is an Olympic distance triathlon consisting o

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The NYC Triathlon is an Olympic-distance triathlon, consisting of a 1,500-meter swim in the Hudson River, a 40-kilometer bike ride up the West Side Highway, and a 10-kilometer run into Central Park. The triathlon has been run every summer in New York City since 2001. NYC Triathlon has used the name and mark THE NEW YORK CITY TRIATHLON, and variations, in connection with the event. The race has developed a loyal and enthusiastic following. Moreover, it has been covered by numerous national news and media outlets. SBR Multisports, Inc. is a retail outlet that sells triathlon equipment and has served as one of many sponsors to the NYC Triathlon. On January 25, 2010, SBR issued a press release stating that the company was changing its name from ?SBR Triathlon Club?to ?NYC Triathlon Club.? The New York City Triathlon brought action against SBR alleging violations of federal and state law, and sought a preliminary injunction against SBR, seeking to restrain SBR from using any trade name or trade mark likely to cause confusion with the triathlon. SBR opposed the preliminary injunction. What was the result? New York City Triathlon, LLC v. NYC Triathlon Club, Inc., No. 10 Civ. 1464 (CM); WL 808885 (S.D.N.Y. 2010).


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