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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - - X

BLACK SHEEP TELEVISION, LTD., :

CV 10 04926
Plaintiff, :

-against- : U.S. Courthouse

Central Islip, N.Y.
THE TOWN OF ISLIP, a municipal :
corporation of the State of
New York, :

Defendant. : TRANSCRIPT OF
PROCEEDINGS
: December 3, 2010
- - - - - - - - - - - - - - - X 3:55 p.m.

BEFORE:

HONORABLE LEONARD D. WEXLER, U.S.D.J.

APPEARANCES:

For the Plaintiff: HOWARD E. GREENBERG, ESQ.

180 East Maine Street, Suite 308
Smithtown, New York 11787

For the Defendant: CONNELL FOLEY

888 Seventh Avenue, Suite 3401
New York, New York 10106
BY: PETER J. PIZZI, ESQ.

Court Reporter: HARRY RAPAPORT, CSR

United States District Court
100 Federal Plaza
Central Islip, New York 11722
(631) 712-6105

Proceedings recorded by mechanical stenography.

Transcript produced by computer-assisted transcription.

HARRY RAPAPORT, CERTIFIED REALTIME REPORTER

OFFICIAL COURT REPORTER
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1 THE CLERK: Black Sheep versus Islip.

2 Appearances, please.

3 MR. GREENBERG: Good afternoon, your Honor.

4 Howard Greenberg for the plaintiff.

5 MR. PIZZI: Your Honor, Peter Pizzi from Connell

6 Foley for the Town of Islip.

7 THE COURT: The Court's decision.

8 To obtain a preliminary injunction the Town must

9 show irreparable injury in the absence of an injunction,

10 either, A, a likelihood of success on the merits, or, B,

11 sufficiently serious questions going to the merits to make

12 them a fair ground for litigation, plus a balance of

13 hardships that tips decidedly toward the party seeking

14 preliminary relief.

15 The Court holds that the Town has established

16 its right to the requested preliminary relief. The Town

17 has established that it has both common law and registered

18 trademark rights. Irreparable harm is demonstrated by the

19 infringement of the Town's mark and also by the likelihood

20 of confusion stemming from Black Sheep's use of the marks.

21 The Court also holds that the Town is likely to succeed on

22 the cyber squatting claim.

23 The Court also holds that there is a public

24 policy -- a strong public policy favoring the injunctive

25 relief requested. Black Sheep's use of the marks is

HARRY RAPAPORT, CERTIFIED REALTIME REPORTER

OFFICIAL COURT REPORTER
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1 confusing to members of the general public looking for

2 important information about the airport. Users of the

3 Black Sheep website will no doubt be misled into thinking

4 that the site is the official site of the Town's airport.

5 They are likely to turn to that site for official

6 information which they will think comes from the Town. In

7 the event of an emergency, the public may receive

8 inaccurate and non-official information from the website

9 that is neither operated by nor monitored by the Town.

10 The Court also holds that the passage of time

11 does not defeat the claim for injunctive relief as laches

12 is not available against the Town. Even if it were, the

13 strong public interest that is served by ensuring that the

14 public receives accurate information and is not misled in

15 the event of an emergency is more than sufficient to

16 defeat any claim that Islip took too long to enforce its

17 rights.

18 Finally, the Court has considered the

19 transcripts and CDs produced to the Court and holds that

20 they do not alter this Court's conclusion. Black Sheep is

21 free to pursue any claim of breach of contract, fraudulent

22 inducement or conversion that they claim arises out of

23 these tapes.

24 The preliminary injunction is granted. The Town

25 is directed to submit an appropriate order.

HARRY RAPAPORT, CERTIFIED REALTIME REPORTER

OFFICIAL COURT REPORTER
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1 That is the order of the Court. And the Court

2 is in recess.

5 (End of proceedings.)

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HARRY RAPAPORT, CERTIFIED REALTIME REPORTER

OFFICIAL COURT REPORTER