By Jerry Carter. In a July 17, 2012 Order, the Washoe County Business Court granted a preliminary injunction in favor of the licensor of an asphalt emulsion sealcoat formula. The licensor licensed a formula called “Pitch Black.” The secret ingredients of the Pitch Black formula include a polymer and a specialty clay. The licensee conceded that he could not make Pitch Black properly because he lacked access to the specialty clay.
The Business Court entered a preliminary injunction enjoining the licensee from using the Pitch Black name and formula. It found irreparable reputational harm to the Pitch Black name as a consequence of the licensee’s previous manufacture, distribution and sale of an inferior product resembling Pitch Black. The Business Court required a $50,000 bond.