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.