WPNT INC. v. Secret Communication Inc.

CERCONE, Judge.

This is an appeal from an order of the lower court granting appellee a preliminary injunction without conducting a hearing. We vacate the lower court’s order and remand the case for further proceedings.

On September 14, 1994, appellee WPNT, Inc. (“WPNT”) filed a Complaint in Equity and a Petition for Injunctive Relief against appellant Secret Communication, Inc., t/d/b/a WDVE FM (“WDVE”) claiming the right to' exclusive use of the service mark “Boo ’n Brew.” Appellee based the claim on its status as initial registrant under the Pennsylvania Trademark Act. 1 On September 27,…