Reply to Prepping/Scamming the Cogat

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[quote=Anonymous][quote]Here is a link to the full case

http://wa.findacase.com/research/wfrmDocViewer.asp...ac.20110804_0001768.WWA.htm/qx [/quote]

Wow. This is fun! I am glad that I did not give up on this thread 50 pages or so ago.

Riverside which publishes one of the CogAT sues Mercer a company that sells COgAT prep materials and the court unequivocally rules in Mercer's favor.

[quote]

[b]C. Riverside Has Not Proven It Will Suffer Irreparable Harm.[/b]

&lt;snip&gt;

[b]E. The Public Interest Favors Mercer.[/b]

To the extent that the public interest is implicated in this case at all, it favors Mercer. Riverside seeks to suppress Mercer's speech, which is rarely in the public interest. It is never in the public interest where there is no evidence that the speech infringes any copyright, presents false or misleading information, or is the result of anyone's wrongful conduct. Riverside touts only the public's interest in enforcing settlement agreements. As the court has already held, however, Riverside is not likely to prevail in proving any breach of the Settlement Agreement.[/quote]

and my personal favorite for all of you throwing out unsubstantiated accusations of stealing, cheating, scamming, etc. without any evidence.

[quote][b]D. The Balance of Hardships Tips in Mercer's Favor.[/b]

[b]Riverside faces the possibility that some customers will continue to assume, without evidence, that Mercer obtained inside information about the CogAT[/b].[/quote]

[/quote]

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