Tycko & Zavareei Persuades Fifth Circuit to Overturn Portions of an Injunction that Infringed on Client’s First Amendment Rights

After extensive briefing and oral argument in New Orleans by partner Hassan Zavareei, the Fifth Circuit overturned portions of the district court’s injunction that prohibited our client, Robin Singh Educational Services, Inc., d/b/a TestMasters and its employees, from exercising their constitutionally protected First Amendment rights to freedom of speech and to petition the government. Specifically, the Fifth Circuit Court of Appeals overturned the portions of the injunction that prohibited TestMasters from opposing a competitor’s trademark application and from communicating with employees and agents of the opposing party. Among other things, the court found that “the district court’s order enjoining Singh from communicating . . . was a prior restraint limiting Singh’s first amendment rights, [and] it [was] an unconstitutional restraint on Singh’s free speech rights.”