Downtown Crossing jewelry store will continue to lock Horns with nearby rival as name lawsuit continues

A federal judge has denied a request from E.B. Horn that she order Horn's Jewelers to immediately stop using that name because the older store waited two years after the upstart opened to file a trademark lawsuit and is still in business, which proves it's not suffering "irreparable harm" from its rival down Washington Street.

In a ruling denying E.B. Horns' request for a temporary order barring Horn's Jeweler from continuing to use that name, US District Court Judge Indira Talwani also noted that Horn's Jeweler now has a sign in its shop and a message on its Web site (but only on its About Us page, not on the home page) indicating it has no connection with E.B. Horn, which has operated on Washington Street since 1839, and which filed suit in March, alleging the similarly monickered shop is confusing customers.